III Year B.A., LL.

B – Semester- VI (2023)

1st - Internal Assessment – Information Technology Law

Topic – Critical Essay Writing

Name - Surabhi V.D

Course - BA LL.B. (H)
Division - D
PRN - 20010125384
Batch - 2020-2025
No. of words - 1200
In today's life, a person may even go without eating for a day, but they cannot go even one day
without access to the internet. People now consider the Internet and cyberspace to be essentials.
Every aspect of our life has been significantly impacted by the Internet, including businesses,
education, industrialization, developing relationships through digital sites, politics, healthcare,
infrastructures, and technological and scientific developments.

As a result, we can conclude that the Internet has transformed how people interact and conduct
business by enabling virtually unknown degrees of connectivity and access to data. But, when it
comes to governance and the application of laws, this new digital world poses particular
difficulties. The problem of jurisdiction is one of the main difficulties. It can be challenging to
decide which country's laws should be applied when a crime or violation happens online because
the Internet is borderless and functions on a global scale. The current global situation of the
Internet and jurisdiction, including the difficulties, possibilities, and way forward, will be
critically examined in this essay.

The absence of separate and clear international legal frameworks is one of the main obstacles to
determining jurisdiction over the Internet. Despite the fact that the Internet is a worldwide
network, each nation has its own legal system, and how those rules and regulations are
interpreted might vary greatly from one country to the next. As a result, there may be disputes
between nations over jurisdictional matters. For instance, it could be challenging to establish
which nation's laws should be used when a crime is committed online, raising the possibility of
extradition disputes and contradicting judicial rulings.

As we know that the topic of the Internet and jurisdiction has grown more complicated and
challenging in recent years, the annual reports of the Internet Jurisdiction and Policy Network
(IJPN) forum provide important information and justification for the current worldwide situation
of the Internet and jurisdiction.

Since 2016, the IJPN has addressed the opportunities and difficulties of the Internet and
jurisdiction in its annual reports. According to the 2016 report, one of the major obstacles to
establishing jurisdiction over the Internet was the lack of distinct international legal frameworks.
This can result in contrasting legal rulings and jurisdictional disputes across nations, making it
challenging to decide which nation's laws should be followed. The report also emphasized the
necessity for developing alternate conflict resolution procedures and for more effective cross-
border collaboration.

The accelerating pace of technological advancement is another difficulty. The kinds of online
crimes and offenses change along with technology. Legal systems must therefore be flexible and
responsive to evolving situations. The speed of change, however, frequently outpaces the
capacity of legal systems to keep up, resulting in out-of-date laws and regulations that might not
be efficient in resolving fresh problems.

Despite these obstacles, there are still chances for international collaboration and cooperation in
terms of Internet governance. In addition, several nations have created bilateral agreements to
assist in resolving jurisdictional disputes, such as the MLATs between the United States and
other nations.

The 2017 IJPN report emphasized the significance of striking a balance between the defense of
human rights and the right to free expression and the requirement for efficient regulation and
enforcement. The usage of the Internet, according to the report, has posed new difficulties for
upholding fundamental freedoms and rights, such as the freedom of expression, the right to
privacy, and access to information. It also stressed how crucial it is to make sure that these rights
are not utilized as a cover for criminal activity.

Further the IJPN's 2018 study highlighted the difficulties with data protection and international
data flows. The report pointed out that the amount and complexity of cross-border data flows are
growing, which poses problems for data protection and the application of data protection
legislation. The report additionally emphasized the need for more effective cooperation between
countries and the adoption of shared rules and standards for data protection.

The prospects for international cooperation and collaboration in tackling Internet and
jurisdictional concerns were the main focus of the IJPN's 2021 report. According to the research,
a number of nations have created bilateral agreements to assist in resolving jurisdictional
disputes. An example of this is the Mutual Legal Assistance Treaties (MLATs) that exist
between the United States and other nations. The significance of creating new procedures for
alternative dispute resolution was also emphasized in the report, such as the planned Digital
Services Act in the European Union.

Using alternate dispute resolution procedures is a further way to enhance the Internet and
jurisdiction. Online arbitration and mediation, for instance, can assist in resolving disputes more
quickly and effectively than conventional legal procedures. These systems may also be more
responsive and flexible to shifting conditions.

There are a lot of possible future approaches to dealing with the Internet and jurisdiction. One
strategy is to keep creating universal international standards and legal frameworks. This may
contribute to the creation of a more stable and predictable environment for Internet governance.
Focusing on enhancing international collaboration and cooperation, including the creation of
bilateral and multilateral agreements, is an alternative strategy.

Last but not least, it's critical to make sure that legal structures and mechanisms are flexible and
responsive to shifting social and technical conditions. In order to do this, it may be necessary to
create new procedures for Alternative Dispute Resolution (ADR) and make sure that legal
institutions are prepared to handle new problems brought on by emerging technologies like
blockchain and artificial intelligence.

The 2019 IJPN study was mostly concerned with the difficulties brought on by emerging
technologies like blockchain, AI, and the Internet of Things. According to the research, these
technologies are posing new problems for Internet governance and legal authority, such as
questions of responsibility, accountability, and transparency. The research also stressed the
necessity of developing shared norms and standards as well as more international collaboration
and cooperation.

Also The COVID-19 pandemic presents a number of issues, including a greater dependence on
electronic devices and the need for efficient regulation and governance of online activity, which
were emphasized in the IJPN's 2020 report. According to the research, the pandemic has sped the
digital change of economies and societies, posing new problems and opportunities for Internet
governance. The research also stressed the necessity of developing shared norms and standards
as well as more international collaboration and cooperation.

The annual reports from the IJPN offer insightful support and data on the advantages and
disadvantages of the Internet and jurisdiction.
Three main challenges are emphasized -
1. The lack of clear international legal frameworks
2. The speed of technology change, and
3. the significance of alternative dispute resolution processes.

The reports do, however, also imply that there are chances for international collaboration and
cooperation, as well as for the creation of shared frameworks and standards. Countries may
create a framework for Internet governance that is more predictable, stable, and flexible to
changing societal and technological conditions by cooperating.

In conclusion, the relationship between the Internet and jurisdiction is a complicated and difficult
problem that calls for global collaboration and cooperation. While there are numerous obstacles
to overcome, there are also chances to create shared frameworks, standards, and alternate dispute
resolution procedures. Working together, nations may create a framework for Internet
governance that is more predictable, stable, and flexible to changing social and technological
conditions.