Harmonizing Cybertort Law for Europe and America

Abstract

Professors Rustad and Koenig examine the impediments in the development of harmonized Internet torts. Their analysis consists of three focal parts. In Part I, the authors examine the barriers precluding the development of a harmonized cybertort system that would protect American and European internet consumers and businesses. Part II describes the differing legal approaches of the United States and Europe involving tortious acts. Finally, in Part III, the authors conclude by examining the feasibility of an increased harmonization in the realm of torts between Europe and the United States.

Keywords: Brussels Regulation, Rome I, Internet, jurisdiction, cybertort, Communications Decency Act, defamation, Internet law