Gore, Gibson, and Goldsmith: The Evolution of Internet Metaphors in Law and Commentary

This paper addresses the evolution of metaphors for the Internet and shows how they have constrained and determined the development of cyberlaw. | Within the law, metaphors mold the framework of discourse, determining the scope of appropriate questions about and answers to various social and legal problems. Courts and commentators employ metaphors as heuristics to generate hypotheses about the application of law to novel, unexplored domains. Metaphors structure the way lawyers conceptualize legal events, as they infiltrate, consciously and unconsciously, legal discourse…. Three metaphors in particular will be examined: the information superhighway, cyberspace, and the Internet as “real” space. —Cohen and BlavinGore, Gibson, and Goldsmith: The Evolution of Internet Metaphors in Law and Commentary  (Harvard Journal of Law and Technology)

Looks like a good find, via Clancy on Kairosnews. The actual article is, unfortunately, a PDF document, so I’m blogging it until I can get to the office in a few days.