In Roche v. Worldwide Media, Inc., the United States District Court for the Eastern District of Virginia discussed the issue of personal jurisdiction in the context of cyberspace. The court determined that Worldwide Media's web site was passive and that asserting personal jurisdiction based solely on the maintenance of a web site, without more, would violate the Due Process clause of the Fourteenth Amendment. The Roche decision reaffirmed the Eastern District of Virginia's position on personal jurisdiction in the context of cyberspace. Specifically, this decision applies the logic of the "sliding scale" test borrowed from the United States District Court for the Western District of Pennsylvania and adopted by the Eastern District of Virginia. The "sliding scale" test incorporates the spirit and intent of the International Shoe "minimum contacts" test to address whether the exercise of personal jurisdiction over a defendant based on the operation of a web site alone is consistent with due process.
Roche v. Worldwide Media, Inc.: Evaluating Where Minimum Contacts Meets Cyberspace, 31 Golden Gate U. L. Rev.