Abstract on Jurisdiction issues in Cyber Space

With the time cascading from the past to the present contemporary world the mankind has
required a need to interact and form societies. With the advent of trading culture, and the rise
of the empires all around the globe, people have indulged in cross border trade and relations.
After the early 1980s when the internet got globalised and reached various countries, such
interactions, relations and trade took a new turn by means of the “www” or the “World Wide
Web”. As a matter of fact with the rapid increase in cross-border relationships, the disputes
too, have increased and intensified which have raised more complex questions of jurisdiction
and applicable law.1

Undeniably, the advent and evolution of technology, more specifically, the cyberspace has
proved to be a boon as well as a bane for the people around the world as it has increased work
efficiency in various aspects of life while undermining the feasibility and legitimacy of
applying laws based on geographic boundaries as the governments are still bound by the
geographical territories.

What can the real world sovereigns do to govern the Cyber Crimes and how could it be done
is a question of fact and a question of law(s) because data transmitted from one place could
fall in the jurisdiction of any state and in the cyberspace, personal jurisdictions cannot be
asserted. Therefore 3 main issues are to be dealt with:

1. Forum jurisdiction
2. Choice of law
3. Enforcement of jurisdiction

This detailed analysis of the topic begins with the introduction to the terms often confused by
people, i.e., Cyberspace, Privacy, Cyber Crimes, Jurisdiction, etc. Subsequently, it discusses
the issues faced by various governments and sovereigns in the regulation of the cyberspace
and it concludes with author’s perspective and suggestion of a model which might lead to a
better governance of the cyberspace crimes.

Keywords: Cyberspace, Jurisdiction, Cross-border, Cyber Crimes