File Name: internet jurisdiction and choice of law .zip
- Jurisdiction and Choice of Law Issues in Multistate Defamation on the Internet
- Territoriality of Copyright Law
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The rapid development of IT technologies in the last few decades has also created increasing number of cross-border disputes.
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Jurisdiction and Choice of Law Issues in Multistate Defamation on the Internet
This chapter seeks to set the scene and make some proposals for how we may make progress in the field of internet jurisdiction. For this purpose, the chapter will focus on three examples where the matter of internet jurisdiction is a major concern for internet intermediaries. The first relates to the validity of the terms of service that internet intermediaries typically impose on their users, and which typically contain important provisions regarding jurisdiction and applicable law. The second example relates to situations in which law enforcement agencies seek access to user data held by internet intermediaries. Such situations give rise to important matters of jurisdiction, not only where the requesting law enforcement agency and the internet intermediary are based in different countries, but may also—as was illustrated in the well-known Microsoft Warrant case—give rise to such issues where the requested data is stored outside the country in which both the law enforcement agency and the internet intermediary are based. The third example relates to the matter of geographical scope where an internet intermediary is required to remove, block, take down, delist, de-index, or de-reference content. Keywords: online intermediaries , automated enforcement , algorithms , transparency , algorithmic accountability.
Territoriality of Copyright Law
Graduated in law from Universidad Iberoamericana, Mexico. He has published in international journals and participated in international forums. Contact: edgardo. The inadequacy of current Conflict of Laws system, the lack of specialization, the high costs and long delays of court proceedings makes that traditional court adjudication as a means of resolving disputes is not always suitable for e-commerce disputes. Moreover, ADR Alternative Dispute Resolution offline is commonly impractical for B2C resolution of international e-commerce disputes and at times expensive enough so that B2B avoid engaging in them. I aim to present in this venue some of the constructive ways in which ODR can be utilized to deal with the two main problems that emerge from relying on court judicial process, and ADR offline, to resolve e-commerce disputes: inadequacy of current Conflict of Laws system and the high costs and long delays of some e-commerce disputes.
Digital Peripheries pp Cite as. Jurisdiction from Latin iuris dicere is the general authority of a sovereign to implement legal rules that normatively affect the behavior of individuals. The scope of jurisdiction of a particular sovereign is traditionally delimited in law on a territorial basis. On the Internet, however, territory plays a significantly different role than in the offline environment, and this difference represents an evolving challenge for legal scholars as well as for practicing lawyers. In this chapter, we discuss the territorial scope of the application of copyright law on the Internet. We analyze the concept of the territoriality of copyrights as such and discuss particular regulatory paradoxes that arise from a strictly territorial application of various components of copyright law on the Internet.
PDF | On Jun 1, , PS Berman published Choice of law and jurisdiction on the internet | Find, read and cite all the research you need on.
The topic of Internet jurisdiction is gaining a considerable amount of attention at the moment. Yet, we are seemingly still a long way from solutions. Drawing upon a framework consisting of three jurisdictional core principles, the article seeks to examine whether three recent key developments in EU law contribute to hyper-regulation. The article also provides an analysis of recent trends and draws some conclusions as to how we may best move forward in this field.