Future Design of Cyberspace Law-“Laws are Sand” (Mark Twain, The Gorky Incident)

Abstract

The rapidly changing technologies and the evanishing sovereignty concept make it necessary to turn to (soft) informal law which can develop in many different forms. An evolutionary approach should mainly encompass procedural models being better suited to comply with an uncertain future and allowing a reconciliation of conflicting interests. Key elements in this concept are governance, organization, and dispute settlement. Thereby, civil society must be adequately positioned through a multi-stakeholder approach to determine what social impacts should be caused by law.