ABA Internet Jurisdiction Project Chicago-Kent College of Law Illinois Institute of Technology Henry H. Perritt, Jr., Dean & Professor of Law Margaret G. Stewart, Professor of Law & Reporter

Introduction and overview Jurisdiction in a federal system Internet as a paradigm ABA Jurisdiction project: themes and alternatives

Jurisdiction in a federal system Affirmative assertion of jurisdiction: state law Subject to due process constraints under federal constitution ~ limits on adjudicatory jurisdiction under customary international law

Internet as a paradigm Contract –Compuserve v. Patterson –Forum selection clauses Tort (AT, TM, Banking, Defamation) –claim arises out of minimum contacts = purposeful availment –+ fair play and substantial justice

Zippo continuum P(j) Passive site Contracts with residents; knowing, repeated exchange Interactive site Cybersell Zippo Millenium Int’l Star Registry Targeting

ABA Internet Jurisdiction Project: themes and alternatives

Additional issues Virtual employment Details of hybrid regulation –minimum public law requirements –backup enforcement by public agencies –mechanisms for deference