Tofig Kurbanov v. UMG Recordings, Inc., et al.
DueProcess Copyright Privacy
Whether the Due Process Clause is violated when a foreign citizen is subjected to personal jurisdiction based on operation of a website and minor internet-based transactions
QUESTION PRESENTED The Court should grant certiorari to address whether the Due Process Clause of the United States Constitution is violated when a foreign citizen is subjected to personal jurisdiction based entirely on: (1) his operation of a website that is popular both within the United States and worldwide, but which is not specifically aimed at the United States; and (2) minor internet-based and internet-initiated transactions entered into by the foreign citizen entirely from outside the United States. Certiorari should be granted because: (1) the lower courts are divided on this issue, an issue which this Court has not previously addressed; (2) the issue arises frequently; (3) a proper determination is crucial to respect the sovereignty of foreign nations and to avoid the widespread imposition of de facto national jurisdiction over the operators of any popular website wherever the internet is accessible; and (4) by reversing the district court’s dismissal of the action, the Fourth Circuit decided the issue incorrectly.