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United States' and Australian principles on internet jurisdiction: A case for Australia to consider United States' hegemony on jurisdiction.
- Source :
-
International Review of Law, Computers & Technology . Mar2012, Vol. 26 Issue 1, p49-58. 10p. - Publication Year :
- 2012
-
Abstract
- The United States and Australia have been facing the issue of internet jurisdiction. The United States is an epitome of a country that has considered the challenges posed by the internet to the traditional law. It has developed its own tests to help resolve the issue, which have evolved over time and in comparison with other jurisdictions, and it has been successful. Conversely, the Australian legal system is in a stage of infancy regarding such challenges and has developed its own approach. This paper focuses on the anomalies between the United States' and Australian principles or approaches to internet jurisdiction by analysing and discussing the three leading cases that are benchmarks in the respective jurisdictions. Finding the fundamental difference between the two approaches, the paper elucidates the United States hegemony on internet jurisdiction by comparing the shortcomings of the respective cases. Finally, this paper makes a case for the Australian courts to consider an approach based on the one practised by the United States courts to tackle the ever-evolving issue of internet jurisdiction. [ABSTRACT FROM PUBLISHER]
- Subjects :
- *INTERNET laws
*JURISDICTION
*HEGEMONY
*JUSTICE administration
*COURTS
Subjects
Details
- Language :
- English
- ISSN :
- 13600869
- Volume :
- 26
- Issue :
- 1
- Database :
- Academic Search Index
- Journal :
- International Review of Law, Computers & Technology
- Publication Type :
- Academic Journal
- Accession number :
- 72033399
- Full Text :
- https://doi.org/10.1080/13600869.2012.646795