Prescriptive Jurisdiction over Internet Activity: The Need to Define and Establish the Boundaries of Cyberliberty
![handle is hein.journals/ijgls10 and id is 699 raw text is: Prescriptive Jurisdiction over Internet Activity:
The Need to Define and Establish
the Boundaries of Cyberliberty
SAMUEL F. MILLER*
INTRODUCTION
Globalization occurs at the nexus of politics, culture, technology, finance,
national security, and ecology.' Globalization refers to the increasingly com-
plex, dynamic legal and social processes occurring throughout the world.2 It is
the development of a global mindset that challenges the traditional political, so-
cial, and economic characteristics of nations and has led to the deterritorializa-
tion and reterritorialization of [vast] policy spaces.3 Many of the changes and
challenges attributed to globalization rely on the exchange of information
throughout the world, making the flow of ideas across national borders a key
agent of globalization.4 Due to the increasing availability of personal computers
and software, the Internet provides the ideal forum for information transfer.'
The Internet engenders the notion of distributed power: decentraliza-
tion, openness, possibility of expansion, no hierarchy, no center, no conditions
for authoritarian or monopoly control.6 The Internet has become vital to the
* B.A., 2000, Xavier University; J.D., 2003, Indiana University School of Law-Bloomington.
I would like to thank my parents, Shirley and Russell Miller, for their support and Professor
Hannah Buxbaum of the Indiana University School of Law-Bloomington for her advice and
guidance in the preparation of this note.
1. See generally THOMAS L. FRIEDMAN, THE LExUS AND THE OLIVE TREE 21 (1999).
2. See Alfred C. Aman, Jr., Introduction, I IND. J. GLOBAL LEGAL STUD. 1 (1993).
3. Aseem Prakash & Jeffrey A. Hart, Coping With Globalization: An Introduction, in COPING
WITH GLOBALIZATION 1, 3 (Aseem Prakash & Jeffrey A. Hart eds., 2000).
4. Id. at 3.
5. Flows of money, goods and people are accelerated by the various technologies in use, par-
ticularly those from within the telecommunications sector. BARRIE AXFORD, THE GLOBAL SYSTEM
109 (1995).
6. SASKIA SASSEN, GLOBALIZATION AND ITS DISCONTENTS 177 (1998).](ViewImageLocal?handle=hein.journals/ijgls10&div=30&collection=journals&method=preview&ext=.png&size=3)
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Prescriptive Jurisdiction over Internet Activity: The Need to Define and Establish the Boundaries of Cyberliberty
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