Abstract

http://ssrn.com/abstract=2309526
 


 



Internet Jurisdiction: A Survey of Legal Scholarship Published in English and United States Case Law


Joel R. Reidenberg


Fordham University School of Law; Princeton University - Center for Information Technology Policy

Jamela Debelak


Fordham CLIP

Jordan Kovnot


Fordham CLIP

Megan Bright


Fordham CLIP

N. Cameron Russell


Fordham CLIP

Daniela Alvarado


Fordham University School of Law

Emily Seiderman


Fordham CLIP

Andrew Rosen


Fordham CLIP

June 30, 2013

Fordham Law Legal Studies Research Paper No. 2309526

Abstract:     
This study provides a survey of the case law and legal literature analyzing jurisdiction for claims arising out of Internet activity in the United States. A companion study, released simultaneously, explores similar issues as they are treated in the German legal system. The goal of the report is to identify trends in legal literature and case law and to serve as a comprehensive, objective resource to assist scholars and policy-makers looking to learn about the issues of jurisdiction on the Internet.

The U.S. study shows that most academic scholarship discusses all three aspects of jurisdiction law — personal jurisdiction, choice of law and jurisdiction to enforce — within the individual articles. In addition, the literature treats a noticeably wide variety of legal areas — including, for example, analyses of specific cases, particular issues related to e-commerce, and the regulation of online speech — but overall, does not appear to have a consensus on an approach or solution that cuts across the varied areas of law addressed by the scholarship. Thus, in effect, a review of academic scholarship shows that Internet jurisdiction is as varied as the legal issues and fields of law it permeates.

With respect to U.S. case law, Fordham CLIP's research indicates that issues surrounding Internet jurisdiction gravitate toward the Ninth Circuit and the Second Circuit more so than other federal circuits. Moreover, contrary to the body of academic literature, the research demonstrates that U.S. courts predominantly adjudicate matters of personal jurisdiction in Internet cases rather than other subsets of jurisdiction, and that Internet jurisdiction issues trend toward intellectual property and defamation cases. Lastly, the case law shows that, although the Zippo and Calder decisions remain the clear, predominant legal standards and tests for Internet jurisdiction matters, when and how these rules are applied by U.S. courts lacks uniformity.

Number of Pages in PDF File: 88

Keywords: internet, jurisdiction, choice of law, applicable law, enforcement

JEL Classification: K10, K39, K40, O34

working papers series


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Date posted: August 16, 2013  

Suggested Citation

Reidenberg, Joel R. and Debelak, Jamela and Kovnot, Jordan and Bright, Megan and Russell, N. Cameron and Alvarado, Daniela and Seiderman, Emily and Rosen, Andrew, Internet Jurisdiction: A Survey of Legal Scholarship Published in English and United States Case Law (June 30, 2013). Fordham Law Legal Studies Research Paper No. 2309526. Available at SSRN: http://ssrn.com/abstract=2309526 or http://dx.doi.org/10.2139/ssrn.2309526

Contact Information

Joel R. Reidenberg (Contact Author)
Fordham University School of Law ( email )
140 West 62nd Street
New York, NY 10023
United States
212-636-6843 (Phone)
212-930-8833 (Fax)
HOME PAGE: http://faculty.fordham.edu/reidenberg
Princeton University - Center for Information Technology Policy ( email )
C231A E-Quad
Olden St.
Princeton, NJ 08540
United States
+1.609-258-4952 (Phone)
Jamela Debelak
Fordham CLIP ( email )
140 West 62nd Street
New York, NY 10023
United States
Jordan Kovnot
Fordham CLIP ( email )
140 West 62nd Street
New York, NY 10023
United States
Megan Bright
Fordham CLIP ( email )
Fordham Law School
140 West 62nd Street
New York, NY 10023
United States
N. Cameron Russell
Fordham CLIP ( email )
Fordham Law School
140 West 62nd Street
New York, NY 10023
United States
212-930-8878 (Phone)
Daniela Alvarado
Fordham University School of Law ( email )
140 West 62nd Street
New York, NY 10023
United States
Emily Seiderman
Fordham CLIP ( email )
Fordham Law School
140 West 62nd Street
New York, NY 10023
United States
Andrew Rosen
Fordham CLIP ( email )
Fordham Law School
140 West 62nd Street
New York, NY 10023
United States
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