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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
An important factor in cyber-law cases is the
intersection of geography and contact. The UCLA Cyberspace Law &
Policy Institute has a wonderful description of Jurisdiction:
In order to establish personal jurisdiction
over a non-resident defendant, he or she must either have
(1) "substantial, continuous and systematic"
presence in the forum state, which would give the court general
jurisdiction over the defendant, or
(2) certain "minimum contacts" with the forum
state such that maintenance of the suit does not offend "traditional
notions of fair play and substantial justice."
International Shoe Co. v. Washington, 326 U.S.
310 (1945).
Source: Lexis
To determine whether a person or business is
continuously and systematically present in a forum state, a court
will not look solely at the number of hits or customers that a
website will receive from a particular state, but will evaluate the
“totality of circumstances” to evaluate the relationship among the
defendant, the forum and the litigation.
When a URL request is sent from one website to
another, a referrer URL is attached. These referrer statistics
allow a website to see the number of hits coming-in from other web
domains.
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