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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.
Significant Contact and Personal Jurisdiction
In one famous Supreme Court case (Calder vs.
Jones), the Court found just the act of publishing defamatory
remarks is enough to establish jurisdiction. In this case, a
defamatory article was published by the National Enquirer
about actress Shirley Jones. The reporters for the story knew that
Jones lived and worked in California and that she would bear the
brunt of the injury in California; therefore, they should have
"anticipate being hauled into court there to answer for the truth of
their statements."
For example, consider a libel action. After
confirming the identity of the person who made the statement in
question, the next challenge is to find that person. If they live
in the same country as their victim, the courts of that country will
most likely determine that they have jurisdiction.
With the Internet, the world has become
smaller. Someone in another country can easily make statements
about any other person that are false and harmful. If they
successfully assert that their local laws apply to their conduct,
then to continue to pursue a case, one would need to do so in their
country. The cost of a foreign lawsuit will make many decide not to
pursue the case further.
Fairness and Substantial Justice with
Jurisdiction
In addition to meeting the burden of “minimum
contacts”, the victim’s court must find that their jurisdiction is a
fair forum for the action. This issue is aggravated by the vastly
differing laws across the globe.
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