Law Commons^™

Towards A Theory Of Cyberplace: A Proposal For A New Legal Framework, Ronnie Cohen, Janine S. Hiller

Richmond Journal of Law & Technology

This article discusses whether the existing legal framework for property and places should apply to the electronic medium, or whether the uniqueness of the Internet requires a different characterization. The source of the right of the owner of an Internet site to legally control access to and use of the site and its content is the tort law of trespass and the law of contract. The sources of the right of users to freely access and use Internet content are the policies of free speech and public accommodation. Part I of this paper reviews the common law trespass theories that …