Assessing the Potential Involutionary Effects of New Copyright Laws: A Techno-legal Analysis Based on the Impact of Web 3.0 on Copyright Protection

Abstract

As Internet technology evolves, legal professionals and academics must stay current and adapt to these inevitable technological changes. This article investigates the extensive influence of the latest version of the World Wide Web (the Web)—Web 3.0—on copyright laws based on a techno-legal analysis that considers the opportunities and challenges of this new technology. The principal version of copyright laws, the Digital Millennium Copyright Act (DMCA), was enacted in 1998 during the Web 1.0 era, signifying an impending need for appropriate updates in the new Web 3.0 era. This article traces the historical development of U.S. copyright laws by positing it has undergone three phases: illegalization, institutionalization, and criminalization. The article then explores the possible development of new legal frameworks to address the unique challenges of Web 3.0 and the formulation of novel technical solutions in the new phase of decentralization. The article also assesses the possible involutionary effects of new copyright laws that can detrimentally impact privacy, freedom of speech, and fair competition on the Internet. Finally, this article provides recommendations for establishing new copyright laws’ parameters in the forthcoming decentralization phase.