Problem:
Creating and maintaining a Web page that is accessible from anywhere in the world poses new jurisdictional issues. In this 1999 article, Christopher Wolf, an attorney at a Washington D.C. law firm, explains the evolving law on jurisdiction on the Internet. The question is whether a court has personal jurisdiction of an individual just because the individual posts a Website. Mr. Wolf summarizes the law relating to that issue.
When is a Web Page Creator Subject to a State's Jurisdiction? Creating and maintaining a Web page that is accessible from anywhere in the world poses new jurisdictional issues. In this 1999 article, Christopher Wolf, an attorney at a Washington D.C. law firm, explains the evolving law on jurisdiction on the Internet. The question is whether a court has personal jurisdiction of an individual just because the individual posts a Website. Mr. Wolf summarizes the law relating to that issue.
Part 1 - After reading this article, select a Web site and analyze whether the Web site creator would be subject to jurisdiction in the examples given.
Part 2 - Look at Mr. Wolf's article entitled "Internet Jurisdiction." Read all sections of the article including the conclusion. Answer the following questions:
Why is personal jurisdiction an issue for those who post Websites?
What are some reasons that a website owner might be concerned with whether a court is able to obtain 'personal jurisdiction' over them?
What is normally required for a court to have personal jurisdiction?
When is a Court required to use long-arm jurisdiction?
Why is long arm jurisdiction an issue for those who create or post Web pages?
According to the Wolf article, the courts have imposed an "interactive-passive" test of jurisdiction. Explain that distinction.
According to the Wolf article, is advertising on the Web alone enough to confer personal jurisdiction?