Abstract

If you're not a cyberspace maven, but mill around a bit among those who talk about this cyberspace stuff-if you surf, as it is said, the information superhighway-there are two questions that you might ask about how this new space will get regulated. The first question goes roughly like this: Should this new space, cyberspace, be regulated by analogy to the regulation of other space, not quite cyber, or should we give up analogy and start anew?' In Bruce Ackerman's terms, should we muddle into this new space as ordinary observers, just applying our old ways of thinking, or should we enter this world as scientific policymakers, armed with a comprehensive view, structuring the environment of this world to fit with this comprehensive view?2 The second question follows the first: Is cyberspace really anything new? Is there really a form of life here that we haven't known before, or is cyberspace just an electronic version of ordinary space, where the electronics might add something, but not really very much?

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