Monday, February 12, 2007
The venue and jurisdiction for Internet and computer related cases presents many problems for the defendant. Laurie Cohen's article in the Wall Street Journal, "Internet's Ubiquity Multiples Venues to Try Web Cases," captures the fact that the government has all the cards when it comes to selecting the venue for a Internet related case. After all the WorldWideWeb allows anyone to access anything anywhere. As Former Attorney General Janet Reno said - "A hacker needs no passport and passes no checkpoints." It will be interesting to see if Congress starts considering the vast prosecutorial discretion they are giving to the government by not setting forth explicit rules of venue and jurisdiction when dealing with Internet related offenses.