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Oracle Tips by Burleson |
Web Stalkers
Chapter 5 -
All About Cybercrime
Note: This is a literature review
prepared by a non-lawyer and this research may not be construed as
legal advice. If you are seeking legal advice of qualified
attorneys, consult your local Bar Association, not my web pages.
For more details on jurisdiction, check
these pages.
Jurisdiction and Internet Law
The Internet makes it possible for a foreigner,
not subject to the laws of a distant country, to interact with the
citizens of that country whenever they choose. They may conduct
business, maintain advantageous political alliances or promote an
agenda that suites their interests. In short, they may exercise
influence at some level without being subject to the laws that
govern the systems of that nation. It goes without saying that this
situation will, and does, create problems.
Even neighboring countries with very similar
value systems can have differences in their legal codes that can
cause problems. For example, the United States and Canada agree,
for the most part, on the major ideologies underpinning their laws,
but definitions and technical points can vary. Canada and the
United States have slightly different definitions of what
constitutes defamatory remarks.
Suppose a statement is made on an Internet
forum by someone in the United States that negatively impacts the
interests of a party in Canada. Suppose further that the statement
meets the requirements of defamation as defined by Canadian law, but
because of differences in the legal language of the two countries,
the statement does not qualify as defamatory according to U.S.
laws. Should legal proceedings ensue, plaintiffs may wish to
consider these subtleties.
Whenever one is the victim of a Cybercrime,
they may have a choice of jurisdictions. For example, if they are
defamed (libeled), one normally has a choice of filing the action in
the defendant’s jurisdiction or the victim’s home jurisdiction. Of
course, the choice is largely determined by the laws within each
jurisdiction and the propensity of the courts to find in the
victim’s favor. his act of choosing jurisdictions is commonly
called “forum shopping”, and it is one of the first steps when one
has been harmed on the Web. In fact, jurisdictional issues warrant
a more detailed look.
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