solman@MIT.EDU writes:
In cyberspace, the default condition is that there is no interaction. Communication requires agreement by both parties. During this agreement, the laws (contracts, whatever) that the two parties follow can be communicated by each party to the other, and if party A does not feel that party B's laws provide him with enough protection from B, he can refuse contact until B agrees (at least for the duration of the communication) to more constraining laws. The cost of such a transaction will likely be negligible in cyberspace.
The problem I have with this is that there is no such place as cyberspace. I am not in cyberspace now; I am in California. I am governed by the laws of California and the United States even though I am communicating with another person, whether by postal mail or electronic mail, by telephone or TCP/IP connection. What does it mean to speak of a govern- ment in cyberspace? It is the government in physical space I fear. Its agents carry physical guns which shoot real bullets. Until I am able to live in my computer and eat electrons, I don't see the relevance of cyberspace. Hal