lawyer

IS THERE ANY LAW GOVERNING THE INTERNET?

I am sure almost everyone will agree there must be laws at the WorldWideWeb because lawlessness will inevitably lead to chaos. Every country in the world has their own laws and so, why should the Internet be any different?

However, the interesting part about having an Internet Law is that the Internet is shared by everyone in the world and so, the laws must be agreed upon by all countries. The drafting of an Internet Law will be a legislator s (and draftsman s) nightmare. The Internet Law has to be accepted by all the countries in the world and therefore consonant to all existing laws worldwide. The existing laws of each country already differ from each other. English Law is not really the same as American Law and neither is French Law wholly compatible with German Law. Laws in Japan are different from those in Russia and China. So how do you formulate a set of Internet Laws that all countries can agree to?

Many court cases concerning the Internet have already been decided in many countries but most judges have generally steered clear of formulating any law that can be imposed worldwide. They used legal arguments to find an easier way out so that the decisions of the court cannot be said to create any new Internet Law. I think they are also aware of the present futility in trying to create any new Internet Law that can be enforced in every country.

In view of the above, we can say there is no rule of law on the Internet at the moment and it looks as though it is going to a be a very long time before all countries can agree to a common set of Internet Laws.

However, regarding many of the crimes frequently committed on the Internet nowadays, every country actually already has its own laws to deal with them. We can start with the crime of theft .

Stealing is a crime in all countries of the world. Many people will accept the fact that taking someone s wallet or purse without permission is something they should not do. They know they can go to jail for such acts. But once they get on to the Internet, they steal images and articles plus other forms of intellectual property including songs and software. All these criminal acts can be committed with the click of a mouse in the privacy of their own homes and sheltered behind their computers. I suppose the ease with which many things can be stolen over the internet, makes the culprit thinks he is not really doing anything wrong. They are of the misguided view, If you don t want me to steal your wallet, why put in right in front of me?

Images found on the internet can be downloaded to your computer for your personal viewing and to do anything more than that can be tantamount to theft. Whether there is a copyright claim on the images found at someone else s website is immaterial because, if they are not yours, you have no right to use them except for your own viewing pleasure. A copyright claim merely serves to give you an additional warning.

Many people are also fond of lifting entire articles from online newspapers or magazines and then pasting them at forums or at their own websites. This act is clearly an infringement of copyright, if done without permission and the newspaper or magazine can sue if they so wish. Why do people commit such unlawful acts on the internet? Again, the answer must be the ease with which the laws can be broken. Just a matter of cut and paste or trying to do the misguided good deed of spreading the news .

In ordinary conversations at clubs or other social functions, it is rare to hear someone accusing another of being a thief or a liar. But on the internet, such allegations abound and there are some astounding character assassinations. Why? Once again, it is so easy to do that. Just switch on the computer, login to a forum and start calling names. Child s play really. You also see on the Internet many complaints about establishments which are not supported by any sort of evidence and which are libellous (or slanderous) in nature. These same people will never word the same complaint the same way in a face to face situation. All countries have existing laws to deal with libel and slander.

Anonymity is a comforting thought to many people who have a tendency to abuse the internet. They think they can t be caught. They think their screen names will never be linked to their real names . These people should think again. All emails can be traced and all messages posted at messageboards or forums have an IP Address that shows its origin. Cookies can be sent to the offending computer and thus having it marked for future investigation.

Many people barge into a forum or messageboard without bothering to read the rules governing that particular website. It is just like visiting another country without any care for its laws, customs or traditions. Maybe no crime committed here but it is certainly an exhibition of rudeness. Would you walk into a club in your own town without first checking out the rules?

Every citizen of the world bears a social responsibility to make sure the younger generation approaches the internet with a proper understanding of existing laws. Intellectual theft should be explained to them and also the meaning of libel and slander. It should also be stressed that courtesy is to be extended to the Internet.

I write this short article with the hope of generating some discussion on the need of a uniform and universal Internet Law. Please feel free to use the feedback form below to state your views and/or suggestions.

Best wishes to all, kayes.