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Sunday, February 01, 2004 |
Andrew seems to have convinced Rachel to drink the Kool Aid.
4:25:45 PM
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"States and Internet Enforcement," by
Joel Reidenberg,
Fordham University School of Law (Fordham School of Law, Pub-Law Research
Paper No. 41 and
University of Ottawa Law & Technology Journal, Vol. 1, 2004)
This essay addresses the enforcement of decisions through
Internet instruments. Traditionally, a state's enforcement power was
bounded by territorial limits. However, for the online environment, the
lack of local assets and the assistance of foreign courts no longer
constrain state enforcement powers. States can enforce their decisions and
policies through Internet instruments. Online mechanisms are available and
can be developed for such pursuits. The starting point is a brief
justification of Internet enforcement as the obligation of democratic
states. Next, the essay describes the movement to re-engineer the Internet
infrastructure by public and private actions and argues that the
re-engineering facilitates state enforcement of legal and policy decisions.
The essay maintains that states will increasingly try to use network
intermediaries such as payment systems and Internet service providers as
enforcement instruments. Finally and most importantly, the essay focuses on
ways that states may harness the power of technological instruments such as
worms, filters and packet interceptors to enforce decisions and sanction
malfeasance.
with a Tiny url:
(Without Tiny url, but possibly broken links, the abstract
would be
papers.cfm ? abstract_id = 487965 and the download would be
.pdf?abstractid equals 487965)
3:32:17 AM
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