Establishing cyberspace norms using bright internet principles: In the case of the Korean legal system

Abstract

Ths study aims to investigate why the internet began to be regulated and why companies andusers oppose government regulation. We also study cyberspace norms and suggest solutiom by analyzing the bright internet principles. This study derives the normative value from the beginning of the internet and the intentions of its designer. And we analyze the relation between technology and norm and suggest the necessity of the bright internet principles to reduce the risks faced in cyberspace because of new technologies. Subsequently, we derive the legal nature of the bright internet principles and introduce legal measures to realize the principles by analyzing the legal system of Korea. Norms make up the social order through stability and predctability. However, all information and phenomena are interconnected, cyberspace has become more difficult to predict and various dysfunctions have been occurring. How should the norms be addressed to solve these problems? First the norms should be able to comprehemively cope with cyberspace because the cyberspace can give rise to complicated social phenomena. Second the person who caused the risk must be responsible. Thrd in cyberspace, communication and action are carried out without any concept of border; therefore, international principles need to be established through mutual agreement. The bright internet principles best take cares of these aspects. The role of law is cmcial because these principles have a legal nature. The legal system about the internet in Korea should be able to respond from a global perspective, establish international governance that can promote domestic legislation of many countries and raise the autonomy of citizem. Finally, we briefly mention that it would be possible to enact a framework (tentatively) named ''framework act on the internet users. In addtion, the internet user policy committee could be formed to encourage citizens to paJticipate voluntarily. © Medwell Journals, 2017.