Many courts are not familiar with the peculiarities and interworkings of cyberspace. Thus, jurisdiction is exercised by these courts merely based on the act of the information's being downloaded. Exercise of jurisdiction in such a situation may be in violation of the due process guarantees of the U.S. Constitution. Before discussing jurisdiction, it is important to understand how a BBS functions.
BBSs are computers set up to receive and exchange information with other computers.
Generally, a BBS's computer is located in one geographic area and a subscriber may call into that BBS to access its information. When a subscriber identifies information it wants to acquire, it may take that information and download the information into its computer. Essentially, this could be a one-sided transaction where all the BBS does is answer the phone and allow downloading or uploading of information by the subscribers. However, a BBS may also send information to its subscribers' computers. In addition, the question of whether the case is a civil proceeding or a criminal proceeding could also significantly affect the determination of jurisdiction.