'Net use raises issues of jurisdiction; 'minimum contacts' rules can subject Internet users to lawsuits in faraway forums

Article Abstract:

Use of the Internet presents novel jurisdiction issues, namely, whether electronic contact with a jurisdiction is enough to confer personal jurisdiction. In each case which has dealt with this issue, the main consideration was how the computer network was used to do business within the forum. The decisions handed down so far show the courts are likely to use existing legal doctrines rather than creating new ones. The traditional minimum contacts analysis and exiting precedent can be used with most cases. Choice of law and forum clauses in Internet contracts will also help as judge-made law on Internet jurisdiction becomes more complete.

Computer networks

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Recent cases offer a legal framework regarding when Internet activity creates a basis for specific personal jurisdiction, offering guidance to Web site owners

Article Abstract:

Several recent rulings have hinted at how the courts will resolve Internet jurisdiction, an issue that is sure to arise with greater frequency. If a web site holder wants mainly to avoid jurisdiction, then little interactive capability should be provided to accessors, as rulings finding jurisdiction have involved Web sites allowing retransmission of information back to the Web site. Merely posting information on a home page is less likely to result in jurisdiction. Means to limit jurisdiction also limit electronic commerce, however.

Web sites (World Wide Web), Web sites

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E-litigation; Internet jurisdiction

Article Abstract:

French and German cases dealing with on Internet jurisdiction and the European Union's Electronic Commerce Directive are discussed. A French court ordered Yahoo to block French Internet users from accessing information dealing with the auction of Nazi artifacts. The EU's Electronic Commerce Directive is also discussed.

Germany, France, International

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