<div>Thanks Paul & srs! I'm glad I asked I'd never considered this pov.</div><div> </div><div>Best,</div><div>Chaitanya<br><br></div><div class="gmail_quote">On Mon, Oct 29, 2012 at 11:40 PM, Paul Lehto <span dir="ltr"><<a href="mailto:lehto.paul@gmail.com" target="_blank">lehto.paul@gmail.com</a>></span> wrote:<br>
<blockquote style="margin:0px 0px 0px 0.8ex;padding-left:1ex;border-left-color:rgb(204,204,204);border-left-width:1px;border-left-style:solid" class="gmail_quote"><div class="im">On Mon, Oct 29, 2012 at 11:54 AM, Chaitanya Dhareshwar <span dir="ltr"><<a href="mailto:chaitanyabd@gmail.com" target="_blank">chaitanyabd@gmail.com</a>></span> wrote:<br>
<div>Are
there even "laws" as far as the internet itself is concerned? (not
talking about laws governments have created; I mean laws that form a
legal foundation of the internet) - my assumption was that such a thing
didnt exist.... Governments making laws yes but those laws are not the
foundation of a free, open internet because in it's original, free, open
form the internet is based around concept, understanding, achievement -
not laws. </div>
<div> </div><div>Or am I wrong here?</div><span><font color="#888888"><div> </div></font></span></div>One can get very large legal books entitled "internet law" or similar. But you are anticipating that and asking if law provides a foundation for the internet. In a general sense I would say yes, because the general laws of contract and intellectual property provide such a foundation, and the issue at this level is whether we will apply all of the law (including consumer protection and anti-discrimination laws) to the internet, or just the laws that business forces find most useful - contract and property laws. <br>
<br>More specifically, though, in legal systems founded on freedom, no License is needed to create something like the internet and one need only look for prohibitory laws that may be applicable. In this sense there can not be a fundamental "foundation" law authorizing the internet or any other creative human activity. Perhaps you are thinking of something like an Enabling Act - things that usually authorize things like the settling of territory, etc. These enabling acts arise out of powers of otherwise limited and supposedly freedom-loving governments that are typically considered plenary or total powers, like immigration/emigration and national security. If these powers are implicated, then legal permission or license is required in order to act or create. Thus, one must have an affirmative act or law supporting their right to emigrate to a country or immigrate into a given country. <br>
<br>In conclusion, in countries based on a presumption of freedom, contract and property laws nevertheless provide a general foundation but not a specific permission, license, or specific structure for the internet. In other countries, one needs not only the general foundation but the specific structure and permission, and creativity is thus more limited. In addition, a third class of laws that wished to assist internet development (perhaps with a subsidy) and also structure some of its aspects along the way may exist and provide something you may consider a "foundation". Of course, these vary from country to country.<br>
<br>Paul Lehto, J.D.<div class="HOEnZb"><div class="h5"><br><br><br>-- <br>Paul R Lehto, J.D.<br>P.O. Box 1 <br>Ishpeming, MI 49849 <br><a href="mailto:lehto.paul@gmail.com" target="_blank">lehto.paul@gmail.com</a><br>906-204-4965 (cell)<br>
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