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Outline The core question of this site is the following: “Can
personal jurisdiction be exercised by U.S. courts based on a foreign defendant’s
website activity?”
U.S. courts addressing the issue of whether personal
jurisdiction can be constitutionally exercised over a defendant look to the
nature and quality of commercial activity that an entity conducts over the
Internet. U.S. courts generally categorize Internet use into a spectrum of three
areas:
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At the one end of
the spectrum, there are situations where a defendant clearly does business
over the Internet by entering into contracts with residents of other states
which involve the knowing and repeated transmission of computer files over the
Internet. In this situation, personal jurisdiction is proper.
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At the other end of
the spectrum, there are situations where a defendant merely establishes a
passive website that does nothing more than advertise on the Internet. With
passive websites, personal jurisdiction is not appropriate.
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In the middle of
the spectrum, there are situations where a defendant has a website that allows
a user to exchange information with a host computer. In this middle ground,
the exercise of jurisdiction is determined by the level of interactivity and
commercial nature of the exchange of information that occurs on the Website.
Applicable law
Detailed information
Personal
Jurisdiction Revised
Transacting Business
Passive Websites
Something more
Effects Test
Electronic Brochure
Summary
Frequently asked questions
Useful links
This site has been prepared by:
Dr. Peter C. Honegger, LL.M.
Niederer Kraft & Frey
Bahnhofstrasse 13
8001 Zurich
Switzerland
Phone +41 58 800 8000
Fax +41 58 800 8080
E-mail: peter.c.honegger@nkf.ch
www.nkf.ch
April 2006 | 
