A Brave New Borderless World: Standardization Would End Decades of Inconsistency in Determining Proper Personal Jurisdiction in Cyberspace Cases

While various courts and numerous legal professionals have addressed the issue of inconsistent application of personal jurisdiction in cyberspace cases, the Supreme Court has yet to discuss the impact that technology might have on the analysis of personal jurisdiction; thus, many details remain unresolved. This Note examines the varying jurisdictional splits between the lower district courts, the courts of appeals, and the federal circuit court of appeals in determining the proper approach to take when dealing with Internet jurisdiction. After an examination of several key cases, this Note will explain why the Supreme Court, or the Legislature, should adopt an expanded version of the Ninth Circuit’s test in Cybersell, Inc. v. Cybersell, Inc., but with one categorical limitation, in order to standardize the test for a state’s exercise of personal jurisdiction over nonresident Internet sites. This solution merges two lines of thought and amounts to the creation of a single standardized and clear objective rule that requires “something more”—interactivity and commercialization—for non-tortious cases and the inclusion of an additional limiting factor for tortious cases in controversy. This solution fully comprehends the needs of the injured party to be made whole and couples it with the need for “something more” in order to satisfy a finding of proper personal jurisdiction over a nonresident defendant in cyberspace. Part I of this Note summarizes the traditional notions of general and specific personal jurisdiction and their applications to the physical and tangible. Part II discusses case law from several different United States district and appellate courts, analyzing the key facts on which each holding turns regarding the application of traditional jurisdiction. Part III examines the Ninth Circuit’s attempt to further clarify proper cyberspace jurisdiction in Cybersell, Inc. v. Cybersell, Inc. Part IV describes a representative sample of the different approaches and solutions legal scholars have posited to potentially solve the issue of how to properly determine cyberspace jurisdiction. Part V sets forth a workable, useful solution. Finally, the conclusion projects how the new approach will effectively adapt to future advances in technology and the positive, consistent, and stable effects a single, clear test would have on cyberspace and the Internet

A Brave New Borderless World: Standardization Would End Decades of Inconsistency in Determining Proper Personal Jurisdiction in Cyberspace Cases

While various courts and numerous legal professionals have addressed the issue of inconsistent application of personal jurisdiction in cyberspace cases, the Supreme Court has yet to discuss the impact that technology might have on the analysis of personal jurisdiction; thus, many details remain unresolved. This Note examines the varying jurisdictional splits between the lower district courts, the courts of appeals, and the federal circuit court of appeals in determining the proper approach to take when dealing with Internet jurisdiction. After an examination of several key cases, this Note will explain why the Supreme Court, or the Legislature, should adopt an expanded version of the Ninth Circuit’s test in Cybersell, Inc. v. Cybersell, Inc., but with one categorical limitation, in order to standardize the test for a state’s exercise of personal jurisdiction over nonresident Internet sites. This solution merges two lines of thought and amounts to the creation of a single standardized and clear objective rule that requires “something more”—interactivity and commercialization—for non-tortious cases and the inclusion of an additional limiting factor for tortious cases in controversy. This solution fully comprehends the needs of the injured party to be made whole and couples it with the need for “something more” in order to satisfy a finding of proper personal jurisdiction over a nonresident defendant in cyberspace. Part I of this Note summarizes the traditional notions of general and specific personal jurisdiction and their applications to the physical and tangible. Part II discusses case law from several different United States district and appellate courts, analyzing the key facts on which each holding turns regarding the application of traditional jurisdiction. Part III examines the Ninth Circuit’s attempt to further clarify proper cyberspace jurisdiction in Cybersell, Inc. v. Cybersell, Inc. Part IV describes a representative sample of the different approaches and solutions legal scholars have posited to potentially solve the issue of how to properly determine cyberspace jurisdiction. Part V sets forth a workable, useful solution. Finally, the conclusion projects how the new approach will effectively adapt to future advances in technology and the positive, consistent, and stable effects a single, clear test would have on cyberspace and the Internet

OAS1 Polymorphisms Are Associated with Susceptibility to West Nile Encephalitis in Horses

West Nile virus, first identified within the United States in 1999, has since spread across the continental states and infected birds, humans and domestic animals, resulting in numerous deaths. Previous studies in mice identified the Oas1b gene, a member of the OAS/RNASEL innate immune system, as a determining factor for resistance to West Nile virus (WNV) infection. A recent case-control association study described mutations of human OAS1 associated with clinical susceptibility to WNV infection. Similar studies in horses, a particularly susceptible species, have been lacking, in part, because of the difficulty in collecting populations sufficiently homogenous in their infection and disease states. The equine OAS gene cluster most closely resembles the human cluster, with single copies of OAS1, OAS3 and OAS2 in the same orientation. With naturally occurring susceptible and resistant sub-populations to lethal West Nile encephalitis, we undertook a case-control association study to investigate whether, similar to humans (OAS1) and mice (Oas1b), equine OAS1 plays a role in resistance to severe WNV infection. We identified naturally occurring single nucleotide mutations in equine (Equus caballus) OAS1 and RNASEL genes and, using Fisher's Exact test, we provide evidence that mutations in equine OAS1 contribute to host susceptibility. Virtually all of the associated OAS1 polymorphisms were located within the interferon-inducible promoter, suggesting that differences in OAS1 gene expression may determine the host's ability to resist clinical manifestations associated with WNV infection

Broadband Multi-wavelength Properties of M87 during the 2017 Event Horizon Telescope Campaign

Abstract: In 2017, the Event Horizon Telescope (EHT) Collaboration succeeded in capturing the first direct image of the center of the M87 galaxy. The asymmetric ring morphology and size are consistent with theoretical expectations for a weakly accreting supermassive black hole of mass ∼6.5 × 109 M ⊙. The EHTC also partnered with several international facilities in space and on the ground, to arrange an extensive, quasi-simultaneous multi-wavelength campaign. This Letter presents the results and analysis of this campaign, as well as the multi-wavelength data as a legacy data repository. We captured M87 in a historically low state, and the core flux dominates over HST-1 at high energies, making it possible to combine core flux constraints with the more spatially precise very long baseline interferometry data. We present the most complete simultaneous multi-wavelength spectrum of the active nucleus to date, and discuss the complexity and caveats of combining data from different spatial scales into one broadband spectrum. We apply two heuristic, isotropic leptonic single-zone models to provide insight into the basic source properties, but conclude that a structured jet is necessary to explain M87’s spectrum. We can exclude that the simultaneous γ-ray emission is produced via inverse Compton emission in the same region producing the EHT mm-band emission, and further conclude that the γ-rays can only be produced in the inner jets (inward of HST-1) if there are strongly particle-dominated regions. Direct synchrotron emission from accelerated protons and secondaries cannot yet be excluded

Observation of burst activity from SGR1935+2154 associated to first galactic FRB with H.E.S.S.

Fast radio bursts (FRB) are enigmatic powerful single radio pulses with durations of several milliseconds and high brightness temperatures suggesting coherent emission mechanism. For the time being a number of extragalactic FRBs have been detected in the high-frequency radio band including repeating ones. The most plausible explanation for these phenomena is magnetar hyperflares. The first observational evidence of this scenario was obtained in April 2020 when an FRB was detected from the direction of the Galactic magnetar and soft gamma repeater SGR1935+2154. The FRB was preceded with a number of soft gamma-ray bursts observed by Swift-BAT satellite, which triggered the follow-up program of the H.E.S.S. imaging atmospheric Cherenkov telescopes (IACTs). H.E.S.S. has observed SGR1935+2154 over a 2 hour window few hours prior to the FRB detection by STARE2 and CHIME. The observations overlapped with other X-ray bursts from the magnetar detected by INTEGRAL and Swift-BAT, thus providing first observations of a magnetar in a flaring state in the very-high energy domain. We present the analysis of these observations, discuss the obtained results and prospects of the H.E.S.S. follow-up program for soft gamma repeaters and anomalous X-ray pulsars

Deep observations of Kepler's SNR with H.E.S.S.

Kepler’s supernova remnant (SNR) which is produced by the most recent naked-eye supernova in our Galaxy is one of the best studied SNRs, but its gamma-ray detection has eluded us so far. Observations with modern imaging atmospheric Cherenkov telescopes (IACT) have enlarged the knowledge about nearby SNRs with ages younger than 500 years by establishing Cassiopeia A and Tycho’s SNRs as very high energy (VHE) gamma-ray sources and setting a lower limit on the distance to Kepler’s SNR. This SNR is significantly more distant than the other two and expected to be one of the faintest gamma-ray sources within reach of the IACT arrays of this generation. We report strong evidence for a VHE signal from Kepler’s SNR based on deep observations of the High Energy Stereoscopic System (H.E.S.S.) with an exposure of 152 hours, including 122 hours accumulated in 2017-2020. We further discuss implications of this result for cosmic-ray acceleration in young SNRs

Observation of burst activity from SGR1935+2154 associated to first galactic FRB with H.E.S.S.

Fast radio bursts (FRB) are enigmatic powerful single radio pulses with durations of several milliseconds and high brightness temperatures suggesting coherent emission mechanism. For the time being a number of extragalactic FRBs have been detected in the high-frequency radio band including repeating ones. The most plausible explanation for these phenomena is magnetar hyperflares. The first observational evidence of this scenario was obtained in April 2020 when an FRB was detected from the direction of the Galactic magnetar and soft gamma repeater SGR1935+2154. The FRB was preceded with a number of soft gamma-ray bursts observed by Swift-BAT satellite, which triggered the follow-up program of the H.E.S.S. imaging atmospheric Cherenkov telescopes (IACTs). H.E.S.S. has observed SGR1935+2154 over a 2 hour window few hours prior to the FRB detection by STARE2 and CHIME. The observations overlapped with other X-ray bursts from the magnetar detected by INTEGRAL and Swift-BAT, thus providing first observations of a magnetar in a flaring state in the very-high energy domain. We present the analysis of these observations, discuss the obtained results and prospects of the H.E.S.S. follow-up program for soft gamma repeaters and anomalous X-ray pulsars

The young massive stellar cluster Westerlund 1 in gamma rays as seen with H.E.S.S.

Massive stellar clusters have recently been hypothesised as candidates for the acceleration of hadronic cosmic rays up to PeV energies. Previously, the H.E.S.S. Collaboration has reported about very extended $\gamma$-ray emission around Westerlund 1, a massive young stellar cluster in the Milky Way. In this contribution we present an updated analysis that employs a new analysis technique and is based on a much larger data set, allowing us to constrain better the morphology and the energy spectrum of the emission. The analysis technique used is a three-dimensional likelihood analysis, which is especially well suited for largely extended sources. The origin of the $\gamma$-ray emission will be discussed in light of multi-wavelength observations

Revisiting the PeVatron candidate MGRO J1908+06 with an updated H.E.S.S. analysis

Detecting and studying galactic gamma-ray sources emitting very-high energy photons sheds light on the acceleration and propagation of cosmic rays presumably created in these sources. Currently, there are few sources emitting photons with energies exceeding 100 TeV. In this work we revisit the unidentified source MGRO J1908+06, initially detected by Milagro, using an updated H.E.S.S. dataset and analysis pipeline. The vicinity of the source contains a supernova remnant and pulsars as well as molecular clouds. This makes the identification of the primary source(s) of galactic cosmic rays as well as the nature of the gamma-ray emission challenging, especially in light of the recent HAWC and LHAASO detection of the high energy tail of its spectrum. Exploiting the better angular resolution as compared to particle detectors, we investigate the morphology of the source as well as its spectral properties