Abstract

JIMENEZ, William Guillermo. RULES FOR OFFLINE AND ONLINE IN DETERMINING INTERNET JURISDICTION. GLOBAL OVERVIEW AND COLOMBIAN CASES. Int. Law: Rev. Colomb. Derecho Int. [online]. 2015, n.26, pp.13-62. ISSN 1692-8156.  https://doi.org/10.11144/Javeriana.ill5-26.rood.

The development of cyberspace law poses a challenge to the traditional borders of law. The increase of activities and business deals on the internet has awakened the interest of lawyers, civil servants, businessmen, and scholars regarding the manner on how to determine internet jurisdiction. The goal of this paper is to establish the criteria for determining jurisdiction that are being used by courts when they have to resolve cases on the internet. The paper analyses academic literature and selected cases in the US, Europe, Colombia, and the world with qualitative and inductive method, using primary and secondary sources, documentary review, and direct observation techniques. The conclusions are that: 1) Differences between common or civil law systems seem to be disappearing when new rules emerge to establish jurisdiction on the internet; 2) An alternative use of both new online and traditional offline rules is observed in resolving cases by the courts, especially in the US; 3) International cases suggest that courts have applied traditional rules rather than online rules like the Zippo test, Calder tests, or the mere accessibility among others; 4) European (Germany, Netherlands) and the Colombian cases show that they prefer use offline criteria, although we can find some online rules.

Keywords : Cyberlaw; internet; jurisdiction; online rules; offline rules.

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