Judge Tosses AOL Spammer Lawsuit Over Jurisdiction Issue

from the jurisdiction-questions dept

Details are sketchy on this one, but it sounds like a federal judge has dismissed a lawsuit filed by AOL against some spammers because the judge claims not to have jurisdiction over the spammers. The spammers are in Florida, but AOL (and the court) are in Virginia. Once again, the question of jurisdiction online becomes important. Should the spammers be liable in Virginia because their emails hit AOL's machines (based in Virginia) or should it be filed in a Florida court?

5 Comments | Leave a Comment..


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  1.  

    The internet as its own space?

    identicon
    Brandon Berg, Dec 30th, 2003 @ 4:54pm

    I really know nothing of law, but couldn't the internet be its own domain. Instead of using traditional courts why don't we setup a seperate court system to deal with it, and treat it as an entirely seperate entity. Maybe someone knows what I'm trying to say and could put it better.

    reply to this | link to this | view in thread ]

  2.  

    Re: The internet as its own space?

    identicon
    BoilerBob, Dec 31st, 2003 @ 4:56am

    How does mail fraud work? If I'm in Florida and send you a snail mail to Virginia with a scam who prosecutes? I would say that the courts should start with mail fraud as a structure.

    reply to this | link to this | view in thread ]

  3.  

    Re: The internet as its own space?

    identicon
    thecaptain, Dec 31st, 2003 @ 11:06am

    That's a great idea, but has much of the same problems.

    1) Who gets to be the judges? The juries? Different people from different areas can have very different cultural biases that make determining law problematic on the net.

    2) No matter what you do, there's always infrastructure, court cases will not likely be completely electronic...for something serious people will demand "live" attendence...where should this be? In the offender's base area? In the victim's? In a neutral area?

    Don't get me wrong...I think its a great idea...but it has its own set of problems some of which are related to the problems faced now by courts all over the world.

    reply to this | link to this | view in thread ]

  4.  

    Re: The internet as its own space?

    identicon
    eeyore, Dec 31st, 2003 @ 12:25pm

    mail fraud is a federal crime so it isn't dependent on state jurisdiction.

    reply to this | link to this | view in thread ]

  5.  

    Re: The internet as its own space?

    identicon
    ttl, Jan 1st, 2004 @ 4:05pm

    However, spam is certainly not analogous to
    mail fraud. Spam is mass-marketing, not fraud.

    True, the goods/services offered are often
    some sort of scam, but the defining characteristic
    of spam is that it is mass-emailed indiscriminately.

    reply to this | link to this | view in thread ]


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