During the past decade, the rise of online communication has proven to be particularly fertile ground for academic exploration at the intersection of law and society. Scholars have considered how best to apply existing law to new technological problems but they also have returned to first principles, considering fundamental questions about what law is, how it is formed and its relation to cultural and technological change. This collection brings together many of these seminal works, which variously seek to interrogate assumptions about the nature of communication, knowledge, invention, information, sovereignty, identity and community. From the use of metaphor in legal opinions about the internet, to the challenges posed by globalization and deterritorialization, to the potential utility of online governance models, to debates about copyright, free expression and privacy, this collection offers an invaluable introduction to cutting-edge ideas about law and society in an online era. In addition, the introductory essay both situates this work within the trajectory of law and society scholarship and summarizes the major fault lines in ongoing policy debates about the regulation of online activity.
Contents: Series preface; Introduction; Part I Cyberspace and Intellectual Paradigms: How computers change the way we think, Sherry Turkle; Communications revolutions and legal culture: an elusive relationship, Richard J. Ross. Part II Cyberspace and Metaphor: Cyberspace as place and the tragedy of the digital anticommons, Dan Hunter. Part III Cyberspace and Globalization: Societal constitutionalism: alternatives to state-centred constitutional theory?, Gunther Teubner; Towards a cosmopolitan vision of conflict of laws: redefining governmental interests in a global era, Paul Schiff Berman. Part IV Cyberspace and Legal Realism: Foucault in cyberspace: surveillance, sovereignty and hardwired censors, James Boyle; Regulation by contract, regulation by machine, Margaret Jane Radin. Part V Cyberspace and Freedom of Expression: What things regulate speech: CDA 2.0 vs. filtering, Lawrence Lessig; Digital speech and democratic culture: a theory of freedom of expression for the information society, Jack M. Balkin. Part VI Cyberspace and Copyright: Copyright and control over new technologies of dissemination, Jane C. Ginsberg; Sharing and stealing, Jessica Litman. Part VII Cyberspace and Privacy: Examined lives: informational privacy and the subject as object, Julie E. Cohen. Part VIII Cyberspace, Identity, and Community I : Whose republic? Anupam Chander ; Cyber-race, Jerry Kang. Part IX Cyberspace, Identity and Community II: Virtual(ly) law: the emergence of law in LambdaMOO, Jennifer L. Mnookin; Virtual worlds as comparative law, James Grimmelmann; Name index.