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Chapter 1: Jurisdiction and Venue in Cyberspace

Chapter 1: Jurisdiction and Venue in Cyberspace. 1.1. 1.2. 1.3. Explain the history of the Internet. Describe the different types of jurisdiction, including subject matter jurisdiction, personal jurisdiction and in rem jurisdiction.

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Chapter 1: Jurisdiction and Venue in Cyberspace

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  1. Chapter 1: Jurisdiction and Venue in Cyberspace

  2. 1.1 1.2 1.3 • Explain the history of the Internet. • Describe the different types of jurisdiction, including subject matter jurisdiction, personal jurisdiction and in rem jurisdiction. • Discuss how service of process plays a critical role in the commencement of litigation and how service of process can be effectuated via electronic means.

  3. 1.4 1.5 • Explain what activities are considered minimum contacts for a website owner and the sliding scale used by courts for passive and active website. • Describe the purpose of a choice of law provision and a forum selection clause in an online contract.

  4. 1.1 • Explain the history of the Internet.

  5. 1.1 • History of the Internet • Arpanet: military research network established in 1968 • Arpanet purpose: connect government computers across country during wartime • Arpanet: sponsored by Advanced Research Projects Agency (ARPA) of the U.S. Department of Defense • J.C.R. Licklider: first head of computer research program at ARPA

  6. 1.1 • Definition of Cyberlaw • Cyberlaw: the field of law dealing with the Internet, encompassing cases, statutes, regulations, and disputes that affect people and businesses interacting through computers

  7. 1.2 • Describe the different types of jurisdiction, including subject matter jurisdiction, personal jurisdiction, and in rem jurisdiction.

  8. 1.2 • Jurisdiction • Jurisdiction: a court’s power to decide a particular case • Subject matter jurisdiction: jurisdiction over a particular subject matter (e.g. bankruptcy) • In rem jurisdiction: jurisdiction over a particular thing or property (e.g. probate cases) • Personal jurisdiction: jurisdiction over a particular person

  9. 1.2 • Personal Jurisdiction • International Shoe Co. v. Washington: U.S. Supreme Court established “minimum contacts” test for personal jurisdiction • State can exercise personal jurisdiction over defendant if defendant has minimum contacts with the forum state

  10. Court held that private seller who sold vehicle on eBay did not have sufficient “minimum contacts” to support personal jurisdiction • Long arm statue: statute that provides for jurisdiction over nonresident defendant who has had some contact with the forum • 1.2 • Case Study: Boschetto V. Hansing

  11. 1.3 • Discuss how service of process plays a critical role in the commencement of litigation and how service of process can be effectuated via electronic means.

  12. 1.3 • Service of Process • Service of process: the formal delivery of a writ, summons, or other legal process. Also called “service.” • Types of service under FRCP 4 • Service via electronic means?

  13. 1.4 • Explain what activities are considered minimum contacts for a website owner and the sliding scale used by courts for passive and active website.

  14. 1.4 • Minimum Contacts for Websites • Sliding scale for passive and active websites • Passive website by itself usually not sufficient contact • More interactive website may involve exercise of personal jurisdiction • Decided on a case-by-case basis

  15. 1.5 • Describe the purpose of a choice of law provision and a forum selection clause in an online contract.

  16. 1.5 • Choice of Law Provision • Choice of law: which jurisdiction’s law should apply in a given case • Choice of law provision: contractual provision where parties designate the jurisdiction whose law will govern any disputes that may arise between the parties • Purpose of choice of law provision: predictability

  17. Venue: proper place for a lawsuit; county where trial court has jurisdiction • Forum selection clause: contractual provision where parties establish the place (such as the country, state or type of court) for specific litigation between them • Purpose of forum selection cause: save time and money with litigation • 1.5 • Forum Selection Clause

  18. 1.1 1.2 1.3 • Explain the history of the Internet. • Describe the different types of jurisdiction, including subject matter jurisdiction, personal jurisdiction and in rem jurisdiction. • Discuss how service of process plays a critical role in the commencement of litigation and how service of process can be effectuated via electronic means.

  19. 1.4 1.5 • Explain what activities are considered minimum contacts for a website owner and the sliding scale used by courts for passive and active website. • Describe the purpose of a choice of law provision and a forum selection clause in an online contract.

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