Document Type
Article
Abstract
This Article proposes a standard for Internet jurisdiction that recognizes the geographic borders now possible for Internet conduct. Purposeful availment analysis should look to an Internet user’s ability to target or avoid a forum by using geolocation to ascertain his true intent. To reach this conclusion, I will first examine the current state of Internet jurisdiction analysis by summarizing the traditional minimum contacts analysis, examining the competing standards for Internet jurisdiction, and contemplating how the law could change as a result of a case currently before the U.S. Supreme Court. Thereafter, I will contrast the U.S. Internet jurisdiction analysis to the international approach. I will then define geolocation and examine different geolocation technologies, as well as their performance and limitations. Finally, I will discuss how the purposeful availment doctrine can incorporate geolocation to create a more logical, due process-oriented approach to Internet jurisdiction analysis.
Recommended Citation
Tracie E. Wandell,
Geolocation and Jurisdiction: From Purposeful Availment to Avoidance and Targeting on the Internet,
16 J. Tech. L. & Pol'y
(2011).
Available at: https://scholarship.law.ufl.edu/jtlp/vol16/iss2/4