-------- Original Message -------- Subject: Technology and Internet Jurisdiction Date: Tue, 29 Mar 2005 01:00:06 -0500 From: Joel Reidenberg <reidenberg@private> Reply-To: reidenberg@private Organization: Fordham Law School To: Declan McCullagh <declan@private> Declan, In the context of last week's rehearing of the Yahoo case before the US appellate court, I thought that my newly released paper on "Technology and Internet Jurisdiction" 153 Univ. of Penn. L. Rev. -- (forthcoming) might be of interest to you and to Politech. The abstract is below and copies of the full paper may be downloaded from the SSRN page at http://ssrn.com/abstract=691501 The paper also reveals that Yahoo mis-translated key aspects of the French decision for the American court in a way that significantly distorts the legal effect of the French filtering order. Please feel free to circulate the link. "Technology and Internet Jurisdiction" 153 Univ. of Penn. L. Rev. -- (forthcoming) full text at http://ssrn.com/abstract=691501 Abstract: The current technology of the Internet creates ambiguity for sovereign territory because network boundaries intersect and transcend national borders. In this environment, jurisdiction over activities on the Internet has become a battleground for the struggle to establish the rule of law in the Information Society. This essay argues first that the initial wave of cases seeking to deny jurisdiction, choice of law and enforcement to states where users and victims are located constitutes a type of 'denial of service' attack against the legal system. In effect, the defenders of hate, lies, drugs, sex, gambling and stolen music use technologically based arguments to deny the applicability of rules of law interdicting their behavior. The essay next shows that innovations in information technology will undermine the technological assault on state jurisdiction. Innovation creates this counter-intuitive effect because more sophisticated computing enlists the processing capabilities and power of users’ computers. This interactivity gives the victim's state a greater nexus with offending acts and provides a direct relationship with the offender for purposes of personal jurisdiction and choice of law. Some of these same innovations also enable states to enforce their decisions electronically and consequently bypass the problems of foreign recognition and enforcement of judgments. Finally, the essay argues that the exercise of state power through assertions of jurisdiction can and should be used to advance the development of more granular technologies and new service markets for legal compliance. Technologies should be available to enable Internet participants to respect the rule of law in states where their Internet activities reach. Assertions of state jurisdiction and electronic enforcement are likely to advance this public policy. Related papers: Yahoo and Democracy on the Internet, 42 Jurimetrics 261 (2002) http://ssrn.com/abstract=267148 States and Internet Enforcement, 1 Univ. of Ottawa L. & Tech. J. 213 (2004)/,/ http://ssrn.com/abstract=487965 Regards, Joel -- ******************************************** Joel R. Reidenberg Professor of Law Fordham University School of Law 140 West 62nd Street New York, NY 10023 Tel: 212-636-6843 Fax: 212-636-6899 Email: <reidenberg@private> Web page: <http://reidenberg.home.sprynet.com> ******************************************** _______________________________________________ Politech mailing list Archived at http://www.politechbot.com/ Moderated by Declan McCullagh (http://www.mccullagh.org/)
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