Internet Jurisdictional Issues: Fundamental Fairness in a Virtual WorldCreighton Law Review
- minimum contacts,
- civil procedure
AbstractThis Article explains Internet jurisdictional issues within the current framework that enables a state to assert in personam jurisdiction. This Article argues that existing jurisdictional tests are appropriate in determining the fairness of jurisdiction in cases involving the Internet, despite the vast outreach capacity of computers. This Article will first examine the development of law concerning in personam jurisdiction. Next, this Article will reflect on how courts have handled jurisdictional issues respecting other modes of communication, namely the mail and telephone. Third, this Article will argue that in traditional jurisdictional analysis, courts have placed primary emphasis on business contacts and purposeful conduct prior to asserting that a "minimum contact" standard has been met and that Internet bulletin board postings, alone, rarely fit into these categories. Finally, this Article will conclude by asserting that current jurisdictional standards can easily be applied to situations in which the contact point between states is an Internet transaction and that it is not necessary to redevelop jurisdictional tests to accommodate computer technology.
Citation InformationKarin Mika, Internet Jurisdictional Issues: Fundamental Fairness in a Virtual World, 30 Creighton Law Review 1169 (1997)