Document Type

Article

Publication Date

2022

Abstract

Information technology law is a broad field of legal rules and practice relating to computers and digital networks. Sometimes referred to as computer law or cyberlaw, IT law does not represent a substantive body of law such as contracts or criminal law. In 1996, U.S. Seventh Circuit Court of Appeals Judge Frank H. Easterbrook memorably argued that there was no “computer law” in the same way that there was no “law of the horse.”

Recognition of IT law as a distinct field instead comes from an awareness that 1) the effects of information communication technologies (ICTs) are increasingly ubiquitous and important to our lives and 2) from a legal perspective, there are unique practical and conceptual problems implicated in these effects. Some of these challenges arise from the mechanical aspects of the technology, where correct application of the law requires specialized understanding of the mathematics, engineering, or physics of the hardware and software. Other challenges are more metaphysical — how the intangible, interconnected nature of ICTs raises novel questions of economics, individual rights, and jurisdiction.

The rapid rate at which new developments in ICTs can occur compounds these challenges. This column highlights some useful resources when working with IT law matters.

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Reproduced with permission.

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