Although a Web server that stored and transmitted pornographic images was physically located in the United States, Japanese courts convicted a man of obscenity charges in March because he intended the images to be viewed by Japanese citizens.
The Osaka court ruled Atushi Maekawa, 32, guilty, claiming the right to prosecute because Maekawa resided in Japan. The court sentenced him to 18 months in jail plus a three-year suspended sentence.
This case could set a precedent for courts around the world regarding Internet law. While the Net, by nature, is without boundaries, this case suggests that any country can assert jurisdiction over Net activity if they can demonstrate that the activity is targeted within their jurisdiction. This case takes the reliability out of a webmaster's argument that the 'server is located elsewhere.'
Because of the lack of Internet case law, rulings like this could sway judges worldwide when rendering a decision. While many people feel that domestic laws apply to content on the Internet, enforcing this tends to be sticky. Usually courts take the route of prosecuting based on the server being in the jurisdiction or the person (such as Maekawa) living in the jurisdiction.
