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1. Introduction

Some of the key elements of an emerging law of cyberspace are the following:

(i) Developing the legal framework for encryption-based technologies

(ii) Distributing liabilities fairly among ISPs and others

(iii) Defining rules for access, not reproduction

(iv) Accepting limits of national laws, and finding roles for international agreements

This paper concentrates on the liabilities of internet service providers, but touches on the other elements during its course.

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