Title

‘Customary Internet-ional Law’: Creating a Body of Customary Law for Cyberspace. Part 2: Applying Custom as Law to the Internet Infrastructure

Publication Type

Journal Article

Publication Date

2010

Abstract

The shift in socio-economic transactions from real space to cyberspace through the emergence of electronic communications and digital formats has led to a disjuncture between the law and practices relating to electronic transactions. The speed at which information technology has developed require a faster, more reactive and automatic response from the law that is not currently met by the existing law-making framework. This paper suggests the development of special rules to enable Internet custom to form legal norms to fulfill this objective. In Part 2 of this article, I will construct the customary rules to Internet law-making that are applicable to electronic transactions by adapting customary international law rules; apply the suggested rules for determining customary Internet norms and identify some existing practices that may amount to established norms on the Internet, specifically practices relating to the Internet Infrastructure and Electronic Contracting.

Discipline

Internet Law

Research Areas

Intellectual Property and Technology-related Law

Publication

Computer Law and Security Review

Volume

26

Issue

2

First Page

185

Last Page

202

ISSN

0267-3649

Identifier

10.1016/j.clsr.2010.01.007

Publisher

Elsevier

Additional URL

http://dx.doi.org/10.1016/j.clsr.2010.01.007