X hits on this document

67 views

0 shares

0 downloads

0 comments

7 / 23

2002]

AGAINST “AGAINST CYBERANARCHY”

7

price of reinsurance.”42

The bottom line? “It is settled with respect to realspace activity”43elsewhere Goldsmith refers to this as one of two “uncontested assump- tions”44—“that a nation’s right to control events within its territory and to protect its citizens permits it to regulate the local effects of extraterritorial acts.”45 Thus,

prevailing concepts of territorial sovereignty permit a nation to regulate the local effects of extraterritorial conduct even if this regulation produces spillover effects in other jurisdictions[, and that] . . . such spillover effects are a commonplace consequence of the unilateral application of any particular law to transnational activity in our increasingly interconnected world. 46

And if all that is “settled with respect to realspace activity,” why would we think that cyberspace is any different?

III.

SETTLED PRINCIPLES

The core of the Unexceptionalists’ argument thus contains a simple, but very powerful, syllogism:

Transnational activities of an ordinary, brick-and-mortar bookstore—“Analogbooks, Inc.”—are subject to “settled princi- ples” of “customary international law.”

These settled principles hold that if Analogbooks’ realspace activities produce “substantial local effects” in Singapore, or in England, those activities can “legitimately be regulated” by those governments.

Digitalbooks’ activities are “functionally identical” to Analogbooks’ activities.

Therefore, if Digitalbooks’ cyberspace activities produce “substantial local effects” in Singapore, or in England, those activities can “legiti- mately be regulated” by those governments. The logic is unassailable: If X is true in environment 1, and if environment 2 is “functionally identical”

  • 42.

    Id.

  • 43.

    Id. at 1239.

  • 44.

    Id. at 1212.

  • 45.

    Id. at 1239.

  • 46.

    Id. at 1212.

Document info
Document views67
Page views67
Page last viewedWed Dec 07 13:30:28 UTC 2016
Pages23
Paragraphs428
Words9008

Comments