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When is a Web Page Subject to a States Jurisdiction? Nowadays, with the growth of Internet users, it is necessary to know about jurisdictional issues respecting Internet activities in the United States and other countries. Different courts have made different conclusions concerning jurisdiction in cases involving the Internet. A court can use personal jurisdiction to individuals (the power over the person in contrast to the jurisdiction over his property or interest) if they do not keep general rules. So, operating or posting a Web Site does not mean that the operator is subject to personal jurisdiction in courts. It depends on the types of activity.
It shows if a court can exercise personal jurisdiction over an Internet user. It should be in consent with the due process clause of the Constitution. It should be taken into consideration that financially-motivated and interactive contacts with a foreign state can become a reason for personal jurisdiction. On the contrary a strictly passive, informational Web Site will not afford grounds for it. Many cases have been examined within the United States based on Internet and Web activities.
They were divided into several general categories. The first category was when the defendant clearly did business over the Internet. There is no trouble for Courts to exercise personal jurisdiction. The second category was the most uncertain.
It was when the decision depended on the level of interactivity and commercial nature of the exchange of information. The third category dealt with the posting of information or advertisements on the Web site. Normally these 3 categories are examined by courts Usually courts use a two-step analysis, considering cases with Internet. First, they determine whether the defendant can be suit under the state's long-arm statute. The statute allows courts to exercise jurisdiction over non-resident defendants. Long-arm jurisdiction was made for holding foreign defendants accountable for the consequences of their actions in other forums.
Second, the court determines whether its action meets the constitutional due process requirement. Most courts have imposed an "interactive-passive" test when determining personal jurisdiction over someone operating a Web Site. Generally, courts subject personal jurisdiction in cases if "interactive" use of the Internet have taken place in the state. Interactive contacts provide two-way communication which lead to business relationships. "Passive" contacts simply give information interesting for viewers. In short the difference between the determinations "interactive and passive is in the commercial nature of the Site.
Making advertisement over the Internet several observations can be made. Advertising and promotion of services over the Internet once again sufficiently provided the reason for the court's assertion of personal jurisdiction over a defendant. But courts usually do not assert personal jurisdiction solely on the basis of Web Site advertising. However, if additional and more active contacts with the forum take place courts exercise jurisdiction over Web Site operation. But an Internet advertisement alone is not sufficient to subject the advertiser to jurisdiction in the plaintiff's home state. At present interactive Web Sites allow us to exchange information with the host computer.
And with absence of actual business transactions in the forum state and evidence that residents are targeted, the difference between active and passive contacts become smaller. Thats why usually courts do not extend personal jurisdiction when the Web Site operator simply provides an informational Web Site. It can be accessed in the forum state, but does not serve as a base for business contacts or realizing electronic commerce. The body of Internet law is constantly developed and the Internet evolves. Bibliography: Martin J. Jaffe, Internet Users Beware: The Long Arm of Personal Jurisdiction is Getting Longer, 2 W.
Va. J. L. & Tech. 2. 3, June 10, 1998. profs. lp.
findlaw. com / net juris /wolf. html
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