Essay on Internet Jurisdiction

Courts have conferred personal jurisdiction in cases where interactive uses of the Internet have taken place within the state. Interactive contact encompasses two-way online communication, which fosters an ongoing business relationship, while passive contacts are those that simply make information available to interested viewers.

A Web Site can be characterized as interactive if business transactions can be conducted over the Internet or if information can be exchanged with users for the purpose of soliciting business. The greater the commercial nature and level of interactivity associated with the Site, the more likely it is that the Web Site operator is "purposefully availing itself" (Web,1) of the forum state's jurisdiction.

One end of the spectrum of judicial decisions involves holdings that financially-motivated, interactive contacts with a foreign state will give rise to personal jurisdiction; the other end of the spectrum reflects holdings that a strictly passive, informational Web Site will not give grounds to assert jurisdiction. Many cases have fallen in the middle, being neither strictly interactive nor passive. These cases include situations where a defendant operates an informational Web Site, but also allows a user to exchange information with the host computer by providing an e-mail address, a toll-free telephone number or other forms of activity that would enable an ongoing relationship with the user to emerge or the opportunity to solicit business in the future.

Courts generally have declined to assert personal jurisdiction solely on the basis of Web Site advertising. However, courts have exercised jurisdiction over Web Site operation where additional and more active contacts with the forum took place, such as Internet sales to the forum residents, conducting business in the forum state through numerous contacts, or entering into specific dealings with forum residents.

In cases where the operator maintains a passive Web Site that merely makes information available for browsing, courts have been hesitant to exercise personal jurisdiction................

ESSAYS ON TECHNOLOGY