Introductory Note

The initial euphoria about the Internet as a space for free and equal communication of everybody with everyone else has been superseded by a more sober view. Like all other areas of human interaction, the Internet allows power structures and the inequalities that go along with them; it creates risks for other legal goods or legally protected interests and it is not immune against violations of fundamental principles of the social order or of human rights. Consequently, the emphasis has shifted from Internet freedom to Internet regulation. As is often the case when new phenomena emerge that require legal regulation, scholars as well as practitioners try to apply traditional theories or doctrinal figures to new problems. Although the Internet operates irrespectively of territorial borders, the regulatory power remains mainly in the hands of states and is thus integrated into national legal cultures and legal systems. This is why comparative studies are of particular importance in the field of Internet regulation.