Lex 8256: The Law in Cyberspace Seminar

Where does jurisdiction lie over an Internet actor?

    The disconnection of the World Wide Web from geographic place poses knotty problems when it comes to the issue of personal jurisdiction. Where should jurisdiction lie when an actor is said to violate another person's rights, or a state's criminal law, by virtue of material posted on the Web? As we discussed in connection with Ashcroft v. ACLU, a rule that the actor is subject to suit anywhere the page is visible would make him subject to suit anywhere in the country (indeed, the world), even though he had no personal connection with the jurisdiction in connection and it would be highly inconvenient for him to defend a suit there. On the other hand, a more narrow rule might preclude suit in a jurisdiction even though the defendant's actions were in fact causing harm in that location, in violation of its public policy. Read -- and think about -- Millennium Enterprises, Inc. v. Music Millennium, 33 F.Supp. 2d 907 (D. Ore. 1999), where a court confronts these issues.

    We've already talked about two cases in which the court had to resolve the question of personal jurisdiction; this is a good time to reread them. On March 17, we talked about Blumenthal v. Drudge, 992 F. Supp. 44 (D.D.C. 1998); we focused on whether AOL should be deemed responsible for Drudge's defamatory statements. But pay attention now to Part III of the opinion, which holds that Drudge (who lives and works in California) is personally subject to suit in Washington, D.C. Do you agree with the court's analysis? Would jurisdiction have been proper if Blumenthal had lived in Maryland and sued in federal court there?

    In addition, on March 3, we talked about MGM Studios v. Grokster, 2003 U.S. Dist. LEXIS 800 (C.D. Calif. Jan. 8, 2003). Was that case correctly decided?

    Formulate a concise statement explaining when (in your view) a web site publisher or content provider should be subject to suit in a foreign jurisdiction.

    OPTIONAL: Any jurisdiction junkies out there would do well to read Michael Geist, There a There There?: Towards Greater Certainty for Internet Jurisdiction, 16 Berkeley Tech Law Journal 1345 (2001).