Cyberspace Law

[Teena Ruiter]

Cyberspaceis an interconnected digital environment. It is a type of virtual world popularized with the rise of the Internet.[1][2] The term entered popular culture from science fiction and the arts but is now used by technology strategists, security professionals, governments, military and industry leaders and entrepreneurs to describe the domain of the global technology environment, commonly defined as standing for the global network of interdependent information technology infrastructures, telecommunications networks and computer processing systems. Others consider cyberspace to be just a notional environment in which communication over computer networks occurs.[3] The word became popular in the 1990s when the use of the Internet, networking, and digital communication were all growing dramatically; the term cyberspace was able to represent the many new ideas and phenomena that were emerging.[4][5]As a social experience, individuals can interact, exchange ideas, share information, provide social support, conduct business, direct actions, create artistic media, play games, engage in political discussion, and so on, using this global network. Cyberspace users are sometimes referred to as cybernauts.

The term cyberspace has become a conventional means to describe anything associated with general computing, the Internet and the diverse Internet culture. The United States government recognizes the interconnected information technology and the interdependent network of information technology infrastructures operating across this medium as part of the US national critical infrastructure. Amongst individuals on cyberspace, there is believed to be a code of shared rules and ethics mutually beneficial for all to follow, referred to as cyberethics. Many view the right to privacy as most important to a functional code of cyberethics.[6] Such moral responsibilities go hand in hand when working online with global networks, specifically when opinions are involved with online social experiences.[7]

According to Chip Morningstar and F. Randall Farmer, cyberspace is defined more by the social interactions involved rather than its technical implementation.[8] In their view, the computational medium in cyberspace is an augmentation of the communication channel between real people; the core characteristic of cyberspace is that it offers an environment that consists of many participants with the ability to affect and influence each other. They derive this concept from the observation that people seek richness, complexity, and depth within a virtual world.

Atelier Cyberspace worked at a time when the Internet did not exist and computers were more or less off-limit to artists and creative engagement. In a 2015 interview with Scandinavian art magazine Kunstkritikk, Carsten Hoff recollects that although Atelier Cyberspace did try to implement computers, they had no interest in the virtual space as such:[9]

The works of Atelier Cyberspace were originally shown at a number of Copenhagen venues and have later been exhibited at The National Gallery of Denmark in Copenhagen as part of the exhibition "What's Happening?"[10]

The term "cyberspace" first appeared in fiction in the 1980s in the work of cyberpunk science fiction author William Gibson, first in his 1982 short story "Burning Chrome" and later in his 1984 novel Neuromancer.[11] In the next few years, the word became prominently identified with online computer networks. The portion of Neuromancer cited in this respect is usually the following:[12]

Cyberspace. A consensual hallucination experienced daily by billions of legitimate operators, in every nation, by children being taught mathematical concepts... A graphic representation of data abstracted from the banks of every computer in the human system. Unthinkable complexity. Lines of light ranged in the nonspace of the mind, clusters and constellations of data. Like city lights, receding.

All I knew about the word "cyberspace" when I coined it, was that it seemed like an effective buzzword. It seemed evocative and essentially meaningless. It was suggestive of something, but had no real semantic meaning, even for me, as I saw it emerge on the page.

Don Slater uses a metaphor to define cyberspace, describing the "sense of a social setting that exists purely within a space of representation and communication ... it exists entirely within a computer space, distributed across increasingly complex and fluid networks." The term "Cyberspace" started to become a de facto synonym for the Internet, and later the World Wide Web, during the 1990s, especially in academic circles[13] and activist communities. Author Bruce Sterling, who popularized this meaning,[14] credits John Perry Barlow as the first to use it to refer to "the present-day nexus of computer and telecommunications networks". Barlow describes it thus in his essay to announce the formation of the Electronic Frontier Foundation (note the spatial metaphor) in June 1990:[15]

In this silent world, all conversation is typed. To enter it, one forsakes both body and place and becomes a thing of words alone. You can see what your neighbors are saying (or recently said), but not what either they or their physical surroundings look like. Town meetings are continuous and discussions rage on everything from sexual kinks to depreciation schedules.Whether by one telephonic tendril or millions, they are all connected to one another. Collectively, they form what their inhabitants call the Net. It extends across that immense region of electron states, microwaves, magnetic fields, light pulses and thought which sci-fi writer William Gibson named Cyberspace.

Although the present-day, loose use of the term "cyberspace" no longer implies or suggests immersion in a virtual reality, current technology allows the integration of a number of capabilities (sensors, signals, connections, transmissions, processors, and controllers) sufficient to generate a virtual interactive experience that is accessible regardless of a geographic location. It is for these reasons cyberspace has been described as the ultimate tax haven.[16]

Although several definitions of cyberspace can be found both in scientific literature and in official governmental sources, there is no fully agreed official definition yet. According to F. D. Kramer there are 28 different definitions of the term cyberspace.[18][19]

Cyberspace is a global and dynamic domain (subject to constant change) characterized by the combined use of electrons and the electromagnetic spectrum, whose purpose is to create, store, modify, exchange, share, and extract, use, eliminate information and disrupt physical resources. Cyberspace includes: a) physical infrastructures and telecommunications devices that allow for the connection of technological and communication system networks, understood in the broadest sense (SCADA devices, smartphones/tablets, computers, servers, etc.); b) computer systems (see point a) and the related (sometimes embedded) software that guarantee the domain's basic operational functioning and connectivity; c) networks between computer systems; d) networks of networks that connect computer systems (the distinction between networks and networks of networks is mainly organizational); e) the access nodes of users and intermediaries routing nodes; f) constituent data (or resident data). Often, in common parlance (and sometimes in commercial language), networks of networks are called the Internet (with a lowercase i), while networks between computers are called intranet. Internet (with a capital I, in journalistic language sometimes called the Net) can be considered a part of the system a). A distinctive and constitutive feature of cyberspace is that no central entity exercises control over all the networks that make up this new domain.[20]Just as in the real world there is no world government, cyberspace lacks an institutionally predefined hierarchical center. To cyberspace, a domain without a hierarchical ordering principle, we can, therefore, extend the definition of international politics coined by Kenneth Waltz: as being "with no system of law enforceable." This does not mean that the dimension of power in cyberspace is absent, nor that power is dispersed and scattered into a thousand invisible streams, nor that it is evenly spread across myriad people and organizations, as some scholars had predicted. On the contrary, cyberspace is characterized by a precise structuring of hierarchies of power.[21]

The Joint Chiefs of Staff of the United States Department of Defense define cyberspace as one of five interdependent domains, the remaining four being land, air, maritime, and space.[22] See United States Cyber Command

While cyberspace should not be confused with the Internet, the term is often used to refer to objects and identities that exist largely within the communication network itself, so that a website, for example, might be metaphorically said to "exist in cyberspace".[23] According to this interpretation, events taking place on the Internet are not happening in the locations where participants or servers are physically located, but "in cyberspace". The philosopher Michel Foucault used the term heterotopias, to describe such spaces which are simultaneously physical and mental.

Firstly, cyberspace describes the flow of digital data through the network of interconnected computers: it is at once not "real", since one could not spatially locate it as a tangible object, and clearly "real" in its effects. There have been several attempts to create a concise model about how cyberspace works since it is not a physical thing that can be looked at.[24] Secondly, cyberspace is the site of computer-mediated communication (CMC), in which online relationships and alternative forms of online identity were enacted, raising important questions about the social psychology of Internet use, the relationship between "online" and "offline" forms of life and interaction, and the relationship between the "real" and the virtual. Cyberspace draws attention to remediation of culture through new media technologies: it is not just a communication tool but a social destination and is culturally significant in its own right. Finally, cyberspace can be seen as providing new opportunities to reshape society and culture through "hidden" identities, or it can be seen as borderless communication and culture.[25]

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