Increase in use of cyber technologies and at the same time increasing trends in the related crimes, compelled the scholars to discuss about the respective. During the regulation of the cyber world, one of the major problems, which was witnessed was the clash between the transnational internet and national law(s) because online activities are not confined to any boundary, with a single click user may enter into the territory of other users.
Some theorists have argued that we now live in a borderless world where people, capital, and information, permeate through jurisdictional boundaries at will. There may be questions about where online activity takes place. There may be questions about the location or nature of any dispute resolution mechanisms, since few regions have identical laws. And there may be questions about the shape, authority and effectiveness of any regulatory enforcement, as even if police or lawyers are able to identify online malefactors; their power may stop at the border.
Jurisdictional problems in cyber space have actually raised three problems, first, related to the prescription, second, related to the adjudication and third, related to the enforcement of the prescribed laws. This paper covered these aspects of the jurisdictional problems in cross border hacking scenario with reference to recent case laws and gave recommendations.
Nadia Khadam, Hanyang University, South Korea
Stream: Arts & Humanities
This paper is part of the ACAH2013 Conference Proceedings (View)
View / Download the full paper in a new tab/window