When 'Web Presence' Creates Jurisdiction
In today's New York Law Journal online, Stephen M.
Kramarsky explores the increasingly complex jurisdiction
issues surrounding businesses' web presence.
Says Kramarksy: "a modern Web site for a company based
in Chicago might be designed in New York, coded in California,
supported in India, connected via a Virginia Internet service
provider and hosted on servers in the Bahamas (offshore hosting
being more and more common for both cost and privacy reasons)."
The author examines relevant New York law, concluding that
"given the endless variations in e-commerce models that are now
beginning to appear, and the legal consequences of fairly small
distinctions in defendants' situations, these cases make it clear
that careful, case-by-case analysis will be increasingly important
in Internet jurisdiction cases in the future."
Kramarsky explores the increasingly complex jurisdiction
issues surrounding businesses' web presence.
Says Kramarksy: "a modern Web site for a company based
in Chicago might be designed in New York, coded in California,
supported in India, connected via a Virginia Internet service
provider and hosted on servers in the Bahamas (offshore hosting
being more and more common for both cost and privacy reasons)."
The author examines relevant New York law, concluding that
"given the endless variations in e-commerce models that are now
beginning to appear, and the legal consequences of fairly small
distinctions in defendants' situations, these cases make it clear
that careful, case-by-case analysis will be increasingly important
in Internet jurisdiction cases in the future."
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