OFFLIST:Re: [governance] Separate statement on themes for

Milton L Mueller mueller at syr.edu
Sun Feb 7 09:06:41 EST 2010


> -----Original Message-----
> From: McTim [mailto:dogwallah at gmail.com]
> I have no idea what this means either: "The change in the technical
> methods of communication often undermines pre-existing understandings
> of how to apply legal categories. "
> 
> What is the purpose of this sentence?

It's badly phrased, but important. It means: 

"The growth of the Internet has created new situations that force us to redefine how we apply existing law and how we interpret established legal rights. 

There are hundreds of examples, but the issue of how trademark protections apply to domain name registrations is one of easiest to invoke. 

Or, the way the internet undermines sovereign control of communication is another example - how does one state maintain jurisdiction control when things that are illegal in its jurisdiction are available to its citizens but in another jurisidction. 

This is why it is essential to frame the discourse around the concept of "rights". Even people who believe that states should have the power to suppress all kinds of individual rights must recognize that Internet capabilities shuffle the deck and require all kinds of adjustments in how we interpret and apply legal rights. 

--MM
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