28 U.S.C 1367 was a controversial and confusing attempt by Congress to codify and address the issue of Supplemental Jurisdiction established in cases such as United Mine Workers v. Gibbs, 383 U.S. 715 (1966), Zahn v. International Paper, Co., 414 U.S. 291 (1973), and Finley v. United States, 490 U.S. 545 (1989). The Supreme Court tried to clarify some of the confusing issues regarding 1367 in a 2005 opinion. Exxon Mobil Corp v. Allapattah Servs., Inc., (2005) (Kennedy, J., writing for the Court) (Stevens, J., dissenting) (Ginsburg, J., dissenting). The question of whether the Court clarified the issue or made it more complicated remains arguably unanswered.
Wikipedia wrangling once more: the entire German edition was shut down this week over the contents of a single entry. The parents of the article's subject, a German hacker who died in 1998 under mysterious circumstances, are displeased with his real name being disclosed in the encyclopedia. It is now back online; however, the future of the family's efforts is currently unclear, not only due to the German order's debatable validity in the US - but also because the order was, initially at least, mistakenly addressed to St. Petersburg, Russia, instead of St. Petersburg, Florida.
An email sent between two cities in China probably would travel through the United States -- putting its contents under American jurisdiction.
An email sent between two cities in China probably would travel through the United States -- putting its contents under American jurisdiction. The recently approved anti-terrorism law is a "massive expansion of U.S. sovereignty" that could be used to prosecute foreign hackers. And once that precedent is established, much of global Internet communications could come under American authority.
Congress Will Hold Hearing: Is Income Tax Legitimate? Robert Schulz’s We The People Foundation announced that the Justice Department and the U.S. Congress had committed in writing to appear in a recorded public meeting with IRS representatives. There they will officially answer charges challenging the legal jurisdiction of the IRS and the illegal enforcement of U.S. income tax laws against U.S. citizens.
Yahoo appeals to U.S. District Court to avoid being regulated by the French government. This is one of the first important cases testing jurisdiction on ecommerce sites, and neither side appears to be backing down.