THE PHYSICAL NATURE OF THE NETWORK SPACE AND LAW: SOME METHODOLOGICAL PROBLEMS

Abstract

In modern legal science, few studies are devoted to the issues of the legal nature of technical and physical phenomena that make up an encoded signal transmitted in the form of a file and containing a certain number of bits of information. At the same time, a set of questions relating to the legal nature of the information flow in its technical and physical sense and the legal nature of the transmitted signal from the emitter to the receiver remains unexplored. A closer look also reveals that the signal transmitted on the Internet by broadcasters is not unambiguous in terms of copyright law and principles. This, in turn, makes the issue of legal protection of the signal broadcast on the Internet topical. The paper suggests that the Web, the World Wide Web, is a continuous interaction of the physical (electrical) and information beginnings. Furthermore, physically the electric signal is transmitted in a coded form and has logically organized information content. This binary nature of the signal transmitted from source to consumer has not been properly described in legal studies. The purpose of the work is to study current trends in understanding the legal nature of the encoded electrical signal, transmitted in the network space by the relevant source and accepted by the consumer. The methods used in the research are of two types: firstly, this is a formal legal method associated with understanding and interpreting legal norms, clarifying the current situation in the legal regulation of the Internet space; secondly, the methods of analysis and synthesis, implying a consistent disclosure of the technical, social and cultural nature of the Internet space. The results of the study reveal the dual nature of the signal, which is a means of transmitting information on the information network. The nature of the signal (energy) has a coded form, which makes it possible to receive the information transmitted by the signal source. The legal regulation of the transmission and reception of such signals requires substantial additions.