2013SSRN Electronic JournalOpen access

Ten Commandments of Internet Law Revisited: Basic Principles for Internet Lawyers

A.R. Lodder

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Abstract

Internet Lawyers are specialized in issues on the intersection of Law and Internet. The connection between knowledge of the law and understanding of the Internet is one of constant interaction. Scholars can approach Internet Law basically from two angles. First, the classic legal approach is to start with the legal norm, and see whether internet phenomena are covered by existing norms, either applied straightforwardly or after interpretation. If no existing norm can be applied, the situation can be left unregulated or if desirable new norms can be designed. Second, the internet can be taken as starting point, so to think about possible norms without considering the existing normative framework. This approach can lead to new, refreshing insights. Both approaches have their merits. This paper introduces a set of principles for all Internet Lawyers a set of principles, called the Ten Commandments of Internet Law. Also, an empirical evaluation performed by a group of 43 Internet Law students used to improve the initial set is discussed. The set proposed in the end is not, however, considered to be the definite collection of principles for Internet Lawyers. Rather the ten commandments should be considered a dynamic set in which commandments can be refined, added or deleted.

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Internet Lawyers are specialized in issues on the intersection of Law and Internet. The connection between knowledge of the law and understanding of the Internet is one of constant interaction. Scholars can approach Internet Law basically from two angles. First, the classic legal approach is to start with the legal norm, and see whether internet phenomena are covered by existing norms, either applied straightforwardly or after interpretation. If no existing norm can be applied, the situation can be left unregulated or if desirable new norms can be designed. Second, the internet can be taken as starting point, so to think about possible norms without considering the existing normative framework. This approach can lead to new, refreshing insights. Both approaches have their merits. This paper introduces a set of principles for all Internet Lawyers a set of principles, called the Ten Commandments of Internet Law. Also, an empirical evaluation performed by a group of 43 Internet Law students used to improve the initial set is discussed. The set proposed in the end is not, however, considered to be the definite collection of principles for Internet Lawyers. Rather the ten commandments should be considered a dynamic set in which commandments can be refined, added or deleted.

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Available abstract

Internet Lawyers are specialized in issues on the intersection of Law and Internet. The connection between knowledge of the law and understanding of the Internet is one of constant interaction. Scholars can approach Internet Law basically from two angles. First, the classic legal approach is to start with the legal norm, and see whether internet phenomena are covered by existing norms, either applied straightforwardly or after interpretation. If no existing norm can be applied, the situation can be left unregulated or if desirable new norms can be designed. Second, the internet can be taken as starting point, so to think about possible norms without considering the existing normative framework. This approach can lead to new, refreshing insights. Both approaches have their merits. This paper introduces a set of principles for all Internet Lawyers a set of principles, called the Ten Commandments of Internet Law. Also, an empirical evaluation performed by a group of 43 Internet Law students used to improve the initial set is discussed. The set proposed in the end is not, however, considered to be the definite collection of principles for Internet Lawyers. Rather the ten commandments should be considered a dynamic set in which commandments can be refined, added or deleted.

Key concepts: The Internet, Ten Commandments, Norm (philosophy), Normative, Computer science, Law, Set (abstract data type), Legal aspects of computing

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