First, it is reasonable to assume that a Doe defendant would not consent to or waive personal jurisdiction in these circumstances. Second, “certain minimum contacts” and “reasonable expectation offacing suit in the jurisdiction” should not be deemed satisfied based solely on a defendant’s BitTorrent interaction with another defendant in a particular jurisdiction. A hypothetical best explains
this point. Assume, for example, that a plaintiff files a BitTorrent copyright suit in the District of New Jersey, alleging that he observed two defendants in a particular BitTorent swarm illegally ownloading his client’s copyrighted film. Based on the IP addresses, the plaintiff knows that Doe CA is located in California while Doe NJ is from New Jersey.160 The plaintiff argues that New Jersey has personal
jurisdiction over Doe CA because Doe CA swapped bits of data with Doe NJ while in the swarm, such that Doe CA had minimum contacts with New Jersey or reasonably expected to face suit there.