Cyber Law

Essay samples

CyberLaw

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CyberLaw

InBlimka v. My Web Wholesalers, LL. the Idaho district court determinedthat the plaintiff was liable for the tort of fraud and ordered thatdefendant be compensated for such actions (Perdoni, 2011). With theprevalence of cases on internet fraud, many states in America havesought to protect residents from incidents of electronic fraud as iswith the case with the state of Idaho.

Idaho’slong-arm statute ensured that its resident Blimka need reprieve fromthe fraudulent actions of My Web Wholesalers propagated over theinternet. The courts in Idaho also provide that if a defendant isaggrieved over transactions made over the internet, he or she doesnot need to move to the state in which the plaintiff resides to presscharges (King, 2011). The defendant can do so in a court withsufficient jurisdiction to hear such a matter and initiate theprocess of notifying the plaintiff of such action regardless of thestate in which the plaintiff resides.

Thishowever does not imply that all other states can pursue such actionsas in the case in Idaho. For instance, according to Meiners, Ringleband Edwards (2014), a plaintiff from Wisconsin aggrieved by a sellerfrom the state of California will have to travel to Wisconsin to filesuch a case and seek legal redress. However, nationwide sellers suchas Amazon are subject to the jurisdiction of all the states wherethey do business.

MyWeb Wholesalers could not move to a Federal court to raise itsgrievances, as it had to follow the hierarchy of the court system(Steele, 2012). More so, this would be in contravention of thejustice system and would overburden the higher courts with a case,which could be handled, by a lower court.

References

King,K. F. (2011). Personal Jurisdiction, Internet Commerce, and Privacy:The Pervasive Legal Consequences of Modern Geolocation Technologies.Alb.LJ Sci. &amp Tech.,21,61.

Perdoni,M. L. (2011). Revising the Analysis of Personal Jurisdiction toAccommodate Internet-Based Personal Contacts. DCLRev.,14,159.

RogerE. Meiners, R. E., Ringleb, A. H &amp Edwards, F. (2014). TheLegal Environment of Business.New York: Cengage Learning.

Steele,J. M. (2012). Use of the Internet and Personal Jurisdiction. OfficialPublication of the Idaho State Bar,25