F. Suggested Class Room Discussion TopicConsider the following two proposals for defining personal jurisdiction in cyberspace:
1) Personal jurisdiction and choice of law must be determined based on where the server supporting your web site is located. There are two exceptions to this rule: (a) Consumer transactions are not covered by this rule; and (b) Assertion of jurisdiction to vindicate some social values, such as prevention of child pornography, would be exempt from this rule.
2) A proposal for determining personal jurisdiction in cyberspace by Allan R. Stein:
Personal jurisdiction should be based on an analysis of the following three factors: (a) Is the activity directed at a particular forum? Does the forum have a distinguishable and differentiated claim over other forums; (b) The nature of the activity - is it illegal, socially undesirable and the like; and (c) To what extent does the threat of jurisdiction undermine the underlying activity in question, such as electronic commerce? Allan R. Stein, The Unexceptional Problem of Jurisdiction in Cyberspace, 32 Int'l Law. 1167 (1998).