Law 897: Law in Cyberspace
Assignment for November 1st, 2010
Internet Jurisdiction over
Business Transactions: comparison between U.S. and Brazil
Debora Ritzel P.C. Cruz
Jurisdiction: "the power to hear a case"
For a very simple explanation about jurisdiction
and its types please, read What is
Jurisdiction? by John Butera, here.
Internet jurisdiction:
"The Internet has created many
challenging legal issues for the courts, not the least of which is the question
of jurisdiction (the power to hear a case). The Internet can allow computer
users anywhere in the world to search and retrieve information from a publicly
available site anywhere else in the world. Although this potential global
audience can mean great exposure for businesses, it can also translate into
potential liability. At the international level, the disparate legal approaches
between countries magnify the potential problems. Without international
guidelines on recognizing jurisdiction, exposure to local liability could have
a detrimental effect on global business".
Determining
Internet Jurisdiction by Whitehead, Roy; Spikes, Pam. (Optional reading)
How is Brazil treating Internet
Jurisdiction Issues?
The
Internet is a recent event in Brazil, no more than 20 years old. The first time
that we hear about it was in 1990. Since then, we have been trying to keep our
laws up with the rapid development of technology. The main
difficulty is that technological advances escape law enforcement and may,
indeed, make law ineffective, such is the speed with which new technologies are
being discovered and disseminated.
The following articles will give you
a hint about how Brazil has been dealing with Internet Jurisdiction issues.
Read Jurisdiction over
cyberspace: a new approach for "cybersecurities" transactions (2000) by Felipe
Eluf Creazzo
Read
section
b of Domain
Name conflicts, Brazilian Jurisdiction, Consumer Law and the Impact of
Alternative Dispute Resolution Mechanisms (2000) by Ronaldo Lemos
Read
The Dogmatic
Function of Law as a Legal Regulation Model For Cyberspace (2004) by Carlos A. Rohrmann.
How is U.S. treating Internet
Jurisdiction Issues?
Read
Standards for
Internet Jurisdiction (1999) by
Christopher Wolf
Read
Jurisdiction in
Cyberspace (2000) by Warren E.
Agin
Read
Deliberate
exploitation of market subjects GoDaddy to personal jurisdiction in Illinois
(2010) by Evan Brown
Read
uBID
Inc. v. The GODADDY Group Inc., No. 09-3927 , 2010
WL 3768075 (7th Cir. 2010)
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