The Legal World Wide Web: Electronic Personal Jurisdiction in Commercial Litigation, or How to Expose Yourself to Liability Anywhere in the World with the Press of a Button

Abstract

This Article addresses the problem created for courts in deciding when to assert personal jurisdiction over out-of-state parties based on electronic contacts. Section II discusses the traditional personal jurisdiction tests propounded by the U.S. Supreme Court. Section I reviews recent case law analyzing personal jurisdiction and electronic contacts via the Internet, through e-mail and other electronic data contacts, and by website presence. Section IV discusses the modes of communication that courts have analogized to the Internet and how these courts have resolved jurisdictional issues when facing more traditional contacts such as mail and advertising. Section V discusses the future of personal jurisdiction, concluding that current overreaching by some courts stems from misapplication of personal jurisdiction precedent. Proper application of the spirit of the Supreme Court's personal jurisdiction decisions and the concept of "purposeful availment" will avoid the nightmare of a legal world wide web. Section V also discusses the implications of the current state of the law for businesses using the Internet, and some basic steps these businesses may take to attempt to regain some control over their jurisdictional exposure and avoid personal jurisdiction in unknown states for commercial litigation. The Internet may be a way to increase the reach of a state's power. However, a more restrained analysis based on how much a party has really purposefully availed itself to a particular jurisdiction will permit the Internet to function advantageously while continuing citizens' current level of access to their states' courts.