This publication takes up the question, how will traditional law-making be challenged in the circumstances of ever-accelerating “Moore’s law”. It seems that law-makers may have largely missed the nature of internet especially in the early phases of the development.
The slow process of law-making seems to lead to increasing application of “choice of law” –strategies, as legal environment is actively chosen by companies operating in the internet. These companies do not experience a necessity to adjust to geographical restraints. The development may also pull the European legal system into the direction of a “common law” –type of a system. It is anticipated that the legal system will change emphasis from law-based “ex ante” to court-based “ex post” legal control.