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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.

The above text is an excerpt from:

Web Stalkers
Protect yourself from Internet Criminals & Psychopaths
ISBN 0-97-45993-9-5

by Donald K. Burleson, Stephen Andert

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