full-disclosure - Example of Legal Ruling involving Internet Issues: >> Re: Yahoo and inheiriting someone's email

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Message-ID: <56600C3FCD14014DBE2A5816936EB1B0364CFB@HQ-EXVS03.anteon.com>
From: MRMyers at anteon.com (Myers, Marvin)
Subject: Example of Legal Ruling involving Internet
	Issues: >> Re: Yahoo and inheiriting someone's email

One of the core issues here is or should be whether or not the defendant
specifically targeted the residents of the state where the plaintiff is
trying to claim jurisdiction. There are many websites out there that may
be advertising products and or services that may be illegal for sale or
use in my state, but unless they are specifically targeting residents of
my state or forcing their websites upon the people of my state, then it
should be the jurisdiction of the state where the entity claims
residence that has ultimate jurisdiction. 

In the case of the Yahoo E-mail issue, I believe that the e-mails should
belong to the estate of the dead soldier, just as any other article that
was originally intentioned to belong to him now belongs to his estate
after his death. It would be a sad situation where all of a person's
belongings were deemed to belong to the person who had possession of the
goods at the time of death of an individual. Yahoo should turn the
e-mails over to the soldier's e-state and allow the executor of the
e-state to determine the ownership of the e-mails during the course of
probate. 

Just my opinion, to which I am entitled.
Marvin R. Myers  CISSP

-----Original Message-----
From: full-disclosure-bounces@...ts.netsys.com
[mailto:full-disclosure-bounces@...ts.netsys.com] On Behalf Of Steve
Kudlak
Sent: Tuesday, January 04, 2005 6:24 PM
To: fulldis
Subject: [Full-Disclosure] Example of Legal Ruling involving Internet
Issues: >> Re: Yahoo and inheiriting someone's email

Here is an example of a court ruling that involves legal issues and the 
Internet, where there was a "real world" way thing have been done with 
real world things and a representation that since the Internet was 
global it meant that one was "targeting people in Maryland" . It also 
relates to the convoluted depths some legal things can become. It is 
long but it gets some idea of how courts work in matters like these. It 
likes at:

http://www.mdd.uscourts.gov/Opinions152/Opinions/shamsuddin11302004.pdf

Have Fun,
Sends Steve

.

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