Are courts re-inventing Internet regulation?. Issue 3 (2nd September 2017)

• Record Type: Journal Article
• Authors: Callamard, Agnes
• Is Part Of: International review of law, computers & technology. Volume 31:Issue 3(2017)
• Page Start: 323
• Page End: 339
• Publication Date: 2017-09-02
• Subjects: Law -- Internet regulation -- technology -- freedom of expression; Computers -- Law and legislation -- Periodicals; Technology and law -- Periodicals; Information storage and retrieval systems -- Law -- Periodicals; Law -- Computer network resources -- Periodicals; 343.0999
• DOI: 10.1080/13600869.2017.1304603
• Languages: English
• ISSNs: 1360-0869

Abstract

ABSTRACT: The article reviews the evolution and key dimensions of the jurisprudence around the world as it relates to the Internet regulation and governance. It argues that while the judicial sector played a fairly marginal role as far as on-line issues were concerned in the first two decades of the Internet development, judicial rulings have now emerged as one of the main forces shaping on-line freedom of expression and information and the Internet governance. The article reviews a number of decisions from Europe and Latin America to demonstrate that judicial ruling are challenging some of the Internet's founding principles and values. They have become highly influential, not just as interpreters of the law (the tribunals' traditional function) but as shapers or transformers of the Internet norms and values. This evolution has become particularly clear over the last three to five years, demonstrating the increasing confidence of judges and Tribunals in challenging engineers, users, corporations, or indeed governments and possibly establishing different norms as far as the cyberspace is concerned.