ABSTRACT
This chapter provides a better understanding of just what is possible within the design parameters of 'cyberspace law'. It suggests a methodology by which any suggestion of 'regulation' of the Internet, and its impacts, could be analysed. There are various law-making processes that are highly relevant to the emerging 'landscape' of cyberspace law. These include applicable regulatory models, an understanding of how control is exerted within a networked environment, the effect of competition and the analogy of customary law. The interactive and dynamic nature of communicating in cyberspace is a characteristic which is very significant in terms of its impact on the creation and maintenance of cyber-relationships. In order to postulate on future cyberspace law, it is important to understand the structures of control – that is, the applicable regulatory models. Lawrence Lessig describes how behaviour is regulated by four types of constraints: direct law; social norms; the market; and 'code'.
