[bestbits] New book on Internet & jurisdiction

[Eduardo Bertoni]

Dear friends and colleagues,

Please find below a brief note that I just posted in my blog
<http://ebertoni.blogspot.com.ar/2015/04/jurisdiction-and-choice-of-law-when.html>
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 paper
<https://www.cigionline.org/publications/primer-globally-harmonizing-internet-jurisdiction-and-regulations>
that it is also cited in the note.

Best

e

Eduardo Bertoni



*Jurisdiction and choice of law when online content could damage privacy or
honor*



Michael Chertoff and Paul Rosenzweig are the authors of the recently
published document A PRIMER ON GLOBALLY HARMONIZING INTERNET JURISDICTION
AND REGULATIONS
<https://www.cigionline.org/publications/primer-globally-harmonizing-internet-jurisdiction-and-regulations>.
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 editor Ad-Hoc <www.editorialadhoc.com>.



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.



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 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.



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."



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.
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