Lex 8256: The Law in Cyberspace Seminar

Cyber-Jurisdiction:
National Sovereignty and International Choice of Law

    Cyberspace exists beyond national and territorial borders, enabling us to travel over great distances in a non-geographical sense. It is fair to say that generally, across the globe, we value these travels; we expand our understanding of our surroundings, our capacity to communicate, our sense of who we are. Geographical parameters, however, in some ways, define and limit our actions.

    How should our activities in cyberspace be regulated?  When conflicts arise over internet activities and more specifically, when international parties are affected, what rules should govern? For a local overview of the issues, please read International Jurisdiction Soup.  Because the existing international legal systems apply different norms in asserting jurisdiction to adjudicate claims, it is important to compare these in order to determine any common and overlapping grounds. The following article gives a very good description of the bases of jurisdiction asserted in ‘common law’ and ‘civil law’ nations:  Please read Ray August, International Cyber-Jurisdiction: A Comparative Analysis, 39 Am. Bus. L.J.531 (2002). Please pay special attention to the rules defining ‘implied consent’ for jurisdiction in civil law, common law nations and under the Hague Convention.

    For a recent (2003) description on a Third Circuit case applying jurisdiction guidelines to an interactive website, please read the following short Law Meme article, Does Operating A Web Site Confer Jurisdiction?  Now read the following National Law Journal article on the Hague Conference.
·    Does current national and international law provide adequate guidance to Internet users? 
·    Can you think of alternative methods of regulation? How would the rules be enforced?
·    Given the approaches taken by various courts worldwide, do you think a unified international choice of law agreement such as the Hague Convention, is a good idea? What drawbacks can you foresee?

THE YAHOO! CASE

    For a closer look at these legal issues, please read this English translation of the French Higher Court ruling on the Yahoo! case.  Next, please read a personal statement published by one of the experts appointed by the French court on the Yahoo! case.   Finally, skim Yahoo v. La Ligue Contre Le Racisme Et l'Antisemitisme ("LICRA"), 169 F. Supp. 2d 1181 (N.D. Calif. 2001), the subsequent U.S. judgment on the Yahoo! matter. Please be prepared to discuss your assessment of:
·    the suit; the French ruling and the U.S. ruling
·    the role of experts and applicable technology
·    the relevance and importance of international jurisdiction rules
·    any lessons from this case?