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since 12/15/98
Columns::December 2, 2002

Worth repeating

Arthur R. Miller,
Bromley Professor of Law at Harvard University, delivered the 95th Sibley Lecture Nov. 14. He discussed “The Emerging Law of the Internet.” An excerpt:
“One thing we do know, just on the basis of experience over time, is that the law tends to be reactive. It tends to look at the phenomenon, the technology, and over time figure out what to do with it. . . .
“I believe . . . that the Internet . . . is potentially the most powerful medium of communication the world has ever known, and it is only likely to increase in stature. Indeed, the United States Supreme Court, which generally is not technologically advanced, has already remarked that the Internet is a wholly new medium of worldwide human communication. And that’s what it is: A worldwide medium of human communication. Think about it--we can move any piece of information, with picture or without, anywhere on the planet in under two seconds. . . .
“We even have given it a name. We call it cyberspace . . . an alternative universe. . . . And most striking of all, it is basically a free-fire zone. No law controls cyberspace. At the moment there is a degree of self-regulation, but that can’t last over time. The number of chips on the table--the social implications, the political implications of cyberspace--are too stunning. . . . And I submit to you that just as cyberspace is an alternative universe, it will reflect over time the entire universe of the law. . . .
“The main question is: Will there be a law of cyberspace? Something brand new? . . . A uniform law of cyberspace? . . . Or will this be . . . new wine in old bottles? Will we take existing doctrines and simply recast them?”





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