- Go through the major topics in the outline.
- In general: jurisdiction – fundamental set of issues which address legal concerns across
- Cases which deal with jurisdiction
- Generality of digital evidence
- Addition of technology – not just the internet – raise issues across the legal field
- 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
o Connection between the two sides that is sufficient for the entity to be held in
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