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The Internet's Legal Digital Divide
Few Internet law issues create a greater challenge than Internet jurisdiction, which raises the fundamental question of whose law applies to activity that takes place online. While some experts initially hoped that the Internet might breed a new era of global legal harmonization, a closer examination reveals that legal differences are cropping up everywhere as countries become more assertive in ensuring that their Internet legal framework is consistent with national policy priorities.
For businesses operating online, the resulting melting pot of legal rules presents some tough challenges. Internet jurisdiction ' the question of whose law applies online ' has always been identified as one of the Internet's most challenging issues and in recent years that challenge has intensified by virtue of competing and potentially conflicting regulations.
A recent study reveals that businesses, particularly those located in Canada and the U.S., are increasingly responding to Internet jurisdiction risk. In 2003, the American Bar Association joined forces with the International Chamber of Commerce, a global leader on Internet jurisdiction policy, and the Internet Law and Policy Forum, a global consortium of technology companies, in crafting a detailed survey to examine the practical effects of Internet jurisdiction risks on companies worldwide (I served as the co-chair of the survey project).
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