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Like It or Not, Cyberspace Still Part of the Real World.


SOME people like to think of cyberspace as an actual place, complete with its own code of conduct and free from the limitations that apply anywhere else.

Me, I cringe cringe  
intr.v. cringed, cring·ing, cring·es
1. To shrink back, as in fear; cower.

2. To behave in a servile way; fawn.

n.
An act or instance of cringing.
 at the word "cyberspace." The Internet is a computer network, not some alternate dimension. And the people and computers it links are very much a part of the ordinary world and all its ordinary rules.

Keep this in mind when considering the online equivalents of two basic American concepts: free speech and taxation. Although the Revolutionary War was fought over those very issues, many Americans seem to feel that the rules that stem from those battles can be undone by merely flipping on their PC and dialing a modem.

Let's start with speech. Federal courts have done a nice job reminding Congress that e-mail, Web sites and other forms of online speech deserve just as much First Amendment protection as anything the founding fathers might have put down with a quill and scroll Quill and Scroll is an international high school journalism honor society that recognizes and encourages both individual and group achievements in scholastic journalism. According to the Quill and Scroll website, over 14,104 high schools in all 50 U.S. . But they've sent mixed signals about speech posted anonymously, suggesting to civil libertarians and others that Web surfers should enjoy some special right to speak without being seen.

People who post flaming criticisms in chat rooms often are surprised to learn that their targets can ferret out their identity by serving a subpoena subpoena (səpē`nə) [Lat.,=under penalty], in law, an order to a witness to appear before a court. A subpoena ad testificandum [Lat.  on their chat room host or Internet service provider Internet service provider (ISP)

Company that provides Internet connections and services to individuals and organizations. For a monthly fee, ISPs provide computer users with a connection to their site (see data transmission), as well as a log-in name and password.
. Companies stung by online criticism often use this technique to quiet their critics, eliciting protests from the Electronic Frontier Foundation See EFF.

(body) Electronic Frontier Foundation - (EFF) A group established to address social and legal issues arising from the impact on society of the increasingly pervasive use of computers as a means of communication and information distribution.
, the American Civil Liberties Union American Civil Liberties Union (ACLU), nonpartisan organization devoted to the preservation and extension of the basic rights set forth in the U.S. Constitution.  and other public interest groups.

But these groups would be better off warning Web surfers that offline rules of slander slander: see libel and slander.
Slander
See also Gossip.

Slaughter (See MASSACRE.)

Basile

calumniating, niggardly bigot. [Fr. Lit.
 and libel apply on the Internet as well. People post damaging untruths in chat rooms far more frequently than companies file frivolous lawsuits. And while the Supreme Court has protected individuals' right to speak anonymously, companies like Yahoo or America Online See AOL.  aren't obligated ob·li·gate  
tr.v. ob·li·gat·ed, ob·li·gat·ing, ob·li·gates
1. To bind, compel, or constrain by a social, legal, or moral tie. See Synonyms at force.

2. To cause to be grateful or indebted; oblige.
 to provide anyone with a forum for doing so.

Companies that choose to fight for their users' anonymity will likely be rewarded with increased business from a grateful online community. But Net users should realize that such protection is a perk and not some online amendment to the Bill of Rights.

Taxing issues

Internet businesses, meanwhile, seem to think they have a right to compensation without taxation. The impression stems in part from a federal law that has imposed a moratorium on new Internet-related taxes. That moratorium is set to expire in October, though some members of Congress are trying to extend it indefinitely.

But the real problem isn't the lack of new taxes but the inability of state and local officials to collect an old one -- sales tax sales tax, levy on the sale of goods or services, generally calculated as a percentage of the selling price, and sometimes called a purchase tax. It is usually collected in the form of an extra charge by the retailer, who remits the tax to the government. .

The Supreme Court has ruled that states can't force out-of-state businesses to collect sales tax on their behalf. That loophole allows online shoppers to check out of most online stores without paying the tax they'd owe for buying the very same items in their hometown.

Online retailers protest that they couldn't possibly comply with thousands of state and local taxes. But some online businesses are already doing it, and local authorities have offered to simplify their tax codes in hopes that holdouts like Amazon.com will start asking customers to collect them. They're willing to go this far because without the tax revenues they're losing to online stores, they'll have an even harder time paying for schools and roads needed to educate future online shoppers and carry them to work.

It seems silly to argue that one store shouldn't have to collect the same tax as a similar shop next door. But online stores think they deserve diplomatic immunity A principle of International Law that provides foreign diplomats with protection from legal action in the country in which they work.

Established in large part by the Vienna conventions, diplomatic immunity is granted to individuals depending on their rank and the
 simply because they've got a ".com" painted on the front window. Congress can ban new taxes on Internet service, but it ought to do something to make sure governments can collect the ones that already exist.

E-commerce lobbyists will complain that sales tax will drive even more dot-coms into bankruptcy, and maybe they're right. But that's just one risk of doing business in the real world. And online businesses, despite what they might think, have been there all along.
COPYRIGHT 2001 CBJ, L.P.
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2001, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Article Details
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Title Annotation:online services have no right to exempt themselves from laws that apply to everyone
Comment:Like It or Not, Cyberspace Still Part of the Real World.(online services have no right to exempt themselves from laws that apply to everyone)
Author:SALKOWSKI, JOE
Publication:Los Angeles Business Journal
Article Type:Brief Article
Geographic Code:1USA
Date:Apr 30, 2001
Words:680
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