The remainder of the paper presents a new architecture, combining law and technology, to deal with trespass in cyberspace. Section 8 establishes the goals to be realized by the proposal, and Section 9 defines the precise language of the conceptual terms to be used. Section 10 proposes a legal and technical architecture utilizing the concepts of entities, control, and containers to prevent and govern unauthorized access in cyberspace. In section 11, the merits of this regime are evaluated in terms of meeting the stated objectives as well as feasibility of implementation and acceptance. Finally, section 13 conjectures as to how the implementation of this architecture will influence the world in terms of technology, law, markets, and social norms.
2 Real Space Trespass
The right to exclude others has been described as the most fundamental and important right of property owners.[2] Because the right of exclusion "determines what men shall acquire. . . [and] determine[s] the mode of life of many," it involves de facto political sovereignty.[3] Thus, as one commentator has argued, property law should be treated with the same "considerations of social ethics and enlightened public policy which ought to be brought to the discussion of any just form of government."[4] This section will explore traditional trespass law from the vantage points of common law, statutes, and case law, focusing particularly on the common law actions of trespass and trespass to chattel.
2.1 Common Law Trespass Actions
Under traditional common law, several different trespass actions are available to remedy offenses to an owner's exclusive use of his property. These include conversion, continuing trespass, nuisance, trespass to land, and trespass to chattel. Conversions are defined as "those major interferences with chattel, or with the plaintiff's rights in it, which are so serious, and so