Jurysdykcja międzynarodowa Stanów Zjednoczonych w sporach domenowych (na przykładzie decyzji w sprawie sieci Botnet Waledac)
International jurisdiction in the United States in cases involving domain-names (the Botnet Walledac decision case-study)

Summary/Abstract: The author discusses the consequences of Virginia D.C. temporary restraining order against 27 anonymous defendants, resulting in the blocking of 273 domain names, dully registered by foreign individuals. The in rem proceedings were conducted based on personal jurisdiction over the Doe Defendants. This case constitutes a dangerous precedent for exercising jurisdiction over electronic contacts, creating actually a universal competence of the Virginia court. To support this thesis the paper contains a brief summary of the precautious U.S. jurisdictional practice in Internet cases exercised so far. The author presents the evolution of the U.S. judiciary and its noteworthy achievements in setting the jurisdictional standards for cyberspace (e.g. limiting the effective jurisdiction and applying the effects test). She also briefly discusses the international principles of jurisdiction and their applicability (or lack thereof) in the U.S. national legal system. Neither the U.S. judiciary practice nor the international law principles were reflected in this February 2010 Waledac decision, making it a dangerous turning point for all international e-business cases.

• Details
• Contents