What Was the Internets Role In The Jurisdiction Decision?
Although both the majority and the dissent purported to apply traditional, long-established personal jurisdiction rules, did the fact that the material at issue was posted on the Internet play a role? Certainly. The majority worried that if even “passive” sites could be liable, “mere use of the Internet would subject the user to personal jurisdiction in any forum where the site was accessible.” And targeting an industry, it insisted, was not the same as targeting a state. Otherwise, “plaintiffs connected to the auto industry could sue any defendant in Michigan, plaintiffs connected to the financial industry could sue any defendant in New York, and plaintiffs connected to the potato industry could sue any defendant in Idaho.” On the other hand, the dissent worried that the majority’s opinion could allow lawbreakers to hide behind the Internet, knowingly causing harm in a particular state but still escaping being sued there. The dissenters agreed with the majority that “the maintenance o
