September 2009

Two Recent NY Cases Show that the Jurisdiction Issue Is Still Tangled

By Stephen M. Kramarsky

Every day, courts must address questions that from a technical perspective simply make no sense. One of the most basic is: "Where is the Internet?" From its earliest origins, the Internet was designed with a distributed structure; it was designed to make certain the answer to that question would be: "Who cares?" Unfortunately, as is so often the case, the law lacks that kind of flexibility. It requires an answer.

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