Internet Jurisdiction and Intermediary Liability

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Abstract

This chapter seeks to set the scene and make some proposals for how we may make progress in the field of internet jurisdiction. For this purpose, the chapter will focus on three examples where the matter of internet jurisdiction is a major concern for internet intermediaries. The first relates to the validity of the terms of service that internet intermediaries typically impose on their users, and which typically contain important provisions regarding jurisdiction and applicable law. The second example relates to situations in which law enforcement agencies seek access to user data held by internet intermediaries. Such situations give rise to important matters of jurisdiction, not only where the requesting law enforcement agency and the internet intermediary are based in different countries, but may also—as was illustrated in the well-known Microsoft Warrant case—give rise to such issues where the requested data is stored outside the country in which both the law enforcement agency and the internet intermediary are based. The third example relates to the matter of geographical scope where an internet intermediary is required to remove, block, take down, delist, de-index, or de-reference content.
Original languageEnglish
Title of host publicationOxford Handbook of Online Intermediary Liability
EditorsGiancarlo Frosio
PublisherOxford University Press
Chapter36
Number of pages20
ISBN (Electronic)9780198837138
ISBN (Print)9780198837145
DOIs
Publication statusE-pub ahead of print - May 2020

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  • Cite this

    Svantesson, D. J. B. (2020). Internet Jurisdiction and Intermediary Liability. In G. Frosio (Ed.), Oxford Handbook of Online Intermediary Liability Oxford University Press. https://doi.org/10.1093/oxfordhb/9780198837138.013.36