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 his 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 website creator would be subject to jurisdiction in the examples given.
Part 2: Look at Mr. Wolf's article titled Standards for 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 him or her?
•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?