The Continuing Conundrum of International Internet Jurisdiction

Abstract

International law has long been concerned with resolving issues of international jurisdiction; however, the unique circumstances involved in Internet cases have thrown a wrench in the traditional machinary of international jurisdiction law. Domestic courts continue to struggle with the issue, and the international community has dragged its feet on developing a uniform standard for determining international Internet jurisdiction. Further complicating matters, states often have divergent substantive Internet regulations and policies. This Note discusses and analyzes the leading cases and theories on international Internet jurisdiction and concludes that none of the current proposed solutions alone provide a satisfactory solution. Nevertheless, an international resolution on internet jurisdiction that borrows elements from each of these proposals could be successfully established.