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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.


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
 

http://www.rampant-books.com/book_2004_2_stalkers.htm


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