[governance] U.S. - Japan Policy Cooperation Dialogue on the Internet Economy

[Chaitanya Dhareshwar]

Thanks Paul & srs! I'm glad I asked I'd never considered this pov.

Best,
Chaitanya

On Mon, Oct 29, 2012 at 11:40 PM, Paul Lehto <lehto.paul at gmail.com> wrote:

> On Mon, Oct 29, 2012 at 11:54 AM, Chaitanya Dhareshwar <
> chaitanyabd at gmail.com> wrote:
> 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.
>
> Or am I wrong here?
>
> 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.
>
> 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.
>
> 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.
>
> Paul Lehto, J.D.
>
>
>
> --
> Paul R Lehto, J.D.
> P.O. Box 1
> Ishpeming, MI  49849
> lehto.paul at gmail.com
> 906-204-4965 (cell)
>
>
>
>
>
>
>
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