Table of Contents

Transnational Culture in the Internet Age

Transnational Culture in the Internet Age

Elgar Law, Technology and Society series

Edited by Sean A. Pager and Adam Candeub

The insightful contributions shed new light on insufficiently examined issues and highlight connections that cut across the many different domains in which such regulations operate. Building upon the framework presented by David Post – one of the first and most prominent scholars of cyber law and a contributor to this volume – the authors address the implications and economics of the Internet’s astronomical scale, jurisdiction and enforcement of the web as it relates to topics including libel tourism and threats to free speech, and the power of global communication to dissolve and recreate identities.

Chapter 1: The Challenge(s) of Cyberlaw

David G. Post

Subjects: innovation and technology, technology and ict, law - academic, intellectual property law, international economic law, trade law, internet and technology law, politics and public policy, public policy


1 David G. Post 1.1 INTRODUCTION Many years ago, when I was a practicing physical anthropologist, I spent a couple of years watching and studying a group of yellow baboons in the Amboseli National Park in Kenya. My research was focused on the baboons’ feeding and ranging behavior: what they ate, where they went to find the right food, how they decided to go one place rather than another, how they knew which food was “right” and which “wrong,” and, ultimately, whether there was any demonstrable relationship between the various things they ate and their survival and reproduction. I was very fortunate to be taken by a group of scientists from the University of Chicago who had, several years before, set up a research station in the park, one that they were hoping (successfully, as it turned out) to continue to operate for purposes of long-term study of this baboon population. Very wet behind the ears, I went to join them for my first summer in the field, and one of them, a fellow by the name of Glenn Hausfater, was assigned the task of orienting me, of helping me get my bearings in a new and very strange environment. I ended up spending the first three or four weeks that I was there just following Glenn around as he did his work. Glenn was studying “dominance” relationships – basically, who had sex with whom, when, how often, and how that did, or did not, reflect other social relationships (including family...

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