Jurisdiction in Cyberspace

Term Paper # 103191

Computer and Technology
Law

A look at the factors to consider when determining jurisdiction in cyberspace.

4,708 words () | 11 sources | MLA | 2008 United States

Paper Summary:

This paper discusses how, as cyberspace is a communication system that surpasses all territorial boundaries and the users are free to access information from unknown physical locations, geographical borders should not apply in determining the proper jurisdiction for a cause of action. The paper contends that there must be an evolution of new and entirely independent rules to govern the jurisdiction on the net and that the countries in harmonization with each other must evolve a uniform law governing cyberspace jurisdiction.

Outline:
Introduction
Relation of Jurisdiction with State and Sovereignty
Determination of Jurisdiction
Analysis of Disputed Jurisdiction Cases
Conclusion and Suggestion

From the Paper:

"In nutshell sovereignty is founded upon the fact of territory and therefore without territory a legal person cannot be a state. The territorial jurisdiction of states and the jurisdictional limits of the municipal courts are still based on the territorial theory. According to this theory every state has jurisdiction over everything situated within and over every person present within the territories. Quid quid est in territorio es estian de territoria. This follows that the municipal courts have jurisdiction over person and every thing present within the jurisdiction. Another manifestation of the territorial theory is found on the principle of allegiance. This principle means that all those persons who are present within the jurisdiction owe allegiance to their state and it is their duty to obey its laws and orders wherever they might be. "

Sample of Sources Used:

Ankit Majumdar, 'Jurisdiction and the internet' as published in, Kamath N., "Law Relating to Computers, Internet and E-commerce" 19, (Universal Law Publishing Co. Pvt Ltd. ed. 2000)
Tomlins's Law Dictionary as cited in Manohar.V.R, " Concise Law Dictionary" 468 (Wadhwa & Company Nagpur ed. 1997)
Masilamani, N., & Anup Kurvilla John., "The future of State Sovereignty: Emerging Concerns in the Internet Era" (The student Advocate, Volume 13, 2001)
Oppenheim, "Oppenheim's International law" 122 ( Jennings Edition ., London: Longman, 1992)
Diwan, P., "Private International Law" (Eastern Book Company, Lucknow 2002)