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Cyber - Law
Cyber - Law
JURISDICTION
It is an aspect of state sovereignty and it refers to judicial, legislative and administrative competence The laws of an nation may have extra territorial impact extending the jurisdiction beyond the sovereign and territorial limits of that nation There is no uniform, international jurisdictional law of universal application, and such questions are generally a matter of conflict of laws, particularly private international law
An example would be where the contents of the web site are legal in one country and illegal in another In the absence of jurisdictional code, legal practitioners are generally left with a conflict of law issue
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SOVEREIGNTY
Another major problem of cyber law lies in whether to treat the internet as if it were physical space or to act as if the internet is a world unto itself Those who feel that government should leave the internet community to self regulate
Net neutrality
Every packet of data sent and received by every user on the internet passes through routers and transmission infrastructure owned by a collection of private and public entities, including telecommunications companies, universities and governments, suggesting that the internet is not as independent as other would like to believe
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Governance
The unique structure of the internet has raised several judicial concerns While grounded in physical computers and other electronic devices, the Internet is independent of any geographic location While real individuals connect tot the internet and interact with others, it is possible for them to withhold personal information and make their real identities anonymous If there are laws that could govern the internet, then it appears that such laws would be fundamentally different from laws that geographic nations use today
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MODES OF REGULATION
Law
Areas like gambling, child pornography and fraud are regulated in very similar ways online as offline
Architecture
West Coast Code : these mechanisms concern the parameters of how information can and cannot be transmitted across the internet Everything from internet filtering software, to encryption programs, to the very basic architecture of TCP/IP protocol, falls within this category of regulation
Norms
Certain activities or kinds of conduct online may not be specifically prohibited by the code architecture of the internet, or expressly prohibited by applicable law, nevertheless these activities or conduct will be invisibly regulated by the inherent standards of the community
Markets
Economic market will have limited influence over non commercial portions of the internet, the internet also creates a virtual marketplace for information and such information effects everything from the comparative valuation of services to the traditional valuation of stocks
CONCLUSION
Increase in commercial activity, and as a forum for advertisement, has brought the laws of supply and demand in cyberspace
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