Where in the world is internet jurisdiction: a US perspective Online publication date: Wed, 24-Feb-2010
by Burke T. Ward, Janice C. Sipior
International Journal of Value Chain Management (IJVCM), Vol. 4, No. 1/2, 2010
Abstract: Jurisdiction is the authority of a court to resolve a specific legal action. In resolving legal actions related to electronic commerce (e-commerce) which crosses borders, there currently is no statutory solution to determine jurisdiction. The answer to the question, where in the world is internet jurisdiction, is currently determined case by case through court action. This paper addresses the concerns about internet jurisdiction risk from a US perspective. The questions of legal internet jurisdiction are then discussed by examining the legal theories for jurisdiction. The standards within the USA, as well as those applied in international disputes, are discussed and exemplified with legal cases. Based upon our analysis of the applicable legal theories and cases, we recommend approaches for electronic business (e-businesses) to address internet jurisdiction risk. We conclude that there is a need to develop a globally agreed upon standard.
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