May 22, 2007

ORIN KERR LOOKS AT CYBERSPACE JURISDICTION AND THE DORMANT COMMERCE CLAUSE: “Existing dormant commerce clause doctrine largely traces David’s policy concerns, as it looks at the effect of one state’s regulation on other states and considers the need for a single consistent regulatory scheme. If a state statute that regulates computer usage is read to have such broad extraterritorial scope, it may be invalided on dormant commerce clause grounds. See, e.g., American Libraries Ass’n. v. Pataki, 969 F.Supp. 160 (S.D.N.Y.1997).”

I agree, and in fact published this article in the Virginia Law Review back in 1996, setting out pretty much the same theory as the Pataki case.

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