Online and Offline Equivalence: Aspiration and Achievement

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15 citations0/0 files storedInternational Journal of Law and Information Technology

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Digitalization, Law, and Regulation Legal Language and Interpretation Digital Transformation in Law

Abstract

A widely accepted principle of lawmaking is there should be equivalence between online and offline laws. The application of this principle requires the achievement of functional equivalence, irrespective of whether there is also formal equivalence of wording. However, there are complex barriers, deriving from the nature of the online technologies, to doing so successfully. In many instances the only way to achieve equivalence is via a fundamental reform of offline law. Ultimately, this process will leave little if any room for a separate law of cyberspace.

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2010Are social networking sites a source of online harassment for teens? Evidence from survey data 2006Should ICT Regulation Be Technology-Neutral?2007No Place Like Home for Making a Copy: Private Copying in European Copyright Law and Consumer Law 2006Starting Points for ICT Regulation; Deconstructing Prevalent Policy One-Liners

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2022THE NEW THINGS: PROPERTY RIGHTS IN DIGITAL FILES?2019Functional Equivalence: An Exploration Through Shortcomings to Solutions

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