Numerous areas related to Internet law remain unaddressed, which poses various challenges on establishing clear and ambiguous statements concerning what comprises lawful and unlawful acts and behavior online. Three major Internet traits pose challenges in the capacity for courts and lawmakers in deploying matters related to criminal activities, privacy, free speech, trademark and copyrights among others activities online. These comprise its speed, lack of physical/geographical/geopolitical boundaries, and capability of contributors in remaining anonymous. These traits offer the Internet most of its power as an innovation and communication medium (Raccine, 2018). As such, numerous questions and issues prevail regarding Internet laws that the framers of the constitution would not have foreseen.
The major legal issues that Constitution framers would not have foreseen is one attributed to privacy and data security. Theoretically, it is presently possible to hack any device having Internet connection. However, does not serve as an instant cause for alarm mostly because cybercriminals usually target systems of collecting payments and broader computer networks. Nevertheless, the speed through which the gadgets are accessing the Internet and absence of significantly effective security protocols subject the devices to privacy and data security issues. In addition, the data collection issue would not have been probable to foresee. In most Western countries, CCTV cameras track the moves of almost every individual in public environments. Most individuals lack understanding of the interconnectedness of these cameras. They have the capacity of tracking any person from a solitary control establishment, while it is possible to access them via Internet-connected gadgets. With the growing number of persons utilizing Internet, their physical interactions become digitized to an extent that individuals end up being tracked by other parties, such as advertisers and retailers among other parties without knowing. As such, they end up limiting people’s rights to privacy (Raccine, 2018) . Furthermore, the Constitution framers would not have managed to foresee the copyright issue the Internet brings. The Internet has made it possible for devices to operate in harmony while linked to various networks. Copyright law would experience challenges to impede the interoperability that exists between gadgets. The reason for this is that for machines to interact, they usually reproduce, exchange, as well as distribute codes with each other. This creates problems for code owners since they are incapable of stopping the interactions between computers from occurring (Raccine, 2018) . As such, the legal issues surrounding the Internet would not have been possible for the framers of the constitution to foresee, while they still create challenges to address in the present environment.
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On the issue of regulation, technology has grown to an extent that it has outpaced the capacity of the government to police it. For instance, encryption is utilized broadly on the Internet. With encryption, data conversion to codes hinders unauthorized access. It plays a crucial role ensuring secure communications, while it is increasingly vital for commercial communications, which pass over the Internet. Email messages between individuals seem private, although they are similar to sealed letters or postcards when not encrypted. Additionally, controlling the Internet poses challenges since it does not have centralized control. The Internet emerged while not having centralized control after the Pentagon initiated the idea by developing a network that would not feature any failure point in the event of a nuclear attack. Presently, the Internet has grown to over 60,000 networks, while its decentralized state lacks peak bodies covering provider groups or users. These lead the idea of regulating content to be almost impossible in today’s international networks. Furthermore, the global state of the Internet means local, state, and national boundaries are irrelevant when it comes to cross-jurisdictional societies, hence posing enforcement challenges. The Internet also offers room for anonymity in that individuals can impersonate others easily by hacking their accounts (Roberts, 2018) . In this vein, it becomes apparent that technology has advanced in a manner that has outpaced the government’s capacity to regulate it.
References
Raccine, S. (2018). Legal issues and the Internet. Off the Page Creations. Retrieved from https://www.offthepagecreations.com/legal-issues/
Roberts, H. (2018). Can the Internet be regulated? Parliament of Australia. Retrieved from https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/RP9596/96rp35#WHY
