Critical Study of Internet Technical Structure as an Instrument Governing Cyberspace

Critical Study of Internet Technical Structure as an Instrument Governing Cyberspace Abdollah Rajabi Nasrin Tarazi Abstract Cyberspace is a new era of human living and doesn't have any background in his long life. There are many disagreements among legal thinkers on recognition of legal rules for the cyberspace and its control through law or legal mechanisms. A group of lawyers belive on territoriality of cyberspace; but many of them presume regulation of internet and the legal relations arising from its function through international law and its mechanisms. The third category of legal experts articulate the nature of cyberspace is not conform with legal commands and lawmaking; so we must recognize its essence and respect for all customs and facts; among of these experts, some thinker interested for technical structure of internet and suppose that it plays role similar to law. Regarding these views, we think that the recognition of legal role of internet technical structure results to self-help system and anarchy and lead us to the time before civilization. Thus cyberspace requires legal rule and command; obviously, no satte can control this space lonely, with the exception of international cooperation of all states. Keywords Cyberspace, Jurisdiction, Private International Law, custom, technical structure of internet, legal self-help.