CCT206 Review

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Communication, Culture and Technology
Anthony Wensley

CCT206 Review - Go through the major topics in the outline. - In general: jurisdiction – fundamental set of issues which address legal concerns across the board - Cases which deal with jurisdiction - Generality of digital evidence - Addition of technology – not just the internet – raise issues across the legal field Jurisdiction - Jurisdiction – 2 things: what it’s all about, and number of procedures to do that. - Identification of the problem, and the process in terms of the cases looked at - Gutnick vs. Wall street, Bangoura vs. Washington Post o Jurisdictional problem with the Gutnick case – brought in Victoria, province of Australia o Connection between the two sides that is sufficient for the entity to be held in court o Is it enough if you have the Wall Street Journal being called into court for a single person in the province of Victoria? - Usual test in US is the minimal contact rule, Canada is Reasonable Unsubstantial Connection, Australia is similar - Courts look at the case to see if they have power over it - Effects test: jurisdiction and defamation test o A court has jurisdiction if in its jurisdiction there is a person or organization who is harmed by the defamation o Likelihood of getting sued in another jurisdiction for defamation is high - Zippo case for jurisdiction o US court tried to develop some sort of defining of what minimum contact is o Passive and active websites in terms of exchanging information o Accessing a passive site does not constitute minimum contact o A court could reach out if
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