ARTICLE: JURISDICTION IN CYBERSPACE: A THEORY OF INTERNATIONAL SPACES Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 1997 University of Michigan Law School
Michigan Telecommunications and Technology Law Review

ARTICLE: JURISDICTION IN CYBERSPACE: A THEORY OF INTERNATIONAL SPACES

1997 / 1998

4 Mich. Telecomm. Tech. L. Rev. 69

Author

Darrel C. Menthe *

Excerpt



Introduction
 
Where is cyberspace? 1 The answers to this question seem to approach the metaphysical: it is everywhere and nowhere; it exists in the smallest bursts of matter and energy and is called forth only by the presence of man through the intercession of an Internet provider. If the answers are useless, it only shows that we are asking the wrong question. We should first ask: what is cyberspace? To this question at least a functional answer is possible. Functionally, cyberspace is a place. It is a place where messages and webpages are posted for everyone in the world to see, if they can find them. 2 The United States Supreme Court's first opinion about the Internet contains language that makes one hopeful that U.S. courts will accept the legal metaphor of cyberspace as a place outside national boundaries: "Taken together, these tools constitute a unique medium - known to its users as "cyberspace' - located in no particular geographical location but available to anyone, anywhere in the world, with access to the internet." 3

Unfortunately, when the law confronts cyberspace the usual mode of analysis is analogy, asking not "What is cyberspace?" but "What is cyberspace like?" The answers are varied: a glorified telephone, a bookstore, a bulletin board. I propose that we look at cyberspace not in these prosaic terms, but rather through the lens of international law in order to give cyberspace meaning in our jurisprudence. 4

The thesis of this paper ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities