On the lawyers world this topic generate big and unfinished discussions; no one have the correct response yet.
Law regulates human conduct in society; independently the Internet original philosophies, Information Society need regulation, norms, conduct codes, terms of use. Internet and Information Technologies open the door of the alternative and unknown world, big opportunities to have access to information, materials, electronic commerce, collaboration and communication.
Nevertheless the original use of Internet has changed dramatically; more than military or education proposals now Internet is an important part of our life. Artists, writers, designers, cookers, teachers, students, geeks, engineers, lawyers, doctors, architects, rockers, everybody has a space on the web also criminals.
On the real world the limit between dark side and light side is very skinny, it means the thin red line between being a criminal or not could increase on a digital word; reason? Too much people think Internet world is not regulated, is a free space where people can do things cannot do on the real world like meet people, have dates, have access to pornography or listen free music downloading it or not; and not ever being identified.
Few years ago, lawyers and governments have noticed this change, criminals acts are increased considerably, criminal kinds are changed so new rules applies to this new digital world must be created and enforced.
Personally I don’t believe in the existence of a new kind of law; I believe in adaptability of law, of course lawyers mind must change, persecution measures must change, survey methods must change, but law principles have survived until thousands years, comportment rules accepted by everybody in a logical interest to live in a peaceful environment, the common order.
Some laws must be adapted to work in this digital environment and protect their citizens; but laws creation process not follow the same velocity of the technical innovation development; lawyers we are every time one step (or several) later technology. If we wait creation of new laws to protect Internet users, too much people will be unprotected until years. Obviously new comportments, carriers, business will be born and maybe some special laws will be created; but we have not time to wait for.
In my personal opinion Cyber law doesn’t exist; is not a new kind of law, is a new way to conceptualize the law. People playing on the Internet are the same people working on the real world; Information Society is the new representation of a real society interested in a new kind of sharing information and knowledge.
The called Cyber law is composed by common rules of current law, we cannot limit cyber law or technological law only to special conducts because Internet means interaction and unlimited possibilities; why limited rules or create special criminal forms for this digital universe?.
At this time, many criminal acts, many legal transaction are happen; as lawyers and government we cannot wait new laws creation, depending of the system law it could take years.
The Mexican experiences about current laws applied on digital world are still growing up; is not easy for societies on development way, understand the importance to regulate conducts on Internet. Actually few people have access to these new tools, like Internet, Digital Education Tools, smart phones etc.
Judiciary team is not ready to aboard some criminal cases either. Government is very interested to capacitate their judges, public ministers and legislators in this new environment; changing their mind, proposing on line judgments, adapting their government webpages, enforcing e commerce, digital signature use, etc.
Some laws are adapted to work better; other laws are being discussed at the cameras, lawyers and teachers are interested to capacitate users, consumers and actors of this unknown or misunderstanding world. We are working on.
Cynthia Solís
M.D.I.T.
Cynthia Solís
M.D.I.T.