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1 J. High Tech. L. 157 (2002)
Exploring Virtual Legal Presence: The Present and the Promise

handle is hein.journals/jhtl1 and id is 157 raw text is: Exploring Virtual Legal Presence: The Present and The Promise I. INTRODUCTION Virtual legal presence is a term with various shades of meanings in different industries but its essence remains constant; it is a new tool that enables some form of telecommunication in which the individual may substitute their physical presence with an alternate, typically, electronic presence. Considering its novelty, virtual presence is a difficult genre in terms of any substantial history whether it be legislative, editorial or otherwise. Therefore this paper will endeavor to develop a series of arguments concerning the usefulness and reliability of virtual presence as a tool for future online and otherwise electronic activities such as: e-commerce, learning, and politics, etc. This discussion will also present a survey of virtual legal presence: what it means presently, new industry developments, its problems and advantages, and lastly some speculations as to its future.' Virtual legal presence arguably will be one of the most important aspects of personal communication in the twenty-first century: the ability of people to conduct multiple everyday tasks, i.e., voting, marriage, arraignments, shareholder meetings, by being virtually or electronically present whether it be through the Internet, video, or other communications, perhaps even psychical one day. In any event, in 2002, the concept of virtual legal presence is gaining consumer confidence and expanding into an increasing number of industries. The Federal Government has taken notice and has created an E-Government initiative. States, such as California, have experimented with voting for elections online. More people are learning via teledistance courses and being healed via telemedicine devices. As technology advances, so will the sophistication of virtual presence leading into a new understanding of what it means to be present in any sense of the word.2 1. Some of the research for this paper I conducted for the MIT E-Commerce Architecture Project (ECAP) program, under the supervision of Daniel Greenwood, Esq. See http://ecitizen.nit.edu. 2. Virtual Presence is not new in any sense of the term, as it has existed for the greater portion of the twentieth century such as being present on the telephone, satellite communication and teleconferencing. In the new Internet age of the twenty-first century, a definitive framework of standardized definitions and guidelines are needed for the term virtual presence. People are virtually present for more activities today than they were five years ago. The following are some questions which society, the law and other entities need to answer and establish: 1) How do we establish virtual presence? 2) How do virtual presence laws fix problems? 3) How does the use of electronic methods cause problems or harm? 4) Is physical presence required? 5) Can physical presence be achieved via for virtual or absentee presence? (157) Copyright © 2002 Journal of High Technology Law. All Rights Reserved. ISSN 1536-7983

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