Jurisdiction and the internet

by Brian F. Fitzgerald

Publisher: Lawbook Co. in Pyrmont, N.S.W

Written in English
Published: Pages: 169 Downloads: 835
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Places:

  • Australia.,
  • Australia

Subjects:

  • Internet -- Law and legislation -- Australia.,
  • Electronic commerce -- Law and legislation -- Australia,
  • Transborder data flow -- Law and legislation.,
  • Jurisdiction.

Edition Notes

Includes bibliographical references and index.

Statementby Brian Fitzgerald, Gaye Middleton, Anne Fitzgerald.
SeriesE-commerce: the implications for the law ;, 8
ContributionsFitzgerald, Anne, 1955-, Middleton, Gaye.
Classifications
LC ClassificationsKU80.C65 F575 2004
The Physical Object
Paginationxxiii, 169 p. ;
Number of Pages169
ID Numbers
Open LibraryOL3357784M
ISBN 100455219877
LC Control Number2004401383

Internet jurisdiction and choice of law: Legal practices in the EU, US and China Faye Fangfei Wang The adoption of electronic commercial transactions has facilitated cross-border trade and business, but the complexity of determining the place of business and other connecting factors in cyberspace has challenged existing private international law. individuals falling within their jurisdiction,10 even if these individuals find themselves outside their territory 2. Forms of jurisdiction: prescriptive, enforcement, adjudicatory, and functional In the law of jurisdiction, most attention has been devoted to ‘prescriptive’ or ‘legislative’ jurisdiction. "Internet Jurisdiction and Choice of Law: Legal Practices in the EU, US and China takes a "solutions to obstacles" approach, examines the existing jurisdiction and choice of law rules and proposes the interpretation of those rules to the digital age. Issues of jurisdiction are important to online traders, not least because of the transnational character of many internet contracts. Private international law (also known as conflict of laws) is the legal subject concerned with jurisdictional questions – i.e. questions of where court proceedings may be brought. Private international law is international inasmuch as it is.

  With the explosion of Internet and domain names, various disputes have occurred relating to many cyber-crimes and infringement of Trademark laws over domain names[1], and in order to seek justice before the Court of Law, dispute regarding jurisdiction arise owing to Internet having a multi-jurisdictional character. The issue of jurisdiction has been the most debated and . INTERNATIONAL JURISDICTION AND THE INTERNET was the case in Yahoo! and Toben, France’s and Germany’s legislative jurisdiction is far more controversial. One increasingly prevalent limitation on legislative jurisdiction within the United States’s federal system is the dormant commerce Size: KB. The Internet simply is an arena within which basic conflict of laws questions have to be addressed all over again. Three types of jurisdiction. Jurisdiction defines the legitimate scope of governmental power. Three kinds of governmental power give .   The rules for Internet-based jurisdiction are still being spelled out by U.S. courts. The general rule emerging is that operation of an active Web site, where one actually transacts business through the Web site, is sufficient to confer “general jurisdiction” over the site’s owner; that is, to subject the site’s owner to all lawsuits of.

  Internet jurisdiction is used to determine which legal authority may hear a case, between a defendant and plaintiff, in which the potential crime was committed on the lly, when a plaintiff, or the individual who initiates a lawsuit, wishes to accuse someone of a crime, he appeals to the legal authority, or court, given jurisdiction over the . An Internet business can also be subject to jurisdiction for purposefully causing an injury in the state. If someone uses the Internet to cause an injury in one state, the person causing the damage may be hauled into court in the state where the injury occurred. This was applied to the case of the Russian programmer sued by the publishers of e-book (Adobe). While attending a convention in Nevada, he was served with a notice and was subsequently arrested. Causing an injury within the State. An Internet business can also be subject to jurisdiction for purposefully causing an injury in another state.   Jurisdiction is the right and power to interpret and apply the law by a Court in a particular geographic location. Jurisdiction can be obtained by transacting business in a state. What is transacting business? The act of buying, selling, or offering to sell something is enough to be considered transacting business and to convey jurisdiction.

Jurisdiction and the internet by Brian F. Fitzgerald Download PDF EPUB FB2

The authors enthusiasm for this subject is clear. Each chapter is a loving analysis with compelling arguments for change. Jurisdiction and the Internet is well written and provides an engaging account of the law.

Jurisdiction and the Internet is a unique look at the important issue of jurisdiction and its application to the by: The Internet is an interstate and international medium. But does operating a Web Site mean that the operator is subject to personal jurisdiction in courts wherever the Site is accessible.

The answer obviously is no. This outline describes the types of activity that likely will permit a court to exercise personal jurisdiction over an Internet. character of the Internet. SinceInternet & Jurisdiction has engaged more than key entities from different stakeholder groups around the world: states, Internet platforms, technical operators, civil society, academia, and international organizations.

Internet & Jurisdiction helps catalyze the development. It places Internet jurisdiction in a broader context and outlines methods for how to properly understand and work with rules of Internet jurisdiction. While Solving the Internet Jurisdiction Puzzle paints a clear picture of the concerns involved and the problems that needs to be overcome, this book is distinctly aimed at finding practical Cited by: 4.

Jurisdiction and the Internet: Regulatory Competence over Online Activity - Kindle edition by Kohl, Uta. Download it once and read it on your Kindle device, PC, phones or tablets. Use features like bookmarks, note taking and highlighting while reading Jurisdiction and the Internet: Regulatory Competence over Online by: COVID Resources.

Reliable information about the coronavirus (COVID) is available from the World Health Organization (current situation, international travel).Numerous and frequently-updated resource results are available from this ’s WebJunction has pulled together information and resources to assist library staff as they consider how to handle.

Jurisdiction and the Internet - by Uta Kohl October This is largely speculative, however, because international Internet jurisdiction cases have thus far been rare, and nations have not hesitated to pass laws conferring global jurisdiction for Internet activities.

III. Application of the "effects" test to the Internet A. in the United States. Internet jurisdiction has emerged as one of the greatest and most urgent challenges online; affecting areas as diverse as e-commerce, data privacy, law enforcement, content take-downs, cloud computing, e-health, cyber security, intellectual property, freedom of speech, and cyberwar.

In this innovative book, Professor Svantesson presents a vision for a new approach to Internet. The court resolved that personal jurisdiction is directly proportionate to the nature and quality of a defendant’s online commercial activity.

As all websites are inherently different in purpose and approach, the Zippo sliding scale was born and for quite some time remained the dominant test for Internet jurisdiction. Internet jurisdiction has emerged as one of the greatest and most urgent challenges online, severely affecting areas as diverse as e-commerce, data privacy, law enforcement, content take-downs, cloud computing, e-health, Cyber security, intellectual property, freedom of speech, and Cyberwar.

In this innovative book, Professor Svantesson presents a vision for a new. The adoption of electronic commercial transactions has facilitated cross-border trade and business, but the complexity of determining the place of business and other connecting factors in cyberspace has challenged existing private international law.

This comparison of the rules of internet jurisdiction and choice of law as well as online dispute resolution (ODR) 5/5(1).

For, of course, if the internet is subject to the conflicting laws of every jurisdiction on the planet, everywhere on the planet, then either we can’t do anything on it or we’ll have no law. * This article constitutes section 1 of chapter 2 of the author's book, jurisdiction and judgments: A Comparative Study, to be published for the Parker School of Foreign and Comparative Law of Columbia University by Oceana Publications, Inc.

Prescriptive jurisdiction. This is simply the assertion, however theoretical, as to the reach of a local law. If the UK had passed a law making it illegal for UK citizens to read the banned book Spycatcher when visiting the USA, that would be an assertion of prescriptive jurisdiction.

Another example is when a court makes an order requiring something to be done (or not done) in a. JURISDICTION AND THE INTERNET: RETURNING TO TRADITIONAL PRINCIPLES TO ANALYZE NETWORK-MEDIATED CONTACTS† A. Benjamin Spencer* Courts have been evaluating the issue of personal jurisdiction based on Internet or “network-mediated” contacts for some time.

The U.S. Supreme Court has remained silent on this issue, permitting. Personal jurisdiction in Internet cases refers to a growing set of judicial precedents in American courts where personal jurisdiction has been asserted upon defendants based solely on their Internet activities.

Personal jurisdiction in American civil procedure law is premised on the notion that a defendant should not be subject to the decisions of a foreign or out of state court. The term "jurisdiction" has various definitions in law, but for our purposes here we can say it is the power of some legal body to exercise its authority over a person or subject matter or territory.

In the Internet today, it is territory that gives rise to many major issues. As in real estate, what matters in jurisdiction is "location, location, location". Change in the Age of the Internet – Why the Ground Rules Are Still Valid’ () 7 IJLIT and ‘Eggs, Jurisdiction and the Internet’ () 51 ICLQand Chapter 4 builds on some of my previous writing on online defamation; see the bibliography.) An abbreviated version of the main arguments made in this book is provided in.

Most fundamentally, the issue of jurisdiction on the internet collapses into a simple, yet profound, question: What ought to be the extent of a sovereign's authority over the internet.

As we have seen, some argue that the internet should exist as its own international space, entirely free from local regulation. The Internet & Jurisdiction Policy Network, also known as "I&J Policy Network", "Internet & Jurisdiction, or simply "I&J", is a multistakeholder organization addressing the tension between the cross-border Internet and national jurisdictions.

Its Secretariat facilitates a global policy process between key stakeholders to enable transnational cooperation and policy arters: Paris, France. This book considers the threarts to free speech and online commerce posed by international goverment attempting to impose such territorial statutes and standards within cyberspace.

Excerpt The title of the book poses an interesting question, but makes the assumption that the Internet is “ruled” in the classical sense of the word.

The Internet and Personal Jurisdiction by Michael Lampert A Ithough,as one court has noted, “attempting to apply establishe dlaw in the fast developing world of the Internet is somewhat like trying to board a moving bus,” those who don’t will be left behind and miss the party.’ The recent popularity of the Internet has created a.

3 The Territoriality Principle. Historical Growth of the Territoriality Principle in Continental Europe (a) Ancient times: personality prevailing over territoriality (b) Rome (c) Medieval Italy (d) Rise of territoriality in the seventeenth century. 1 France; 2 Germany; 3 Holland (e) Extraterritoriality under unequal treatiesAuthor: Cedric Ryngaert.

Personal Jurisdiction on the Internet--David G. Post, Dawn C. Nunziato, Cyberspace Law Institute; Jurisdiction Online--links to articles on jurisdiction and cyberspace and a searchable database for state and federal court cases.

Jurisdiction on the Internet by John DeAngelis and Melissa Dewey--cases, issues, and links. The term jurisdiction can be best understood by being compared to "power." Any court possesses jurisdiction over matters only to the extent granted to it by the Constitution, and/or legislation of the sovereignty on behalf of which it functions (ex: a state court in Mississippi may need statutory permission by the Mississippi legislature to.

Establishing Jurisdiction Over Internet Companies by David Klein Leave a Comment The Supreme Court of Nebraska recently joined an increasing rank of courts across the country that require more than the simple operation of a commercially interactive website to assert jurisdiction over a defendant.

In this innovative book, Professor Svantesson presents a vision for a new approach to Internet jurisdiction--for both private international law and public international law. FCC Commissioner Ajit Pai and FTC Commissioner Maureen Ohlhausen discuss net neutrality, specifically whether the FCC's ruling on the issue encroaches on the FTC's authority.

Personal Jurisdiction on the Internet -- A Survey of the Cases David G. Post/Cyberspace Law Institute Updated June ; Lex2K: The Law of Jurisdiction; News. Connecticut Blogger Not Subject to Texas Jurisdiction--Healix Infusion v. Helix Health, Tech & Marketing Law 5/28/ eBay auction not enough to confer personal jurisdiction, Internet.

References. Ravishankar K. Mor, Cyberspace Jurisdiction and Courts in India, National Seminar on Cyber Law, Justice S. Muralidhar, Jurisdictional Issues in Cyberspace, The Indian Journal of Law and Technology, Prevy Parekh and Tarunya Rao, Cyberspace and Jurisdiction, Journal on Contemporary Issues of Law, Krishnendra Joshi, Civil .Jurisdiction and the Internet: Regulatory Competence over Online Activity The book, written in is now a little dated given how much the globalism of the internet has moved on in just a few years (see the excellent Cross-border Online Gambling Law and Policy by Julia Hornle and Brigitte Zammit (29 Oct )).4/5(2).It places Internet jurisdiction in a broader context and outlines methods for how to properly understand and work with rules of Internet jurisdiction.

While Solving the Internet Jurisdiction Puzzle paints a clear picture of the concerns involved and the problems that needs to be overcome, this book is distinctly aimed at finding practical Brand: OUP Oxford.