Topic 4: Challenges for Cyber Law

A. What is the biggest challenge in the development of cyber law?

The biggest challenge in the development of cyber law is the concept of jurisdiction “Jurisdiction

poses a big challenge to developing cyber laws because the Internet is not physical and has not

been set up in any territorial fashion. Therefore, when trying to adjudicate, the legal community

often faces a conflict of law” (UMUC, 2012). What makes an act illegal or criminal are the laws

applicable to the jurisdiction to which it was committed. Even if two jurisdictions agree that

someone’s action is illegal, which law will apply in the case since both jurisdictions may have

different severity of punishment or fines. Conflict may also resort as to who has authority over a

case in a digital world that has no physical boundary.

B. Discuss why is this the biggest challenge?

With the issue of jurisdiction, it makes the activities of law enforcement officer and agencies

daunting when pursuing a cybercrime. Every law enforcement staff or agency have their area of

authority “Law enforcement agencies are only authorized to enforce the law within their

jurisdictions. A police officer commissioned in California has no authority to arrest someone in

Florida, the FBI doesn't have the authority to arrest someone in Spain” (Shinder, 2011). Even

with the concept of extradition, countries are not oblige hand over a criminal to another.

Memorandums of understanding and extradition can be abandoned at any time without serious

consequences “although some countries have treaties whereby they agree to do so. Even in those

cases, it's usually an expensive and long, drawn-out process” (Shinder, 2011).

Even the process of drafting an extradition treaty with another nation seems tough “jurisdictional

issues frequently slow down or completely block the enforcement of cybercrime laws.
Extradition treaties often require "double criminality," meaning the conduct must be a crime in

both the jurisdiction seeking to extradite and in the jurisdiction from which the extradition is

sought” (Shinder, 2011). Laws in most countries are drafted using a traditional method of

precedent. Meaning, a country trying to get another to sign a treaty of extradition has to first get

that country to criminalize cyber crimes. Some nations see restrictions on the internet as a

violation of freedom of speech “restriction, provided through cyber law can be challenged under

violation of freedom of speech and expression under any constitution” (UPRETI, n.d.).

References
Shinder, D. (2011, January 26). What makes cybercrime laws so difficult to enforce. Retrieved from
Techrepublic: http://www.techrepublic.com/blog/it-security/what-makes-cybercrime-laws-so-
difficult-to-enforce/

UMUC. (2012). Developing Cybersecurity Law and Policy CSEC 635 – Module 5 . Retrieved from
leoprdws.umuc.edu:
https://leoprdws.umuc.edu/CSEC635/1302/csec635_05/assets/csec635_05.pdf

UPRETI. (n.d.). Cyber Law And Its Challenge. Retrieved from Spotlightnepal:
http://www.spotlightnepal.com/News/Article/-Cyber-Law-And-Its-Challenge-