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International Internet Law

By Jonathan Bick
January 26, 2007

As worldwide Internet use grows, international Internet legal difficulties increase. Resolution is commonly obtained through traditional international treaties, conventions and jurisdictions. However, some critical matters concerning international use and regulation of the Internet remain unsettled.

The vast majority of e-commerce entails American entities as buyers, sellers and/or enablers. As a result, United States law is often used to resolve international Internet legal difficulties, despite the fact that the Internet legal difficulties involve people outside the U.S. The United States has enacted Internet-related laws, as have other jurisdictions. The Council of Europe's Cyber-Crime Convention, the Hague Convention on Jurisdiction and Judgments, rulings of the World Intellectual Property Organization, and the United Nations Internet governance proclamations are but a few examples.

Foreign governments have initiated litigation against United States entities for specific Internet transactions. Google's censorship activities in China and France's assertion of jurisdiction over Yahoo! are two examples. The United States is making an effort to regulate online gambling and spam of foreign entities. Even non-governmental agencies are attempting to implement Internet laws. Consider the ongoing governance activities of ICANN (the Internet Corporation for Assigned Names and Numbers), as it considers the role of technical standard-setting bodies and in doing so regulates Internet content.

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