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Personal Jusridiction

In: Business and Management

Submitted By Brooks925
Words 528
Pages 3
Personal jurisdiction is an issue for those who post websites because it gives the courts jurisdiction in forum states the right to pursue legal action against them. To determine if the court has personal jurisdiction over a website the court must prove that the website has had continued contact with those brining on the suit in the forum state. If it is determined that such action has taken place then the court may proceed. This would bring great concern to website owners, as the reach of the Internet seems to be never ending, they could face legal proceedings in several different jurisdictions that they have had contact with customers in. This makes their business vulnerable to law suits and website owners apprehensive in their publications.

To take a look at a website I studied my own website I have learned that my website would fall in that middle spectrum like so many others. I believe that it could be considered “interactive-passive”. My site allows people to get information, contact me via email to ask questions and possibly place orders via email making it interactive to a degree although placing actual orders online (adding items to a shopping cart) and making payments isn’t available. As stated by Wolf when describing the middle spectrum “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.” (Wolf, 1999) This tells me that I can be held liable under the courts jurisdiction should issues arise.

According to Wolf’s Article courts use an “interactive-passive” distinction to determine personal jurisdiction in most Internet cases. Interactive refers to websites that have

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