Personal Jurisdiction

1. Why is personal jurisdiction an issue for those who post Websites?

Personal jurisdiction could be an issue for those who post websites because there seems to be a fine line between what is considered strictly interactive v. strictly passive use of websites. What is clear, however, is that if there is enough evidence of activity in a State outside of the State where the website originates, then the court would have personal jurisdiction should a case come before the judge.

2. What are some reasons that a website owner might be concerned with whether a court is able to obtain 'personal jurisdiction' over them?

When a website owner designs a website, he or she will have to pay close attention to the information they are trying to project. If the website is strictly an interactive website created solely for the purpose of soliciting business then there is cause for concern with personal jurisdiction. Also if the owner operates a website for informational purposes, but allow the user to provide personal information that the owner can use to solicit business, then the owner could be subject to personal jurisdiction by a court.

3. What is normally required for a court to have personal jurisdiction?

For a court to have personal jurisdiction there has to be actual business transactions in the State with evidence that residents are targeted.

4. When is a Court required to use long-arm jurisdiction?

A court is required to use long-arm jurisdiction over persons and businesses in another State when a civil wrong (tort) is committed within a State; when there is a contract in the State or a contract affects the State and when a business is transacted that allegedly cause injury to another person. (Cheeseman, 2006, pg. 53).

5. Why is long arm jurisdiction an issue for those who create or post Web pages?

Long-arm jurisdiction is an issue for those who create Web pages that can be considered interactive because the internet is an international medium - a website originated in one State can be accessed in other States and also internationally. While the website owner may not be subject to personal jurisdiction in courts where the website is accessible, the long-arm jurisdiction poses a credible issue for "interactive" websites. If a consumer in one State feels that they are experiencing tortuous interferences (like consistent email spam) from an out of state

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