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<i><b>e-Civil Rights:</i></b> Internet Rights Are Governed By Federal Analysis

By Jonathan Bick
August 28, 2007
It's a basic concept: Civil rights protection is a function of a person's physical location. State courts use their constitutions to expand civil-liberties protections beyond those rights granted by the federal Constitution's Bill of Rights.

Across the nation, New Jersey, New York, Oregon, California, Texas, Maine and others have identified additional constitutional protections beyond those in the federal document. Because Internet transactions transcend state boundaries, however, states might be restrained from applying such additional protections to Internet transactions.

Internet Is Not Governed By Each State

The states' ability to grant broader protections is based on the presumption that states are nominally sovereign in each state's jurisdiction. The notion of sovereignty, in turn, relies on a state's ability to police its jurisdiction effectively. But the Internet's multi-jurisdictional characteristics diminish a state's police power and substantiate the limitation of civil liberties, with respect to Internet transactions.

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