Crucial Answers to Cyberspace Questions

As he notes, businesses pile now collect legally much information about people's lifestyles and spending habits. That information can be stored and sold without your hold or even knowledge. He finds this area particularly polar because this information can be used improperly and banefully from credit or mortgage denials to denials of a seat on an airplane.

Third, Lessig considers the freedom of speech to be an area crucial to the developing of cyberspace. Speech is another area in which Lessig sees mesh write in code as a means of circumventing federal, state and topic laws. In fact, he considers the meshwork to be "perhaps the most authorized model of free speech since the founding" of the United States (167).

The one-fourth area Lessig defines as crucial is the ability of enjoinments to maintain national reign as cyberspace develops. In particular, the ubiquity of the Internet means that people can now come under the jurisdiction of sovereignties that do not exercise coordinating behavior. For example, both state in the United States coordinates its behavior with the federal government. just what about a person in Pennsylvania, for example, who engages in Internet behavior that subjects him to the jurisdiction of Finland, for example. But Lessig similarly considers that the Internet, itself, has its own rules of sovereignty which may sometimes be in opposition to the rules of the real-space world.

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3. Both men can likely compete that they did not "knowingly receive" the offending images as proscribe under ? 2252. Also, if Surf and Cyber live in the same state, Cyber may argue that he did not engage in " interstate highway or foreign art" as prosecution under both 18 U.S.C. ?? 1465 and 2252 require. He could also argue, probably unsuccessfully, that he never intended to sell or distribute the corporal but was rather seeking an opinion on whether it was fry dirty word when he move the pictures to Surf and asked "What do you speculate?" Thus, he can argue there was no "commerce" and no "sale" or "distribution.

" Similarly, if Surf only sent the pictures to people in his own state, he may also try to argue that there was no "interstate or foreign commerce." Finally, Cyber could argue that he did not keep the images on his computer with the "intent to sell" them as prohibited by ? 2252.

8. Lessig advocates that we free courts from their constraints about political choices. As to legislatures, he suggests that we whole tone beyond our surmise of government to see that the government is the opera hat body for making policy about cyberspace. Finally, as to code, he suggests that we examine the similarities in the regulating structures of cyberspace and legislative codes.

Cvazos, Edward & Gavino Morin. Cyber-space and the Law. capital of Massachusetts: MIT, 1996.

6. As to legislatures, Lessig argues that the people's traditional mistrust of government will adversely affect their willingness to allow legislatures to take the action necessary to govern the development of cyberspace (219). However, he also argues that such mistrust will not lead to cyberspace being adjust and governed by the people's collective interests but rather corporate interests.

1. Cyber subjected himself to guilty liability under 18 U.S.C. ?? 1465 and 2252 when he e-mailed the child pornography to Surf. When he did that, he knowingly transported child pornography to Surf.

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