United States' and Australian principles on internet jurisdiction: A case for Australia to consider United States' hegemony on jurisdiction
Source: International Review of Law, Computers & Technology, Volume 26, Number 1, 1 March 2012 , pp. 49-58(10)
Abstract:The United States and Australia have been facing the issue of internet jurisdiction. The United States is an epitome of a country that has considered the challenges posed by the internet to the traditional law. It has developed its own tests to help resolve the issue, which have evolved over time and in comparison with other jurisdictions, and it has been successful. Conversely, the Australian legal system is in a stage of infancy regarding such challenges and has developed its own approach. This paper focuses on the anomalies between the United States' and Australian principles or approaches to internet jurisdiction by analysing and discussing the three leading cases that are benchmarks in the respective jurisdictions. Finding the fundamental difference between the two approaches, the paper elucidates the United States hegemony on internet jurisdiction by comparing the shortcomings of the respective cases. Finally, this paper makes a case for the Australian courts to consider an approach based on the one practised by the United States courts to tackle the ever-evolving issue of internet jurisdiction.
Document Type: Research Article
Affiliations: 1: Sessional Teaching Associate and PhD student, School of Business, Department of Business Law and Taxation,Monash University, Churchill,Victoria, Australia 2: Coordinator in Information Technology Law and Corporations Law, Chief Examiner and Main Supervisor for PhD, Senior Lecturer, School of Business, Department of Business Law and Taxation,Monash University, Churchill,Victoria, Australia
Publication date: 2012-03-01