Who Rules the Net? Internet Governance and Jurisdiction

By Adam Thierer; Clyde Wayne Crews Jr. | Go to book overview

9
International Liability for Internet
Content: Publish Locally, Defend
Globally
Kurt Wimmer

For decades, international treaties have promised freedom of expression “regardless of frontiers.” 1 The global Internet finally has provided a means by which this promise may be achieved. Geopolitical frontiers, however, remain crucial to issues of responsibility and risk even on a borderless medium such as the Internet. This is particularly true for U.S. media companies that now find themselves being sued or prosecuted in foreign courts for libel, invasion of privacy, or other causes of action based on content accessed through the Internet outside of the United States.

The prospect of foreign litigation is a constant challenge for publishers because of the complexity, inconvenience, and expense involved in defending an action outside one's home country. But these traditional concerns pale next to the greatly increased risk profile of publishing on the Internet at all because of the growing potential for a foreign court or prosecutor to seize jurisdiction over an Internet content dispute and apply local law that does not protect speech as robustly as does U.S. law governed by the First Amendment. International plaintiffs, governments, and courts have begun using the Internet to manipulate jurisdictional principles to avoid application of the First Amendment to claims against the U.S. media's publication of content through the Internet.

Recent cases from Australia to Zimbabwe highlight the danger of the exercise of international jurisdiction against foreign Internet publishers. A just-commenced consultation by the European Commission, moreover, proposes applying the law of the plaintiff's country to all Internet-related tort disputes, regardless of where the content is published, accessed, or hosted. The problem of foreign Internet content liability is most vexing for U.S. media companies

-239-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Who Rules the Net? Internet Governance and Jurisdiction
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 499

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

    Already a member? Log in now.