Online and offline equivalence: Aspiration and achievement

Abstract

A widely accepted principle of lawmaking is there should be equivalence between online and offline laws. The application of this principle requires the achievement of functional equivalence, irrespective of whether there is also formal equivalence of wording. However, there are complex barriers, deriving from the nature of the online technologies, to doing so successfully. In many instances the only way to achieve equivalence is via a fundamental reform of offline law. Ultimately, this process will leave little if any room for a separate law of cyberspace. © Oxford University Press 2010.