<div dir="ltr"><div><div><div class="gmail_signature">Dear friends and colleagues,</div><div class="gmail_signature"><br></div><div class="gmail_signature">Please find below a brief note that I just posted in my <a href="http://ebertoni.blogspot.com.ar/2015/04/jurisdiction-and-choice-of-law-when.html">blog</a> regarding the publication of my new book. The main topic of the book -jurisdiction and choice of law when online content could damage privacy or reputation- it has been also discussed in a recent <a href="https://www.cigionline.org/publications/primer-globally-harmonizing-internet-jurisdiction-and-regulations">paper</a> that it is also cited in the note.</div><div class="gmail_signature"><br></div><div class="gmail_signature">Best</div><div class="gmail_signature"><br></div><div class="gmail_signature">e</div><div class="gmail_signature"><br></div><div class="gmail_signature">Eduardo Bertoni</div></div><div class="gmail_signature"><br></div><div class="gmail_signature"><img src="cid:ii_i8voq7sx0_14cebcc1edbb4433" width="337" height="454" style="margin-right: 0px;"><br><br></div><div class="gmail_signature">
<p class="MsoNormal"><b><span style="font-family:Arial">Jurisdiction and choice of
law when online content could damage privacy or honor</span></b></p>
<p class="MsoNormal"><span style="font-family:Arial"> </span></p>
<p style="margin:0.1pt 0in"><span style="font-family:Arial">Michael Chertoff and Paul Rosenzweig are the
authors of the recently published document </span><span style="font-family:Arial"><a href="https://www.cigionline.org/publications/primer-globally-harmonizing-internet-jurisdiction-and-regulations">A PRIMER ON GLOBALLY HARMONIZING INTERNET
JURISDICTION AND REGULATIONS</a></span><span style="font-family:Arial">. In the document, they address a problem that has not yet been
resolved and that the cited title sufficiently describes. As a consequence of
reading this work, I am interested in highlighting the coincidences with a few
of the considerations outlined in my book, “Defamation on the Internet,
problems of jurisdiction and applicable law,” which was just published in
Argentina by the <a href="mailto:www.editorialadhoc.com">editor Ad-Hoc</a>.</span></p>
<p style="margin:0.1pt 0in"><span style="font-family:Arial"> </span></p>
<p style="margin:0.1pt 0in"><span style="font-family:Arial">Thanks to the Internet, the possibility of
content distribution has a never-before-seen reach. In addition, the places
this content ends up are increasingly unknown by the author. All of this has an
enormous impact in the legal world. The general problem that I address in my
book is related to the problem of determining jurisdiction and the applicable
law in cases of possible damages to honor – and to privacy – through content
produced and received by subjects located in different countries. </span></p>
<p class="MsoNormal"><span style="font-family:Arial"> </span></p>
<p class="MsoNormal"><span style="font-family:Arial">To
respond to this problem, as I demonstrate in my book, distinct solutions may be
adopted, which I refer to as models: the model that follows the server – the
applicable law on jurisdiction follows the place where the data is hosted -, that
which follows the author – it follows the place where the author<a name="_GoBack"></a> is or his/her citizenship-, and that which follows the
victim – the same as the last model, except now with regard to the victim.
These are models that I construct from judicial decisions from the United
States, the United Kingdom, Australia, and various countries in Latin America. </span></p>
<p class="MsoNormal"><span style="font-family:Arial"> </span></p>
<p class="MsoNormal"><span style="font-family:Arial">Chertoff
and Rosenzweig offer similar alternatives: "We propose a choice-of-law
rule based on either: the citizenship of the data creator; the citizenship of
the data subject; one based on the location where the harm being investigated
has taken place; or one based on the citizenship of the data holder or
custodian."</span></p>
<p class="MsoNormal"><span style="font-family:Arial"> </span></p>
<p class="MsoNormal"><span style="font-family:Arial">The
coincidences we have are evident. But perhaps the most significant is that it
will be difficult to resolve this problem without an agreement between the
States that choose one of the proposed models. The coming years will tell us if
this agreement is possible. </span></p>
<p class="MsoNormal"><span style="font-family:Arial"> </span></p>
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