SYMPOSIUM: PERSONAL JURISDICTION IN THE INTERNET AGE: OF NODES AND POWER LAWS: A NETWORK THEORY APPROACH TO INTERNET JURISDICTION THROUGH DATA PRIVACY Skip over navigation
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Copyright (c) 2017 Northwestern University School of Law
Northwestern University Law Review

SYMPOSIUM: PERSONAL JURISDICTION IN THE INTERNET AGE: OF NODES AND POWER LAWS: A NETWORK THEORY APPROACH TO INTERNET JURISDICTION THROUGH DATA PRIVACY

Winter, 2004

98 Nw. U.L. Rev. 493

Author

Andrea M. Matwyshyn*

Excerpt



Introduction
 
The question of whether the Internet presents unique legal concerns has been much debated, 1 as has, specifically, whether Internet-related harms warrant a fundamentally different personal jurisdiction paradigm. 2 As a consequence, courts within the United States have not adopted a uniform approach to personal jurisdiction in cases arising out of Internet activity. 3 Further, international consensus on the matter is lacking. 4 What remains clear, however, is that questions of jurisdiction arise at the epicenter of the intersection of technology-mediated commerce and social governance; jurisdictional determinations tacitly address the social balance between providing incentives for entrepreneurship and providing recourse for harms. Through jurisdictional determinations, our courts make assessments regarding the social value of competing economic and personal interests. Striking and maintaining a jurisdictional balance between entrepreneurship and recourse becomes increasingly complex in the context of new types of harms that arise as a consequence of new methods of conveying information and conducting commerce. 5

In this Article, I introduce a "Trusted Systems" approach to jurisdiction determinations in cases involving allegations of intentional torts and intellectual property infringement that occur through information technology mediated communication networks ("Network Communications"). 6 This approach hopes to address the flaws of previous Internet-specific jurisdictional frameworks: technological over-determinism and lack of intellectual grounding in traditional jurisdictional precedent. The Trusted Systems approach is a departure from existing approaches because it relies on the naturally occurring structure of human-network communication as the basis for crafting a jurisdictional paradigm. Similarly, it is novel in its ...
 
 
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