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Ownership Of The Internet

By Jonathan Bick
November 01, 2005

In commerce, as we Americans are more or less reminded on our paper currency, transactions are divided into two domains: Those that are government-controlled, and those that are privately controlled. Depending on the type of transaction that is involved between parties, different constitutional rights are applicable.

That said and established, let's consider that growing alchemy of the ether realm that mixes expression and the maintenance and control of the Internet. In particular, if the Internet is nongovernmental, then it may generate terms-of-use agreements to prohibit political speech. But if the Internet is governmentally controlled, then Internet users have a First Amendment right to use it for public speech.

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