Legal problems abound in the information society. Electronic
commerce, copyright, privacy, illegal and harmful content, taxes,
wiretapping governments face an enormous challenge to meet the
advent of the Internet and ICT with a flexible, up-to-date, and
adequate legal framework. Yet one aspect makes this challenge even
more daunting: internationalization. Law is still to a great extent
based on nation states, but the information society is above all a
borderless and global society. Territoriality and national
sovereignty clash with the need for a global approach to address
ICT-law issues. Should states leave everything to the global
market, or should they intervene to protect vital national
interests? If they create regulations, should these reflect the
rules of the physical world? How can one enforce national rules in
a world where acts take place somewhere in Cyberspace? This text
presents the positions on these issues of the governments of the
Netherlands, Germany, France, the UK, and the US, as well as of
international organisations. How do they think about co-regulation,
law enforcement, harmonization, international co-operation, and
alternative dispute resolution? How do they deal with applicable
law and online contracts, privacy, international liability of
Internet providers, and electronic signatures? What are the
implications of the European Electronic Commerce Directive and the
draft Crime in Cyberspace convention? Any legal framework that is
to fit the global information society must take into account
internationalization. This volume shows to what extent governments
are meeting this challenge.
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