A cyber crime or cyber tort may come within the cyberspace territorial jurisdiction of many states, as it may involve multiple victims living in the real world. This article studies the novel concept of correlating traditional jurisdiction aspects with cyberspace jurisdiction for the purpose of trying cyber offences. The determining principles and factors that justify the exercise of jurisdiction by a State for a cyber crime have been identified in the paper. The author strongly feels that conventional notions of the jurisdiction can well be applied to the new cyber-environment by correlating both the State cyberspace jurisdiction and personal cyberspace jurisdiction because, though the forum is new, the parties still exist in physical space and are not electronic personas.
Cyberspace
is a global network and it has become a medium not only for
entertainment, but also an important source of information
and news distribution. Cyberspace is an endless network and
electronic territory, connecting computers and other electronic
devices located in many countries/states or satellites or
even out of earth and in a different planet or galaxy, if
there is a possibility for wireless electronic connection
and communication which probably will be achieved in the future.
Cyberspace's architecture and structure facilitate freedom
of expression. The increasing pervasiveness of the cyberspace
it creates, along with its transformative impacts (global
reach), create a range of entirely new challenges for police
questioning their traditional local dominance over the security
domain, and could, in fact, marginalize them entirely. The
concept of cyber-crime not only produces problems for the
police-because cyberspace-related offences take place within
a worldwide context, whereas crime tends to be nationally
defined-but policing cyberspace is also a complex affair by
the nature of policing and security being networked.
Cyberspace
and related technologies have eroded the capacity of society
to enforce criminal laws since they apply to attacks on communications
between computers, on data stored in computers and on real
world systems controlled by computers or other electronic
devices. Cyber crime refers to crimes committed by use of
computer technology, either alone or in conjunction with real-world
acts. Crime control requires some system to be in place which
ensures that rule violators are identified, apprehended and
sanctioned. A criminal using technology can commit thousands
of crimes fast and with little effort. Since much of the conduct
involved in committing the crime occurs in an electronic environment,
the "physical" evidence, if any, is evanescent and
volatile; and cybercriminals, unlike their real-world counterparts,
can enjoy ideal anonymity.
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