Sie sind auf Seite 1von 15
 
 CYBER CRIME AND JURISDICTIONAL ISSUES Assignment
 –
 Paper IV PGDCL CYBER CRIME AND JURISDICTIONAL ISSUES Sherry J Thomas
www.sherrylegal.com
 
1
CYBER CRIME AND JURISDICTIONIONAL ISSUES
Sherry J Thomas
Introduction
The Black‟s Dictionary, 8
th
 Ed, Thomson West, P.867 gives a
comprehensive definition to the term „Jurisdiction‟.
It refers to a
Government‟s general power to exercise authority over all person‟s and
things within its territory. The term covers within its ambit the authority of a sovereign to act in legislative, executive and judicial character.
1
 In the legislative character, a state has the power exercisable as a constitutional discretion, to prescribe rules for regulating the conduct of persons. By enforcement jurisdiction is meant the power of a sovereign to effect implementation of its laws. Obviously, it is the power of the courts of a sovereign to hear and adjudicate upon certain matters in dispute is referred to as curial jurisdiction. Therefore, the question of Jurisdiction is significant on implementation of any piece of legislation it its full swing. In India, both in civil and criminal matters, Jurisdiction and powers of court are described separately in respective legislations. Mostly, it is on the basis of cause of action or offences, occupy on a set of physical or geographic location. But in cyber law, the concept of place of occurrence and cause of action is very broad. Cyberspace is an amorphous space that does not occupy a set physical or geographical location.
2
Cyber crimes can take place across various jurisdictions and hence the legal issue of jurisdiction of International Courts and country specific Indian Courts arises. In recent years, use of the Internet has grown at an explosive rate. However, there currently exists no single entity to control the enormous amount of information that is transmitted through it.
1.
 
 Amit M Sachdeva, International jurisdiction in cyberspace: a comparative perspective, CTLR 2007, 13(8), 245-258,p.246. 2.
 
Dr.Georgios Zekos, State Jurisdiction and Personal Jurisdiction in Cyber Crimes and Cyber Torts (2006), Vol V IJCL 9,11.
 
 CYBER CRIME AND JURISDICTIONAL ISSUES Assignment
 –
 Paper IV PGDCL CYBER CRIME AND JURISDICTIONAL ISSUES Sherry J Thomas
www.sherrylegal.com
 
2
The growing danger from crimes committed against computers, or against information on computers, is really a threat which ought to have addressed comprehensively. In most countries around the world, however, existing laws are likely to be unenforceable against such crimes. This lack of legal protection means that businesses and governments must rely solely on technical measures to protect themselves from those who would steal, deny access to, or destroy valuable information. Therefore, the task of preventing illegal conduct on the Internet has fallen on the courts of individual nations. However the questions of jurisdiction is still at large. In one recent case, a French court assumed jurisdiction over Yahoo, an  American online content provider, and ordered it to remove web pages showing Nazi memorabilia, material that is illegal to view in France but legal almost everywhere else.
3
In another case, a British court held a British subject liable for posting photographs on an American web server considered obscene in Britain but not in the United States.
4.
Still another, an American court held the president of a gambling company organized and headquartered in Antigua liable for soliciting and accepting bets from  Americans over the Internet.
5
The challenge in determining if and when courts have jurisdiction over activities conducted on the Internet would not be great if the Internet were confined to a single geographical area, or if it were neatly divisible along territorial boundaries into distinct local networks. By its nature, however, the Internet is international: it disrespects local and national  jurisdiction. The challenge, therefore, is to create rules that work smoothly across local, national, and international boundaries.
3.
 
Ligue Contre la Racisme et l‟Antisemitisme v. Yahoo, Inc. See Yahoo Ordered to Bar
French from Nazi Web Sites, (Nov. 20, 2008), at <http:// news.zdnet.co.uk/story/0,,t269-s2082683,00.html>. 4.
 
Crown v. Waddon. See Chris Nuttal, Police Hail Net Porn Ruling, BBC News (January 1,2010), at http://news.bbc.co.uk/hi/english/sci/tech/newsid_ 382000/ 382152.stm.> 5.
 
United States v. Galaxy Sports. Press Release, U.S. Department of Justice, (Feb. 28, 2000), at <http:// www.usdoj.gov/criminal/cybercrime/cohen.htm>
 
 CYBER CRIME AND JURISDICTIONAL ISSUES Assignment
 –
 Paper IV PGDCL CYBER CRIME AND JURISDICTIONAL ISSUES Sherry J Thomas
www.sherrylegal.com
 
3
By its nature, however, the Internet is international: it disrespects local and national jurisdiction. The challenge, therefore, is to create rules that work smoothly across local, national, and international boundaries.
CRIME and CYBER CRIME
The Cambridge University defines cyber crimes as crimes committed with the use of computers or relating to computers especially through the internet. They are crimes that occur in the digital space, which is the aggregation of the transaction space within each of the connected computers and the virtual spaces arising out of the connection.
6
The terms “cyber crime,” “computer crime”, “Information Technology crime,” and “high
-
tech crime” are often used inter
-changeably to refer to two major categories of offenses: in the first, the computer is the target of the offense; attacks on network confidentiality, integrity and/or availability-- i.e. unauthorized access to and illicit tampering with systems, programs or data - all fall into this category;the other category consists of traditional fenses--such as theft, fraud, and forgery - that are committed with the assistance of or by means of computers, computer networks and related information and communications technology. Cyber crimes range from economic offenses (fraud, theft, industrial espionage, sabotage and extortion, product piracy, etc.) to infringements on privacy, propagation of illegal and harmful con-tent, facilitation of prostitution and other moral offenses, and organized crime. At its most severe form, cyber crime borders on terrorism, encompassing attacks against human life and against national security establishments, critical infrastructure, and other vital veins of society. In cyber terrorism, as in
cyber crime, the “cyber” component usually refers to perpetrating
qualitatively new offenses enabled by information technology or integrating cyberspace into more traditional activities (such as planning, intelligence, logistical capabilities, finance, etc.). The categories may also overlap, as they frequently do in the cases of capable, computer-savvy offenders.
6.
 
P Venkatesh‟s Police
 Diaries, 3
rd
 Edn 2008, Premier Publishing company, Allahabad, p.1098.

Ihre Neugier belohnen

Alles, was Sie lesen wollen.
Jederzeit. Überall. Auf jedem Gerät.
Keine Verpflichtung. Jederzeit kündbar.
576648e32a3d8b82ca71961b7a986505