International Conflict of Law: Online Aspects, Part Three - Substantive Issues
Learn about the four guiding principles of substantive law.
Although in an online context, the United States does not normally claim that its laws apply extraterritorially, it does have the power to do so, subject to four guiding principles, the territorial principle, the nationality principle, the protective principle, and the principle of respect. Extraterritorial application of United States substantive law regarding the Internet has never been much of an issue, in large part because Congress and the courts have consistently respected these four principles in enacting and construing U.S. law. This white paper reviews these principles and discusses why the same cannot be said regarding attempts by other nations to apply their substantive law to persons within the United States.
Practices in the areas of Internet and technology law, intellectual property law (including trademark registrations for non-U.S. companies), business and corporate law, international and domestic commercial transactions, virtual currency law, privacy law, and drone law (law of unmanned aerial systems or UAS); frequent speaker on topics related to the Internet, digital technology law, international private law, and legal ethics
Author of the 2019 edition of Stuckey & Ellis, Internet and Online Law (Law Journal Press), and the author of numerous articles and op-ed pieces regarding legal topics
Twice testified before Congress on information law topics
Served as chair of the Ohio State Bar Association’s International Law Committee, as chair of its OSBA's Digital Technology Law Committee, and as a member of the OSBA's Ad Hoc Committee on Multijurisdictional Practice
J.D. degree, Antioch School of Law; B.A. degree, Ohio State