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WorldLII >> Categories >> Subjects >> Cyberspace >> Jurisdictional Issues

• A v Google New Zealand Ltd [2012] NZHC 2352 [Search]
  A case concerning the relationship between different parts of Internet intermediaries’ corporate structure
• At the Crossroads – The proposed Hague Convention and the future of Internet defamation
  Dr Dan Svantesson (Computer Law & Security Report Vol. 18 Issue 3) (Word format)
• Australian Competition & Consumer Commission v 1Cellnet LLC [2004] FCA 1210 (16 September 2004) [Search]
  Case relating to jurisdiction over Internet pyramid scheme
• Australian Competition & Consumer Commission v Chen [Search]
  [2002] FCA 1248 (8 October 2002). The so-called "Sydney Opera House case" involving Internet fraud.
• Bangoura v Washington Post: Case Comment [Search]
  Student paper by Matthew Baird
• Bangoura v. The Washington Post [Search]
  Judgment (16/9 - 05) of the Court of Appeal for Ontario relating to jurisdiction in Internet defamation cases.
• Bangoura v. Washington Post, 2004 CanLII 26633 (ON S.C.) (2004-01-27) [Search]
  Judgment (27/1 - 04) of the Superior Court of Justice for Ontario relating to jurisdiction in Internet defamation cases.
• Borders on, or border around – the future of the Internet
  Article by Dr Svantesson. Published in Albany Law Journal of Science & Technology, Vol. 16 No. 2 (2006); pp. 343 – 381.
• Breeden v. Black 2012 S.C.C. 19 [Search]
  Supreme Court of Canada case concerning jurisdictional issues in Internet defamation dispute.
• Citron et al v. Zundel
  Canadian case in which the Canadian Human Rights Tribunal asserted jurisdiction over a Website located in California. 2002-01-18
• CPT's Page on Jurisdiction in Cyberspace [Search]
• Cyberjurisdiction - Emerging Issues and Conflicts of Law When Overseas Courts Challenge Your Web
  Examines Jurisdiction in the 'Real' World, Recent Developments in the Courts, Cyberspace, the Need for New Legislation and Recent Developments in Australia, Options other than Legislation. Written by Bernadette Jew, 28 September 1999 (Gilbert + Tobin)
• David R. Johnson and David G. Post, 'Law And Borders--The Rise of Law in Cyberspace'
  48 Stanford Law Review 1367 (1996)
• Defamation in an Electronic Environment -Where do we go from here? [Search]
  Student paper by Cecilia Werner
• Defamation on the Web [Search]
  Written by Dr Roger Clarke. Supplies a good introduction to the problems and in addition gives a few thoughts on jurisdictional aspects (Version of 2 October 2001)
• Dow Jones & Co Inc v Gutnick: Negotiating 'American Legal Hegemony' in the Transnational World of Cyberspace [Search]
  Article by Brian Fitzgerald, (2003) 27 Melbourne University Law Review 590
• Dow Jones & Company Inc. v Gutnick [Search]
  High Court of Australia [2002] HCA 56 (10 December 2002)
• Dow Jones & Company, Inc v Gutnick M3/2002 (28 May 2002) [Search]
  (High Court of Australia Transcript)
• Duffy v Google INC & Anor [2011] SADC 178 [Search]
  A South Australian District Court case concerning the relationship between different parts of Internet intermediaries’ corporate structure.
• Eileen Weber v. Jolly Hotels [Search]
  U.S. District Court for the District of New Jersey, No. CIV a 96-2582, Sept. 12, 1997
• Electronic Commerce Part One: A Guide for the Legal and Business Community (Report 50)
  A report from the Law Commission of New Zealand (1998). Chapter 6 deals with conflict of laws in New Zealand and Appendix D supplies a brief introduction to the private international law of England, Wales, Australia, Canada, United States, France, Germany, Japan, South Korea, People's Republic of China and Taiwan. In PDF format
• Electronic Commerce Part Three: Remaining Issues (Report 68)
  A report from the Law Commission of New Zealand (2000). Chapter 3 deals with conflict of laws
• Electronic Commerce Part Two: A Basic Legal Framework (Report 58)
  A report from the Law Commission of New Zealand (1999). Chapter 14 deals with conflict of laws in New Zealand
• The events surrounding the denial of tenure to the late Dr David Rindos by the University of Western Australia [Search]
  1997 report which discusses the landmark online defamation case, Rindos v Hardwick, in Western Australia (Public Administration Committee of the Legislative Council of WA)
• Geo-identification – Now They Know Where You Live
  Article by Dr Svantesson. Published in Privacy Law & Policy Reporter, Vol. 11 No 6 (April 2005); pp. 171 – 174.
• Geo-location Technologies – A Brief Overview
  Dr Dan Svantesson (Conference paper presented at Cyberspace 2004: Normative Framework, October 2004, Brno Czech Rep.)
• Godfrey v. Demon Internet Limited [1999] EWHC QB 244 (26th March, 1999)
  Internet defamation
• Gutnick v Dow Jones & Co Inc [Search]
  Supreme Court of Victoria. [2001] VSC 305 (28 August 2001)
• International Jurisdiction in European Union E-Commerce Contracts [Search]
  This article deals with jurisdictional issues regarding e-commerce in the European Union. Maintained by Norel Rosner (On LLRX.com - Law Library Resource Xchange)
• Internet Jurisdiction and Global E-Commerce [Search]
  American Bar Association
• INVESTASIA LTD. AND ANOTHER v. KODANSHA CO. LTD. AND ANOTHER HCA012519/1997 - [1999] HKCFI 522 (18 May 1999)
  Internet defamation (Hong Kong SAR, Court of First Instance)
• Is There a There There? Toward Greater Certainty for Internet Jurisdiction
  By Michael Geist (In PDF format)
• Jurisdiction and applicable law in electronic commerce [Search]
  Policy statement from ICC (Electronic Commerce Project (ECP)'s Ad hoc Task Force, 6 June 2001)
• Jurisdiction and the Internet; Are the Traditional Rules Enough? [Search]
  Ogilvy Renault (1998)
• Jurisdictional issues and consumer protection in cyberspace: the view from down under [Search]
  Bygrave and Svantesson (2001)
• Jurisdictional Issues and the Internet – A Brief Overview
  Dr Dan Svantesson (Conference paper presented at Cyberspace 2003: Normative Framework, October 2003, Brno Czech Rep. (Word format)
• Kanitz v. Rogers Cable Inc - Time to rethink Article 4 of the proposed Hague Convention? [Search]
  Article by Dan Svantesson. Published in Computer Law & Security Report Vol. 18 Issue 5 (September/October 2002)
• The Legal Implications of Geo-identification [Search]
  Conference paper presented by Dr Dan Svantesson at Australasian Law Teachers Association Conference July 2005, Hamilton New Zealand.
• Legal liability for Internet based cross-border provision of medical advice, information and products
  Dr Dan Svantesson (Conference paper presented at the 9th Greek/Australian International Legal and Medical Conference, June 2003, Rhodes Greece) (Word format)
• Macquarie Bank Limited & Anor v Berg [Search]
  New South Wales Supreme Court. [1999] NSWSC 526 (2 June 1999)
• Menashe Business Mercantile Ltd. & Anor v William Hill Organization Ltd.
  [2002] EWHC 397 (Patents) (15th March, 2002) Patent dispute in which the location of the server was deemed irrelevant (on BAILII)
• On Line Courts - The future of governmental on line resolution [Search]
  Student paper by Björn Johansson
• Online Consumer Protection: a Study on Regulatory Jurisdiction in Canada [Search]
  Roger Tassé and Maxime Faille, July 2001
• Personal Jurisdiction In Cyberspace - Where Can You Be Sued, And Whose Laws Apply? [Search]
  An article on the development of the law of personal jurisdiction based on Internet and World Wide Web contacts in the USA.
• Phillips Nizer Benjamin Krim & Ballon LLP [Search]
  Contains summaries of several important US cases relating to jurisdiction in Internet Law.
• The Place of Action Defence – A Defamation Defence for the globalised world of the 21 st Century
  Dr Dan Svantesson (Conference paper presented at Australasian Law Teachers Association Conference, July 2004, Darwin Australia) (Word format)
• Playboy Enterprises v. Frena, 839 F.Supp. 1552 (M.D. Fla. 1993) [Search]
• PLPR, Cases and complaints: Macquarie Bank v Berg [Search]
  Privacy Law and Policy Reporter (July/August 1999 - Volume 6, No.2). Article by Zoe Parry
• Recent Developments on International Internet Governance [Search]
  Student paper by Carla Brumpton
• The Relation between Public International Law and Private International Law in the Internet Context [Search]
  Conference paper presented by Dr Dan Svantesson at Australasian Law Teachers Association Conference (July 2005), Hamilton New Zealand (Word format)
• To be, or not to be, borderless – the future of the Internet [Search]
  Conference paper presented by Dr Dan Svantesson at Cyberspace 2005: Normative Framework (November 2005), Brno Czech Rep. (Word format)
• Trkulja v Google (No 5) [2012] VSC 533 [Search]
  A Victorian Supreme Court case concerning the relationship between different parts of Internet intermediaries’ corporate structure.
• Ward Group Pty Ltd v Brodie & Stone Plc [2005] FCA 471 [Search]
  Internet Trademark dispute raising jurisdictional issues