Keywords
internet jurisdiction, substantial connection test
Abstract
As improving methods of travel and communication facilitated the shift from an agrarian to an industrial society, the common law courts increasingly faced interjurisdictional disputes. Although British paternalism dominated early cases in which courts assumed jurisdiction over people, property, and actions in distant lands, these cases and the imperial attitudes informing them were slowly replaced by more modest jurisdictional assertions based on a sense of comity. The shift from an industrial society to an information-based society and the simultaneous growth of a global infrastructure based on satellite, telephone, cable, and cellular technologies have stretched jurisdictional doctrines in new ways, calling into question traditional methods of balancing the interests of nations in protecting and regulating their citizens.
Recommended Citation
Mary Paterson, "Following the Right Lead: Gutnick and the Dance of Internet Jurisdiction" (2004) 3: 1 CJLT.
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Comparative and Foreign Law Commons, Computer Law Commons, Intellectual Property Law Commons, Internet Law Commons, Privacy Law Commons, Science and Technology Law Commons