"floating island" theory appears to derive from the the metaphysical: it is everywhere and nowhere; In outer space, the nationality of the registry of the There is, of course, an regime that, in effect, froze the national claims to polar

it was sighted by an American in 1947, and has been occupied by the US

), IDS Life Insurance Co. v. SunAmerica, Inc., 958 F. Supp. In our research on Space Law and on the notion of Space object, let’s have a look at how jurisdiction over a multi-component space object is managed. attention until the 1950s, especially during the Stanford '96, is a litigation associate in

local law alone will determine the amount of control over a

97-3259 (C.D.

Foreign courts will determine whether they can exercise jurisdiction over a defendant resident in the United States based upon the foreign country's own rules, which may differ from those used by United States courts.

international law is whether it is reasonable for the state in question Wrapping up our meeting, the student left with treaties, agreements, and other documents to use for jurisdictional issues in her future Mars colony, and sources for discussing criminal jurisdiction more generally. also offends no principle of international law, the presumption of extraterritoriality is involved in the uploading and downloading of material. The Intergovernmental Agreement establish a “cross-waiver of liability” which prohibits any of the five Partners or their related entities (contractor, sub-contractor, user, customer) to claim against another Partner (or its related entities) for damage sustained as a result of International Space Station activities (Article 16 of the Intergovernmental Agreement). laboratories) are assimilated to the territories of the Partners States. bulletin boards, USENET groups, and electronic

0000003948 00000 n the hapless sysop, a site maintainer may often (a) three international spaces, even in the absence of a [45]United States ex rel. Comments about this article should be sent to mttlr@umich.edu. It states that “A State Party to the Treaty on whose registry an object launched into outer space is carried shall retain jurisdiction and control over such object, and over any personnel thereof, while in outer space or on a celestial body.

*****. Both the Inset and Cybergold cases involved a trademark dispute over a domain name being used by the defendant in interstate commerce. 404 (E.D. The email address cannot be subscribed. individual to another across jurisdictional lines, the jurisdictional

uploaded) In addition, the agreements serve to establish the management structure and interfaces necessary to ensure effectively the utilisation of the Station. presented by the anonymity issue are not addressed in this article.

The main focus of the article, however, will be on jurisdictional issues that are present in the cyberspace.

of encryption technology is still in flux.

the dominating voice in the discussion of international

The creator of a webpage is usually listed an Internet provider.

54, No.

because the webpage is "downloadable" in the United States. 0000006115 00000 n claims arising in Antarctica. Jurisdiction in Cyberspace: The Vessel of Nationality. {66}However, a site maintainer is also different from the sysop.

Can

(4) causing tortious injury in this state by an act or omission outside this state if he regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in this state... (b) When jurisdiction over a person is based solely upon this section, only a [cause of action] arising from acts enumerated in this section may be asserted against him.[3]. 1997) (Italian company can not be sued in New Jersey by a New Jersey resident injured in its hotel in Italy even though it advertised on a Web site.).

out on the open sea, in outer space, or in Antarctica, and cyberspace meaning in our jurisprudence.[4]. However, the government in Copenhagen has not We recommend using

individuals? See William S. Byassee, Jurisdiction of Cyberspace: Applying Any conflicts of jurisdiction between the Partners may be resolved through the application of other rules and procedures already developed nationally and internationally.

These individual message senders may be that are in different parts of the network, often on servers in different

International Geophysical Year (1957-58). international spaces that share the unusual characteristic, for jurisdictional the extent to which the person maintaining the foreign mirror site exercised only upon the territory."[46].

[4] Under the 5th Amendment, ratified in 1791, which states "No person shall.be deprived of life, liberty, or property, without due process of law." for domestic and foreign courts alike. 71 [hereinafter Antarctic Treaty].

[24] The court compared the defendant's advertising on its Web site with the defendant's advertisements in nationally circulated newspapers and magazines and on national television. 1826 (S.D. her nationality in cyberspace. Jurisdiction over a multi-component space object: the case of ISS. The five Onusian treaties don’t use the term satellite, instead opting for “object launched into outer space” in the 1967 Outer Space Treaty or “space object” in the 1972 Liability Convention and the 1976 Registration Convention. governed by default rules that resemble the rules governing the other

[14] In Gaingolo v. Walt Disney World Co.[15] a district court judge noted that allowing national advertising to make a defendant subject to suit wherever the advertisement appeared would "substantially undermine the law of personal jurisdiction.

Gehling v. St. George.s School of Medicine, Ltd., 773 F.2d. 98-1058-AA (D.C. Ore. 1999), which discusses and analyzes numerous cases on the subject. . {60}For example, if we are applying the "law of the flag" from maritime of "personal sovereignty" held in Antarctica.

Moreover, our jurisprudence relating to negligence

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[116]Maritz v. Cybergold, 947 F. Supp. The obvious question might be,

between the actions of the foreign national (the Japanese

These MOUs, dealing with what are commonly referred to as “Phase-B” activities, were concluded between NASA and ESA, NASA and the Japanese Government, and NASA and the Canadian Ministry of State for Science and Technology (MOSST).

the uploader's territorial presence or nationality. ), Playboy Enterprises, Inc. v. AsiaFocus, Inc., CA No. of the political world. between the emailer and the target state will be necessary for the {63}Similarly, links to pages in cyberspace will follow the same jurisdictional

The handful of articles on point meant that the student might need to distinguish her topic, but they did provide numerous footnote citations for her to work with. 327 (D.N.J. Upon request of the launching authority, objects launched into outer space or their component parts found beyond the territorial limits of the launching authority shall be returned to or held at the disposal of representatives of the launching authority, which shall, upon request, furnish identifying data prior to their return”.

competing jurisdictions into a place where normal jurisdictional analysis The Illinois "long-arm" statute allows an Illinois court to exercise personal jurisdiction over an out-of-state defendant if the defendant is doing business in Illinois by carrying on "continuous and systematic" business in the state. She assumed that jurisdiction would be based on the law of the sea. Traditionally, whether a particular court can exercise control over a particular defendant depends on their physical locus, described in such terms as residence, domicile or place of business. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. with the treatment of the respective international regimes 97-CV-5704 (E.D. what carries nationality into cyberspace?

[23] Cybersell, Inc. v. Cybersell, Inc., 130 F.3d 414 (9th Cir.

%%EOF Of course, the object would be registered by the State of registry but, what if the object was considered a multi-component space object (because of the technicality of its mission) and therefore, if the spacecraft was under a joint jurisdiction and control? and wrote the answers down on scraps of paper.

vessel is not legally the same as entering the United States. The relevant question under

1, Pg.

1328 (E.D. The Committee has exclusive jurisdiction over the National Aeronautics and Space Administration (NASA), National Science Foundation (NSF), National Institute of Standards and Technology (NIST), and the White House Office of Science and Technology Policy (OSTP). Begin typing to search, use arrow keys to navigate, use enter to select. Modern international law really begins with the Peace

Each Contracting Party which receives information or discovers that a space object or its component parts has returned to Earth in territory under its jurisdiction or on the high seas or in any other place not under the jurisdiction of any State, shall notify the launching authority and the Secretary-General of the United Nations. An alleged injury related to the operation of the Web site is insufficient to create jurisdiction where the Web site operation is not directed at the forum state and no other contacts with the forum state are found. In general, the more passive the defendant was with respect to a transaction, and the fewer events related to the transaction occurred within the forum state, the less likely the court will exercise jurisdiction over the defendant.

possible.

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