Peaceful coexistence, jurisdiction and the internet

I am typing this on the transatlantic flight to Canada, destination the Global Internet and Jurisdiction Conference in Ottawa (#OttawaGIJC).  This seems like a good time to set down some propositions that, even if they do not command universal agreement, I believe are central to the debate about internet and jurisdiction.First, something about what we mean by jurisdiction. We shouldn’t get too hung up on this, because jurisdiction is mostly used just as shorthand for cross border legal liability. But lawyers use the single word jurisdiction to mean several different things and, if we are not careful, we can end up talking at cross-purposes.In a nutshell, there is:Prescriptive jurisdiction. This is simply the assertion, however theoretical, as to the reach of a local law. If the UK had passed a law making it illegal for UK citizens to read the banned book Spycatcher when visiting the USA, that would be an assertion of prescriptive jurisdiction. Another example is when…

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