An Analytical Study On Cyberspace Jurisdiction: Legal Framework And Challenges
- IJLLR Journal
- Jul 5
- 2 min read
Sufia Sheikh, Asst. Professor of Law, Indian Institute of Legal Studies
ABSTRACT
Cyberspace and the internet have become essential to human existence. Every aspect of our life has been significantly impacted by the internet, including business, education, globalisation, developing global connections through social media, politics, healthcare, infrastructure, research, and technology. Cyberspace is the virtual world created with the help of the internet and computers. Cyberspace encompasses all electronic devices that operate via the internet. These include software, data storage devices, websites, emails, the internet, mobile phones, and even automated teller machines. As the evolution of the internet has assisted in building network and connectivity in this global world it has also aided in the emergence of internet related crimes and incidental issues related therewith. The ability to ascertain the location of the crime and to hear a specific case that will be heard in a suitable court of law is known as jurisdiction. The foundation of traditional legal systems is territorial jurisdiction, which states that the law only applies inside a certain jurisdiction’s borders. However, because the internet is worldwide and linked, it becomes challenging to establish distinct geographical boundaries in cyberspace. Because cyberspace has no borders, it is unclear which jurisdiction should have the power to control and enforce laws pertaining to online activity. Two different countries’ laws may be involved in a single online transaction. Generally, where the cause of action occurs is typically the jurisdiction. However, when there are numerous parties involved from all over the world, the process of establishing jurisdiction has become extremely challenging. This research paper attempts to explain the concept, types, theories relevant for determination of Jurisdiction in Cyberspace and existing legal framework through national and international perspectives to combat Cyberspace Jurisdictional challenges.
Keywords: Cyberspace, Cyber Jurisdiction, Theories, Legal Framework, Challenges
