인터넷 규제와 관할

Abstract

Traditionally, international jurisdiction was based mainly in geographical terms. As far as the Internet regulation is concerned, three types of jurisdiction are relevant: prescriptive jurisdiction, adjudicative jurisdiction, and enforcement jurisdiction. Prescriptive jurisdiction refers to the power to apply legal norms to conduct. Adjudicative jurisdiction means the power of courts and tribunals to resolve disputes. Enforcement jurisdiction is the power of the jurisdiction to enforce. The Internet will be regulated through the three types of the Internet jurisdiction. Generally speaking, the Internet jurisdiction tends to become synonymous with the international jurisdiction on the Internet, which is a type of adjudicative jurisdiction. This Article will distinguish adjudicative jurisdiction from prescriptive jurisdiction and enforcement jurisdiction. In terms of the prescriptive jurisdiction, the Article will explore Yahoo case. Technology places more of a challenge on applying traditional jurisdiction to the Internet, than on being a tool in Internet regulation. Existing law can not control the Internet, an inherently technological environment. In spite of the problems associated with traditional jurisdiction as a means of regulating the Internet, the Internet should be regulated. In this regard, the traditional jurisdiction methods must be amended to account for the unique nature of the Internet.