Cyberlaw 2.0

Abstract

This Article outlines two versions of cyberlaw, The first, characteristic of the scholarship of the late 1990s, is typified by a borclerless Internet and national laws that cease to have effect at their real-space borders, the regulatory power of code, and the virtue of selfregulatory solutions to Internet and e-commerce issues. In Cybet'law 2.0, the borderless Internet becomes bordered, bordered laws become borderless. the regulation of code becomes regulated code, and selfregulation becomes industry consultation, as government shifts toward a more traditional regulatory approach. The Article assesses each of these changes, calling attention to recent developments in copyright law, domain name dispute resolution, privacy, and Internet governance. At the heart of each is the question of the appropriate governmental role in Internet regulation and the need for cyberlaw to reconcile how government and regulation fit within the tensions of ever-changing technologies.