Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Binary test (1)
- CDNs (1)
- Congressional oversight (1)
- Constitutional powers (1)
- Content delivery networks (1)
-
- Cyber-attacks (1)
- Cyber-operations (1)
- Cyberwar (1)
- Defend Forward (1)
- Due process (1)
- Escalation (1)
- Foreign affairs powers (1)
- Intelligence law (1)
- Intention (1)
- Jurisdiction (1)
- Long-arm statute (1)
- Measurability (1)
- Private international law (1)
- Rejoinder (1)
- SSRN (1)
- Targeting test (1)
- War powers (1)
- Zippo’s test (1)
- Publication
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Internet Law
Internet Jurisdiction: Using Content Delivery Networks To Ascertain Intention, Patrick Lin
Internet Jurisdiction: Using Content Delivery Networks To Ascertain Intention, Patrick Lin
LL.M. Essays & Theses
Specific jurisdiction in civil litigation centers on the rather general,yet immutable, concept of intention. Although the word “intention” does not surface prominently in the personal jurisdiction case law, it is clearly intrinsic to the concept of “purposeful availment”. On the Internet, however, intention is hard to ascertain: how does a court, for example, determine whether the defendant intended that its website, application, or advertisement within a mobile application should end up in the forum state? In answering such a question, courts have historically used one of two approaches to establish intent: (i) a targeting test or (ii) a degree of …
Cyberattacks And The Constitution, Matthew C. Waxman
Cyberattacks And The Constitution, Matthew C. Waxman
Faculty Scholarship
Contrary to popular view, cyberattacks alone are rarely exercises of constitutional war powers – and they might never be. They are often instead best understood as exercises of other powers pertaining to nonwar military, foreign affairs, intelligence, and foreign commerce, for example. Although this more fine-grained, fact-specific conception of cyberattacks leaves room for broad executive leeway in some contexts, it also contains a strong constitutional basis for legislative regulation of cyber operations.