The impact of ICT in classic setting law. Special reference to the principle of territoriality

• Main Authors: Víctor Almonacid Lamelas, Xavier Sancliment Casadejús
• Format: Article
• Language: English
• Published: Centro de Estudios Financieros 2016-05-01
• Series: Tecnología, Ciencia y Educación
• Subjects: ICT legislation; internet; territoriality; knowledge society; e-commerce; intellectual property; cybercrime
• Online Access: http://tecnologia-ciencia-educacion.com/index.php/TCE/article/view/76/74

The multiplicity of legislative powers established by the end of the last century (with international and european law) reached its highest level of complexity with the massification of the internet and the emergence of a new and necessary self-regulatory framework, probably something similar to a new «legislator» or «legislative power» consisting of the giants of the network. Does this mean that the existence of this new branch of law is, above all, the disappearance of physical space, colliding directly with the traditional principle of territoriality that characterized law as we have known it. Regarding the infinity of questions and issues, some legal and others which are very interesting indeed, have caused the arise of considerable concern. The main point is, first of all, to be aware of this new situation of «extraterritoriality», and thereafter meet the new legal or law effects of these new relationships. The debate on the need for international cyberlaw, or the immediate response to the new situations or amere confidence in this «self-regulated» system to some extent. It is an issue that can simply be raised and left open, although there is clearly a more judicious answer which can only a result of a clever combination of all solutions. In fact this area is not going to be covered in just one project, so we have focused on the relationships of private law –extracontractual and contractual–, and the impact of the problems related to intellectual property and criminal law. We try to prove that «ICT Law» is not a new area of law, but rather a new scenario where relations and legal effects are produced.