Jurisdiction
Jurisdiction
Unlike state laws that emanate from the common law right of the states to legislate against many types of crime, the federal criminal law must have an appropriate jurisdictional basis to avoid constitutional challenge. The subsections of the Computer Fraud and Abuse Act reflect different jurisdictional bases.FN20
West Virginia is the only state to specifically define personal jurisdiction in a computer crime case. It provides that any person who violates any provision of a computer crime law, and in doing so, accesses, permits access to, causes access to or attempts to access a computer, computer network, computer data, computer resources, computer software or computer program, which is located in whole or in part, within West Virginia or passes through this state in transit, shall be subject to criminal prosecution and punishment in West Virginia and to the civil jurisdiction of the courts of this state.FN21
Cumulative Supplement
Cases:
Individual who, while residing in Russia, gained root access to business's computers in Connecticut obtained access to business's intangible property, for purposes of Computer Fraud and Abuse Act (CFAA), in Connecticut, even if data was moved from Connecticut computer to computer located in Russia, and thus federal court in Connecticut had subject matter jurisdiction over individual's prosecution. 18 U.S.C.A. § 1030(a)(4). U.S. v. Ivanov, 175 F. Supp. 2d 367 (D. Conn. 2001); West's Key Number Digest, Telecommunications Key Symbol461.15.
The transmission of photographs by means of the Internet is tantamount to moving photographs across state lines and thus constitutes transportation in interstate commerce. U.S. v. Albert, 195 F. Supp. 2d 267 (D. Mass. 2002); West's Key Number Digest, Commerce Key Symbol59.
Nonresident spammer: Exercise of specific personal jurisdiction in Virginia over nonresident defendants which allegedly transmitted millions of unsolicited bulk e-mails (UBEs or spam) to and through internet service provider's (ISP) servers in Virginia did not violate due process; defendants reasonably should have expected to be haled into court in Virginia for deliberately exploiting ISP's e-mail servers for pecuniary gain while trespassing on ISP's property, the causes of action under Virginia Computer Crimes Act, the Federal Computer Fraud and Abuse Act, as well as common law trespass to chattel and conspiracy arose from defendants' activities in Virginia, and defendants' actions had a substantial enough connection with ISP and Virginia to make the exercise of personal jurisdiction over defendants constitutionally reasonable. U.S.C.A. Const.Amend. 14; 18 U.S.C.A. §§ 1030 et seq.; West's V.C.A. §§ 18.2 to 152.2 et seq. Verizon Online Services, Inc. v. Ralsky, 203 F. Supp. 2d 601 (E.D. Va. 2002); West's Key Number Digest, Constitutional Law Key Symbol305(5).
Wire Act, Travel Act and Wagering Paraphernalia Act all apply to operation of an Internet casino licensed by a foreign government, despite the fact that the betting instructions are transmitted from outside the United States over the Internet. 18 U.S.C.A. §§ 1084(a), 18 U.S.C.A. §§ 1952, 1953(a). People ex rel. Vacco v. World Interactive Gaming Corp., 714 N.Y.S.2d 844 (Sup 1999); West's Key Number Digest, Commerce Key Symbol82.10.
Foreign corporation's New York activities were sufficient to meet the minimum contacts requirement for personal jurisdiction, where corporation worked from New York in conjunction with another New York-based company to design the graphics for an Internet gambling casino, downloaded, viewed, and edited Internet casino website from its New York headquarters, and engaged in advertising campaign all over the country to induce people to visit website and gamble, knowing that the ads were reaching thousands of New Yorkers. U.S.C.A. Const.Amend. 14. People ex rel. Vacco v. World Interactive Gaming Corp., 714 N.Y.S.2d 844 (Sup 1999); West's Key Number Digest, Corporations Key Symbol665(1).
Foreign corporation and its Antiguan subsidiary violated both Wire Act and Travel Act by establishing Internet gambling site in Antigua; Internet site created a virtual casino within the user's computer terminal, and by hosting the casino and exchanging betting information with the user, an illegal communication in violation of the Wire Act and the Travel Act occurred. 18 U.S.C.A. §§ 1084(a), 1952. People ex rel. Vacco v. World Interactive Gaming Corp., 714 N.Y.S.2d 844 (Sup 1999); West's Key Number Digest, Commerce Key Symbol82.10.