Internet Jurisdiction Essay

2751 words - 11 pages

Some of the things that the Nordstrom website offers to their customers include: customers can signup for an online account, shop from the Nordstrom's catalog, check their order and shipping status, pay their monthly Nordstrom bill, purchase gift cards and certificates, chat live with an online customer service representative or beauty specialist, signup to receive emails and physical mail, Nordstrom will respond to customers emails, and they provide phone numbers where customers can order products by phone.I would definitely say that there is no confusion here (or at least there shouldn't be) as to whether this website is passive or interactive. Because the site is interactive, one might think that it would be safe to say that Nordstrom would definitely be subject to personal jurisdiction. That is however not exactly the case here.I am sure there are many people who shop online that never take the time to read the "terms and conditions" on the site they are ordering from, but I have always thought that it is a wise thing to do. The first time I ever ordered from the Nordstrom site I looked over the terms and conditions, and the last paragraph states the following:"Applicable LawThe Site is intended for viewing only in the USA. The law applicable to the interpretation and construction of these Terms and Use and any transaction (including sales of products) using or related to the Site, shall be the laws of the State of Washington, USA without regard to conflict of laws. All proceedings relating to the Site, these Terms of Use, or any transaction, including the sale of any products, using this Site, shall be brought only in the state or federal courts of King County, Seattle, Washington, USA, and you and Nordstrom® do hereby consent to the jurisdiction and venue of such courts." (Nordstrom, Inc., 2007)This whole paragraph falls under "Conflict of Laws". The first part (in red) is what is called a "Choice of Law Clause". This basically means that if a person from another state goes online and purchases products from Nordstrom, and for some reason or another decides to bring a claim against Nordstrom, chances are Washington State law will govern the dispute.The second part (in blue) is called a "Forum Selection Clause" and a "Choice of Venue". Basically, when a person from another state goes online and orders products from Nordstrom, and for some reason or another they decide to bring a claim against Nordstrom, chances are they will have to do so in the state or federal courts (jurisdiction), in the State of Washington (Forum), in the City of Seattle, King County (Venue).The court will uphold these clauses for the most part, however, there can be complications and this area of law can definitely be subject to exceptions. (Heydary, J., 2005).In addition, I would be willing to bet that there is something with the first sentence as well, "The Site is intended for viewing only in the USA". I really do not know for sure, but just guessing, I could...

Find Another Essay On Internet Jurisdiction

Legal and Geographic Issues on the Internet

2086 words - 8 pages Legal and Geographic Issues on the Internet   Abstract    Many states and nations have conflicting laws regarding what type of digital content is legal.  When content is legal at its place of origin but illegal where it is downloaded the laws become unenforceable because no single jurisdiction applies.  International cooperation and Internet fragmentation are potential solutions, but neither is currently viable.  This paper discusses how

Internet Law And The Economy Essay

1379 words - 6 pages high tech. The antitrust laws don't apply to us.' That is not an acceptable defense." (Uhlfelder, 2000) Predators exist everywhere and the internet is no exception. There are always people who take advantage of certain faults in human nature and the very naïve. Because the internet is international, jurisdiction of authority is almost always questionable. Things that are illegal in the United States may be perfectly legal in other

Legal Aspects of Supply Chain Management

2683 words - 11 pages hard to achieve in the EU because there are several different countries and each one has its own law and legislation. Contracting via internet involves some problems and issues such as the validity of a contract in the web, the e-signature, which jurisdiction and law may apply to you and the problem of the taxation. I explored some problems of contracting online. The article 5 chapter II of the EU directive 2000/EC

Forum Selection Clauses - An Argument for Their Use Case precedents and arguments on why forum selection clauses included in contracts should be legal and binding

1850 words - 7 pages asked in order to determine jurisdiction or forumis whether the company was doing business in that particular forum. With a traditional "bricks and mortar" sales effort this question is easily resolved. However, when we are dealing with e-commerce, this is often the most difficult one to answer.The traditional test for jurisdiction for Internet sites is found in Zippo Manufacturing v. Zippo Dot Com Inc. 952 F.Supp. 1119 (W.D.Pa. 1997)(2 ECLR 197

VAT and Small Business

831 words - 3 pages in a jurisdiction they didn’t think they did. A business may have sales tax nexus if it has a physical presence (office, warehouse, agency, employees, shipping point, etc) in a particular state. There are nuances to be careful of for each jurisdiction. For example, a state may deem you to have a physical presence even if you make regular visits there but no actual employees. Secondly, it is important to realize whether you are selling

Communication over the net and how the Net will effect the economy

822 words - 3 pages communication over the internet will mean that it will be a lot easier to communicate.· Why there is no jurisdiction over this means of communication.A major principal of law and order is to control a certain area and population. Laws that apply to one state or province don't necessarily apply to another. Just like in Amsterdam you can order a slice of hashish with your coffee and if you did the same in Singapore you would be executed. The

Internet censorship

3430 words - 14 pages they are in the jurisdiction of said laws.Creating new laws to censor the Internet, like the CDA, are a vain attempt to enforce laws that would not be acceptable on a global level. The CDA attempts to regulate the entire Internet. Enforcing United States laws in foreign countries would be absurd because the United States does not have jurisdiction in foreign countries. It would be ridiculous to assume that those living in foreign countries would

Internet, a part of global communication

770 words - 3 pages and faster ways in communication. Fiber optic technology is probably the next major wave in technology. Fiber optic communication over the internet will mean that it will be a lot easier to communicate.· Why there is no jurisdiction over this means of communication.A major principal of law and order is to control a certain area and population. Laws that apply to one state or province don't necessarily apply to another. Just like in

The Concerns of Internet Censorship

4110 words - 16 pages "obscene" material, which is defined as "patently offensive sexual acts, normal or perverted, actual, or simulated." (Macavinta) These examples show that creating a new set of laws for the Internet are unnecessary because federal, state and local laws already apply to users of the Internet if they are in the jurisdiction of said laws. Creating new laws to censor the Internet, like the CDA, are a vain attempt to enforce laws that would not be

Cyberstalking

838 words - 3 pages , punishable as provided in s. 775.082 or s. 775.083” (The 2013 Florida Statutes) a case will then be built. As internet usage becomes more prominent in our society cyberstalking is a rising crime. Unfortunately, lack of law enforcement training and expertise, anonymity, and jurisdiction limitations pose a huge burden and frustration on the victim as well as the law enforcement agency’s themselves. As more and more cases come to light more

Internet Governance

2166 words - 9 pages R. "Surfing Around the Sales Tax Byte: The Internet Tax Freedom Act,Sales Tax Jurisdiction and the Role of Congress." Albany Law Journal of Science & Technology 2002 12 Alb. L.J. Sci. & Tech. 619Grewlich, Klaus W. "Internet Governance", "In Larger Freedom" and "the InternationalRule of Law" - Lessons from Tunis.Sharma, Amol. "World Seeks a Wider Web Role." CQ Weekly Online (November 14,2005): 3042-3048.Twomey, David P., Jennings, Marianne Moody.Business Law: Principles for Today's Commercial Environment, 2ehttp://www.internet2.edu/about/ "About Us" , Internet 2.http://www.arin.net/index.shtmlhttp://www.unicttaskforce.org/

Similar Essays

Court Cases On Internet Jurisdiction Essay

1081 words - 5 pages court ordered Yahoo! to pay a penalty of 10,000 Francs to LICRA . Following the French decisions, Yahoo! filed a suit in the U.S. District Court for the Northern District of California seeking a declaratory judgment that the French court's orders were neither recognizable nor enforceable under the laws of the United States. Zippo manufacture v. Zippo Dot Com This case is a landmark opinion regarding internet jurisdiction , and it is one of

Internet And Personal Jurisdiction. When Is A Web Page Creator Subject To A State's Jurisdiction?

772 words - 3 pages mentioned by Christopher Wolf, in the article entitled "Internet Jurisdiction" some can fall in the middle being neither interactive nor passive. "Many cases have fallen in the middle, being neither strictly interactive nor passive. These cases include situations where a defendant operates an informational Web Site, but also allows a user to exchange information with the host computer by providing an e-mail address, a toll-free telephone number or other

Essay

834 words - 4 pages by US laws and regulations, even if those laws do not apply to the country that they are living in. The Bodog.com case, for instance, shows multiple implications due to US internet jurisdiction. Bodog.com was a free online sports gaming website that was registered in the Canada by Calvin Ayre. The website was known to have limited access to US citizens and was thus seized by Homeland Security for conducting illegal gambling business (Bodog.com

E Business Legal Issues Essay

718 words - 3 pages IntroductionBy all accounts e-business promises to continue its explosive growth, internet usage is doubling every year. E-business websites are private property and because they are in cyberspace there is an implied invitation to visit them. With ever increasing use of the internet in business important legal issues arise and must be dealt with need. Besides the legal aspects of e-business Riordan Manufacturing must also consider its