Judge Easterbrook famously asked: Does the Internet bring about unique policy challenges? Legal academics have grappled to find an answer ever since. If we can't come up with a good, solid rebuttal to Easterbrook, studying cyber-governance may be about as insightful, to paraphrase Judge Easterbrook, as to study the law of the horse.
(For non-lawyers: such a law does not exist; there are norms that govern transactions, including for horses, and liabilities, including for horses, as well as prescribing behavior including vis-a-vis horses; similarly there may be norms for transactions, including those that are concluded online, and for rights, including those that need to be upheld online, and for prohibiting behavior including acts conducted online, but nothing would require special laws and a unique conceptual framework). more >>