Cyberspace spans worldwide, but it has no formal framework. It has no definite
metes and bounds except the capacity of the hardware used for access. The lack
of formal framework makes cyberspace nobody's domain. No single individual,
entity, or government owns or controls cyberspace. In property law, cyberspace
may be considered res nullius; it is incapable of private appropriation just
like outer space.[3]
Regulation in cyberspace is an emerging challenge. According to professor
Lawrence Lessig of Harvard Law School, the default in cyberspace is anonymity.
Anonymity encourages and enhances the exercise of freedom. A child too shy to
express himself in the physical space can feign to be somebody else in virtual
space, and express himself freely.
The internet also provides speed and ease of transmission of both voice and
data. The facility in communication greatly enhances global trade. Goods are
traded over cyberspace in lieu of the traditional person-to-person mode. Huge
amount of money is transacted through computers and even cellular phones.
Paperless transaction has become common. Even court filings are shifted to
electronic means. The volume generated by electronic business is enormous even
as the temptation for white collar crimes is likewise immense.
Facility of publication and the potential of anonymity, however, can also be
detrimental to the dignity or reputation of third parties. The internet is also
a medium for character assassination, and purveyors of bogus news at no harm to
the perpetrators.
Crimes of global repercussion are also committed with the use of the internet.
Trafficking of persons, child pornography, kidnapping for ransom, and terrorism
are perpetrated with the use of cyberspace. Freedom thus in cyberspace should
not be exercised without the concomitant responsibility of its users.
The existing laws and regulation have their bases on physical world activities. "Consequence of digitization and automation is that many Internet activities are widely distributed, both among actors and jurisdictions thus making it difficult or impossible to apply existing laws to the Internet analogous of physical world activities." The major problems and challenges are as follows:
Conclusion
The internet is a dynamic or ever-evolving work-in-process. What is in vogue
today may be passé tomorrow. Such dynamism characterizes the architecture of
cyberspace. Thus, it is indeed difficult for the government to regulate
cyberspace based on its architecture. The best, and perhaps utmost, that the
government can do is to regulate use of cyberspace. The emphasis of the
regulation would be on the conduct of the user, and its consequent effect.
End-Notes:
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