It is observed that in recent judicial reviews, whenever implementation of existing laws of the real space to Cyber Space has encountered a conflict, the laws of the real space has prevailed.
This tendency in due course is likely to develop into a principle of "Primacy of Meta Space" and become the bedrock of Jurisprudence.
However, when two laws of the real space itself come to conflict in the Cyber Space, the principle of "Primacy of the Meta Space" fails. This is reflected mainly in IPR disputes and Jurisdiction disputes.
Instead of fighting legal battles that can only end in victories for the one who has more financial resources, it is necessary to accept that "Real World Laws Cannot be Extended for Every Conflict in Cyber Space".
We need "Cyber Space Thinking" to get into Cyber Law Making. Until proper Cyber Law "Of the Netizens, For the Netizens, and By the Netizens" takes shape Conflicts will abound and dissatisfaction in the community will grow.
This means that "Cyber Jurisprudence" has to evolve as a separate branch of Jurisprudence. Under this branch of Jurisprudence, the primacy of Meta Space is not absolute. "Cyber Space" and "Netizens" should have independent recognition and issues of the Cyber Society that come in conflict with the issues of the Meta Society must be resolved amicably through a negotiation between the representatives of the two societies.
To facilitate this, it is necessary to build a system of Cyber Democracy of the Netizens that can provide inputs to the Governance of Cyber Space.
This perhaps is the first step towards strengthening development of Cyber Jurisprudence.
Naavi
March 3, 2003
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