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For years, courts have struggled with the growth of online commerce. Among the most perplexing problems are issues of personal jurisdiction. In particular, courts are often called on to answer the question of “where” an activity takes place when it occurs over the internet — a question that, from a technological standpoint, has no answer. In fact, the fundamental structure of the internet confounds that question. The internet is a “distributed” network — that is, all of its major functions take place across multiple computers in widely diverse geographic locations.

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