Virtual Law

David Johnson and David Post discuss the jurisdiction of the the web in "Law and Borders: The Rise of Law in Cyberspace". They discuss the big issues concerning the regulation of the internet, which are primarily the lack of physical territory or borders and the difficulties in treating physical life and the cyber world as distinct and separate entities. Dealing with the enforcement of conflicting laws that are defined by geography is a challenge that can only be resolved by clear boundaries online. Johnson and Post support "treating [the internet] as a distinct doctrine, applicable to a clearly demarcated sphere, created primarily by legitimate, self-regulatory processes, and entitled to appropriate deference -- but also subject to limitations when it oversteps its appropriate sphere," which they think will provide the best solution to the issues associated with cyberspace and jurisdiction.

It's no secret that the internet and the laws that govern it are a big topic right now. Between SOPA, PIPA, and Megaupload the media is getting their fair share of web-based stories. Rather than discuss one of these numerous new articles, I've decided that the New York Times' "Room for Debate: What's the Best Way to Protect Against Online Piracy" is a good choice to discuss. "Room for Debate" is a regular section with multiple opinions of "experts" in the field which is being discussed. Chris Dodd, the former senator from connecticut and current C.E.O. of the Motion Picture Association of America, wrote that SOPA and PIPA are the best way to stop piracy. But Maria Popova, a writer for Wired and the Atlantic, as well as an MIT fellow, thinks that congress needs realize the economic implications of these acts, and shouldn't be making laws about the internet until they learn to use it.

It seems to me that Post and Johnson would be more likely to agree with Popova, but would probably think that congress shouldn't be making laws about the internet at all. They might argue that the web needs to be patrolling itself, shutting down websites and preventing copyright infringement. I guess I just don't see that as a very realistic option. It seems clear to me that though cyberspace can ideally take care of itself, we don't live in an ideal world. But I'm not so clear on the solution. I don't think SOPA and PIPA are good solutions, but I also hope that if I ever copyright my own material or work it won't get reproduced or stolen without my consent. I guess we'll  see what happens.