Wednesday, December 03, 2003
[FINAL PROJECT]
Title: International Jurisdiction over the Internet and Free Speech
Abstract:
The “borderless” nature of Internet communication makes the Internet the first truly international medium of communication, and, at the same time, the first truly troublesome medium of communication in terms of regulating speech across nations and jurisdictions. As various cases related to international jurisdiction on the Internet illustrate, this borderless nature of the Internet inevitably causes new and aggravated spillover effects among nations and exposes each nation to possible encroachments of sovereignty in the process of choosing and enforcing its public policy, while presenting the international community with potential discords and cultural tensions. This essay reviews the issue of international jurisdiction over the Internet and free speech. It first provides background on this issue by examining briefly several cases in which the issue of international jurisdiction over the Internet complicated matters and free speech were at stake. Next, it reviews scholarly discussions related to the issue and provides a critical analysis of the relevant literature.
Then, the essay argues that a careful examination of International jurisdiction over the Internet is a good starting point to create a networked environment that respects the rights of sovereign nations while promoting the unique nature of the Internet as a truly international medium. The exploration of the issue of personal jurisdiction throughout offline and online cases in the United States leads a judgment that the effects test can be an appropriate legal framework of international jurisdiction over the Internet when free speech is at stake. This essay concludes that the effects test mandates courts to examine whether foreign defendants engaged in intentional wrongs that they expressly aimed at and caused harm in the forum state. This requirement can guide courts, in cases related to international disputes over the Internet, to inquire the language used in Web sites and the substantial number of foreign audiences reached to measure the intent to cause harm and the extent of harmful effects.
Title: International Jurisdiction over the Internet and Free Speech
Abstract:
The “borderless” nature of Internet communication makes the Internet the first truly international medium of communication, and, at the same time, the first truly troublesome medium of communication in terms of regulating speech across nations and jurisdictions. As various cases related to international jurisdiction on the Internet illustrate, this borderless nature of the Internet inevitably causes new and aggravated spillover effects among nations and exposes each nation to possible encroachments of sovereignty in the process of choosing and enforcing its public policy, while presenting the international community with potential discords and cultural tensions. This essay reviews the issue of international jurisdiction over the Internet and free speech. It first provides background on this issue by examining briefly several cases in which the issue of international jurisdiction over the Internet complicated matters and free speech were at stake. Next, it reviews scholarly discussions related to the issue and provides a critical analysis of the relevant literature.
Then, the essay argues that a careful examination of International jurisdiction over the Internet is a good starting point to create a networked environment that respects the rights of sovereign nations while promoting the unique nature of the Internet as a truly international medium. The exploration of the issue of personal jurisdiction throughout offline and online cases in the United States leads a judgment that the effects test can be an appropriate legal framework of international jurisdiction over the Internet when free speech is at stake. This essay concludes that the effects test mandates courts to examine whether foreign defendants engaged in intentional wrongs that they expressly aimed at and caused harm in the forum state. This requirement can guide courts, in cases related to international disputes over the Internet, to inquire the language used in Web sites and the substantial number of foreign audiences reached to measure the intent to cause harm and the extent of harmful effects.
