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| 88 Calif. L. Rev. 395 | March, 2000 |
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Cyberspace Self-Governance: A Skeptical View from Liberal Democratic Theory |
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| The idea that cyberspace should be presumptively self-governing has resounded in thoughtful scholarship and has colored federal rhetoric and policy regarding electronic commerce. In this Article Professor Netanel critiques a central prong of the argument for cyberspace self-governance: the claim that a self-governing cyberspace, which its advocates see as a shining example of "bottom-up private ordering," would more fully realize liberal democratic ideals than does nation-state representative democracy. Although granting that this claim poses an intriguing challenge to traditional liberal democratic theory, Professor Netanel argues that it ultimately fails. He contends, indeed, that an untrammeled cyberspace would ultimately prove inimical to the ideals of liberal democracy. It would free majorities to trample upon minorities and serve as a breeding ground for invidious status discrimination, narrowcasting and mainstreaming content selection, systematic invasions of privacy, and gross inequalities in the distribution of basic requisites for citizenship in the information age. Accordingly, Professor Netanel concludes, selective government regulation of cyberspace is warranted to protect and promote liberal democratic ideals. | |
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Copyright
© 2000 by California Law Review, Inc. |
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