2016•Masaryk University Journal of Law and TechnologyOpen access

Nostradamus Lite – Selected Speculations as to the Future of Internet Jurisdiction

Dan Jerker B. Svantesson

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Abstract

This paper examines and analyses current trends in the field of Internet jurisdiction, including the troubling development of overly broad claims of 'scope of jurisdiction', the increasing interest in so-called geo-location technologies and the tendency of litigants targeting Internet intermediaries. A handful of recent key judgments from around the world are also analysed, and an effort is made to identify and present key projects and other initiatives currently dealingwith the topic of Internet jurisdiction. Based on observations flowing from this analysis, a selection of speculations as to the future of Internet jurisdiction is presented.It will be shown that while the topic of Internet jurisdiction is currently gaining an unprecedented degree of attention and, while progress is being made, there are several serious hurdles in relation to which we have seen little or no progress over the past 20 years. In addition, there are new dangerous trends emerging, adding to the concerns for the future direction of Internet jurisdiction.

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What this paper is about

This paper examines and analyses current trends in the field of Internet jurisdiction, including the troubling development of overly broad claims of 'scope of jurisdiction', the increasing interest in so-called geo-location technologies and the tendency of litigants targeting Internet intermediaries. A handful of recent key judgments from around the world are also analysed, and an effort is made to identify and present key projects and other initiatives currently dealingwith the topic of Internet jurisdiction. Based on observations flowing from this analysis, a selection of speculations as to the future of Internet jurisdiction is presented.It will be shown that while the topic of Internet jurisdiction is currently gaining an unprecedented degree of attention and, while progress is being made, there are several serious hurdles in relation to which we have seen little or no progress over the past 20 years. In addition, there are new dangerous trends emerging, adding to the concerns for the future direction of Internet jurisdiction.

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Available abstract

This paper examines and analyses current trends in the field of Internet jurisdiction, including the troubling development of overly broad claims of 'scope of jurisdiction', the increasing interest in so-called geo-location technologies and the tendency of litigants targeting Internet intermediaries. A handful of recent key judgments from around the world are also analysed, and an effort is made to identify and present key projects and other initiatives currently dealingwith the topic of Internet jurisdiction. Based on observations flowing from this analysis, a selection of speculations as to the future of Internet jurisdiction is presented.It will be shown that while the topic of Internet jurisdiction is currently gaining an unprecedented degree of attention and, while progress is being made, there are several serious hurdles in relation to which we have seen little or no progress over the past 20 years. In addition, there are new dangerous trends emerging, adding to the concerns for the future direction of Internet jurisdiction.

Key concepts: Jurisdiction, The Internet, Scope (computer science), Intermediary, Key (lock), Business, Political science, Law

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