Skip to main content
Article
The New Territorialism in the Not-So-New Frontier of Cyberspace
Cornell Law Review (2014)
  • Juliet M Moringiello
  • William L. Reynolds
Abstract
This Essay addresses the following questions: What jurisdictions should govern cyberspace problems? Are cyberspace problems different from those in the tangible world? If so, what are the implications for governance? We conclude that the judicial response to cyberspace governance has been mostly correct. After some adaptation problems (an early learning curve), courts have generally followed common law analogs to cyberspace problems. In other words, those problems are not treated as unique unless there is something special about the internet that suggests different resolutions are needed. There certainly is nothing to suggest that American courts or legislatures are trying to occupy the field of cyberspace law.
Keywords
  • cyberspace,
  • governance,
  • cyberspace governance
Disciplines
Publication Date
2014
Citation Information
Juliet M Moringiello and William L. Reynolds. "The New Territorialism in the Not-So-New Frontier of Cyberspace" Cornell Law Review Vol. 99 Iss. 6 (2014) p. 1415 - 1440
Available at: http://works.bepress.com/juliet_moringiello/57/