Cyberlaw Topics: Jurisdiction

This site contains information about jurisdiction issues related to the use of the Internet, including:

Overview of Jurisdiction Issues
Selected Cases
Selected Articles and Reports
Other Useful Links

Overview of Jurisdiction Issues

FindLaw: Cyberspace Law - Jurisdiction
FindLaw resources about Internet Jurisdiction. Contains summaries, articles, government documents and other useful links.

Internet Jurisdiction
Chicago-Kent College of Law website overview on issues concerning Internet Jurisdiction.

Law And Borders--The Rise of Law in Cyberspace
By D. Johnson and D. Post. Global computer-based communications cut across territorial borders, creating a new realm of human activity and undermining the feasibility--and legitimacy--of applying laws based on geographic boundaries.

Personal Jurisdiction and the Net: Does Your Website Subject You to the Laws of Every State in the Union?
By D. Hernandez and D. May. For a fee as little as $50 a month, businesses can have their own website and, potentially, reach a market of more than 25 million Internet users. However, publishing globally may expose a business to risks in other jurisdictions and countries that it did not expect or anticipate.

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Selected Cases

A Businessman soliciting a potential buyer by e-mail, sent through an intermediary in Kansas, constituted sufficient contact with the state for a Pennsylvania court to exercise personal jurisdiction over the businessman. See case.

FindLaw: Cyberspace Law - Jurisdiction Cases
FindLaw resources list of Internet Jurisdiction cases.

Personal Jurisdiction On the Internet
The following list of cases by the Cyberspace Law Institute discusses the propriety of a court's exercise of personal jurisdiction over defendants based upon the defendants' Internet activities.

A forum selection clause formed on an net service provider’s terms of use agreement was not unconscionable.
Novak v. Overture Service Inc., E.D.N.Y., No. CV 02-5164 (DRH) (WDW), 3/25/04

A Web site offering advertising and access to online casinos that made attempts to sell domain names to an Indian tribe in Connecticut had sufficient contacts with that state to support the exercise of jurisdiction.
The Mashantucket Pequot Tribe v. Redican, D. Conn., No. 3:02-cv-1828 (JCH), 3/18/04

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Selected Articles and Reports

Long Arm of the Law
Article by J. Rosenoer. Internet businesses are fast discovering that cyberspace is not a new dimension where the operation of law is somehow suspended on a worldwide basis. Not only are states moving to regulate Internet commerce, they are proving able to take and enforce jurisdiction over domestic and foreign businesses online.

Other Useful Links

Global Issues - Jurisdiction
Many issues surrounding Internet Jurisdiction are also related to Global Issues. Please refer to the BCCC pages about Global Issues to find additional information.

Intellectual Property Issues
Many issues surrounding Internet Jurisdiction are also related to Intellectual Property. Please refer to the BCCC pages about Intellectual Property to find additional information.

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