Legal Aspects of Electronic Governance of the Internet
Dr. Alyamamah Khudair Al-Harbi
Assistant Professor – Private Law – Kuwait International Law School
This study deals with the electronic governance of the Internet as a contemporary legal topic, both in a theoretical as well as applied manner. The theoretical study presents the features and characteristics of this system, which can be applied to any network in the world considering the universality of the network. The electronic governance of the Internet is a mechanism for controlling the network and organizing it. However, it is not initiated by the state and it is based on an ideology unlike traditional ideology upon which the central administrative control of the state is based, after the latter has failed to deal with the problems of the Internet and its electronic content.
The system interconnects the control, regulation and technology side, with varying controllers and control objectives. The methods used to achieve these objectives depend mainly on the technological controls integrated into the network. This study explains the principles that should be understood by anyone who examines Internet governance for any purpose, and which can be applied to any legal system in different political, economic or social circumstances surrounding it.
The study provides an appropriate input for those interested in this branch of legal studies as referred to by the most important studies, researches and jurisprudence related to Internet and modern technology in the United States and Europe. In its practical aspect, the study deals with the basic mechanism of electronic governance that is identifying the responsibility of the service provider. Therefore, the study presents comparative trends in this regard, and analyzes the position of the Kuwaiti legislator in particular in order to evaluate the solutions taken from the perspective of governance.
Keywords: Internet, governance, electronic governance, electronic content, technological controls.