Internet Law

Internet Law - INTERNET LAW 1. Business and the Internet $...

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INTERNET LAW 1. Business and the Internet $ The Internet makes communication of information and ideas very easy and fast $ Traditional laws (fraud, breach of contract, tort, criminal law, federal and provincial regulation) apply to transactions and activities conducted online $ Primary difficulties in internet law are: (a) determining jurisdiction; and (b) enforcement $ Also, the laws in place are not always adaptable to internet transactions and the courts, lawmakers and regulators have been slow to react 2. Jurisdiction $ The Internet is not restricted to one country or state – there are no ‘borders’ $ Laws may apply, but difficulty is in determining which laws $ Impossible for businesses to comply with every law of every jurisdiction $ Often unclear as to who to sue and where to sue $ Even if a state has jurisdiction, there may be great difficulty in enforcing the laws that apply $ Taxation becomes difficult or impossible when jurisdiction cannot be determined $ General rules is: a state will have jurisdiction if the person being sued is resident in the jurisdiction or the jurisdiction is where the activity complained about took place $ Problem is that internet information is available to anyone with a computer $ Many jurisdictions have passed ‘long arm’ statutes, allowing them to take extra- jurisdictional action even where no resident is directly involved $ Canadian courts appear willing to take jurisdiction where there is a ‘real and substantial connection’ between the act complained of and the province involved, however, jurisdiction
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Internet Law - INTERNET LAW 1. Business and the Internet $...

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