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Towards understanding personal jurisdiction in cyberspace: An overview of American try‐out for internet cases

Mohammad Osiur Rahman (Department of Computer Science and Engineering, Chittagong University, Chittagong, Bangladesh)
Nour Mohammad (Department of Law, BGC Trust University Bangladesh, Chittagong, Bangladesh)
Mohammad Mahabubur Rahman (Bangladesh Judicial Service, Chittagong, Bangladesh)

International Journal of Law and Management

ISSN: 1754-243X

Article publication date: 16 May 2008

Abstract

Purpose

The purpose of this paper is to show that the internet together with cyberspace form an “everywhere and nowhere proposition” and to discuss numerous problems concerning legal issues, the most vital being confusion as to jurisdiction.

Design/methodology/approach

The research was based upon theoretical sources and empirical data.

Findings

It was found that a probable solution could be extracted from the US experience for all the nations coming under the virtual framework of cyberspace. Some hi‐tech nations are facing this problem; and the USA is one of them. Even the USA – a large federal state – faces the jurisdictional problem and conflict as regards its own provinces; and the US courts, legal institutions and intellectuals are resorting to established principles of law – domestic or international. Decisions of US cases have been keenly observed to find out how the US courts and legal scholars have taken the help of traditional territorial tenets and precepts to resolve jurisdictional conflict. In many cases, US courts and legal scholars have shown their interest to adopt personal jurisdiction.

Originality/value

With the USA being a representative type of hi‐tech nation, US attitude and practice could usher the way for all other upcoming hi‐tech nations.

Keywords

Citation

Osiur Rahman, M., Mohammad, N. and Mahabubur Rahman, M. (2008), "Towards understanding personal jurisdiction in cyberspace: An overview of American try‐out for internet cases", International Journal of Law and Management, Vol. 50 No. 3, pp. 105-120. https://doi.org/10.1108/17542430810877445

Publisher

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Emerald Group Publishing Limited

Copyright © 2008, Emerald Group Publishing Limited