Personal Jurisdiction and the Internet: Applying Old Principles to a New Medium

The internet has led to new legal questions about when someone can be sued in a different state. Courts have said that in order for someone to be sued in another state, they have to have enough contact with that state so that it’s fair to sue them there. The courts have used three categories to determine this: passive, interactive, and commercial. This is an important issue for businesses and individuals who do things online, and it’s something that lawyers have to advise their clients on. Categories of Internet contacts can be passive, commercial, or interactive. Courts often look to the level of interactivity and the commercial nature of the exchange of information in determining personal jurisdiction. The Calder v. Jones case set a precedent for personal jurisdiction being exercised in California over non-resident defendants in a defamation suit, based on the effects of their conduct in California. This decision was applied to the Internet context in a case involving illegal software being posted online, where the court found that the defendant’s actions had a direct effect on the industry in California, justifying personal jurisdiction. In the case of Cybersell, Inc. v. Cybersell, Inc., the court decided that a Florida company’s website did not show an intent to target residents of Arizona, so they couldn’t be sued there. In another case, a Connecticut company was sued in Florida because their website could be accessed by Florida residents. The court said that actively trying to get business through the internet could make a company subject to being sued in that state. In the case of Net Trade, a court decided not to take on a case involving a brokerage company with websites accessible to Florida residents. The court said the company did not purposefully do business in Florida and could not have expected to be taken to court there. The company’s websites were also meant for other states, and it didn’t sell its services to Florida residents. The court also said that the interactive features of the websites were important but not the only factor in the decision. This suggests that Florida courts may be hesitant to take on cases involving companies with online connections to the state. In this case, a court had to decide if lawyers from Georgia could be sued in Florida. The lawyers had a website that let people from all over the country contact them for help with their cases. The court said that the website could make the lawyers have to go to court in Florida. But in the end, the court decided the people suing didn’t prove when the website was up or what it said at the time. This case shows how hard it can be to use the internet as evidence in court, because websites can change a lot over time. Basically, Florida courts are cautious about saying that using the internet in the state gives them the right to take legal action against someone in Florida. In a specific case, the court said that just because a New York company used a Florida-based online system, it didn’t mean they could be sued in Florida. The court worried that if they allowed that, it would affect people from all over the country who use online services. They thought it wouldn’t be fair. A court case in Florida is trying to figure out if internet activity can be used to sue someone in the state. Some judges say yes, while others say it’s too complicated for old laws to cover. Eventually, the big courts will make a decision, but for now, it’s interesting to see how the law is trying to keep up with the internet. These are references to court cases that discuss how the law applies to businesses operating on the internet. They involve issues like when a company can be sued in a particular state based on its online activities, and what kind of online activities might make a company subject to being sued in a certain state. Rhoda J. Yen is a lawyer who works in West Palm Beach and helps people with employment issues and business disagreements. She got her law degree from Georgetown University and also studied government and mathematics at the University of Maryland.

Source: https://www.floridabar.org/the-florida-bar-journal/personal-jurisdiction-and-the-internet-applying-old-principles-to-a-new-medium/