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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.

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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