Proposal Title

SESSION 3.2: Where Is the Internet? Judicial Responses in British Columbia

Presentation Type

Individual paper

Location

IB 1015

Start Date

3-5-2019 3:15 PM

End Date

3-5-2019 4:45 PM

Abstract

The onset of the internet age spurred debate among legal scholars over how territorial principles might apply (if at all) to cyberspace. Could a Canadian be prosecuted in Germany for posting hate speech? What if a Canadian’s private information is stolen by a hacker in Japan? With little in the way of international internet governance agreements, courts have been left to wrestle with this problem on their own. My presentation uses defamation law to examine judicial responses in British Columbia. I argue that BC courts have treated the internet as a place with a dual geography: one overlapping with the geography of the real world, and one unique to cyberspace. This approach offers one model for thinking about how the internet works, and how its law might be reformed.

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May 3rd, 3:15 PM May 3rd, 4:45 PM

SESSION 3.2: Where Is the Internet? Judicial Responses in British Columbia

IB 1015

The onset of the internet age spurred debate among legal scholars over how territorial principles might apply (if at all) to cyberspace. Could a Canadian be prosecuted in Germany for posting hate speech? What if a Canadian’s private information is stolen by a hacker in Japan? With little in the way of international internet governance agreements, courts have been left to wrestle with this problem on their own. My presentation uses defamation law to examine judicial responses in British Columbia. I argue that BC courts have treated the internet as a place with a dual geography: one overlapping with the geography of the real world, and one unique to cyberspace. This approach offers one model for thinking about how the internet works, and how its law might be reformed.