--- From: "Joel Reidenberg" <reidenberg@private> To: "Declan McCullagh" <declan@private> Subject: Provocative paper Date: Fri, 30 Jan 2004 14:55:09 +0100 Organization: Fordham Law School Declan, Thought you might be interested in an article that has just gone online at SSRN. I suspect that you and many on your list would find the last section rather provocative-- please feel free to circulate the URL: "States and Internet Enforcement" Fordham School of Law, Pub-Law Research Paper No. 41, forthcoming in Univ. of Ottawa Law & Tech. Journal (inaugural issue 2004) http://ssrn.com/abstract=487965 (there is a link toward the bottom of the page to download the article in PDF) Abstract: This essay addresses the enforcement of decisions through Internet instruments. Traditionally, a state's enforcement power was bounded by territorial limits. However, for the online environment, the lack of local assets and the assistance of foreign courts no longer constrain state enforcement powers. States can enforce their decisions and policies through Internet instruments. Online mechanisms are available and can be developed for such pursuits. The starting point is a brief justification of Internet enforcement as the obligation of democratic states. Next, the essay describes the movement to re-engineer the Internet infrastructure by public and private actions and argues that the re-engineering facilitates state enforcement of legal and policy decisions. The essay maintains that states will increasingly try to use network intermediaries such as payment systems and Internet service providers as enforcement instruments. Finally and most importantly, the essay focuses on ways that states may harness the power of technological instruments such as worms, filters and packet interceptors to enforce decisions and sanction malfeasance. Regards, Joel ////////////////////////////////////////////////////////// 2003/04 Academic Year Visiting Professor, Universite de Paris-Sorbonne Visiting Professor, Institut d'etudes politiques de Paris Address: 69-71, Rue Defrance 94300 Vincennes FRANCE Tel: (33)(1) 43.98.14.01 Email: reidenberg@private ******************************************** Joel R. Reidenberg Professor of Law Fordham University School of Law 140 West 62nd Street New York, NY 10023 Tel: 212-636-6843 Fax: 212-636-6899 Email: <reidenberg@private> Web page: <http://reidenberg.home.sprynet.com> _______________________________________________ Politech mailing list Archived at http://www.politechbot.com/ Moderated by Declan McCullagh (http://www.mccullagh.org/) _______________________________________________ Politech mailing list Archived at http://www.politechbot.com/ Moderated by Declan McCullagh (http://www.mccullagh.org/)
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