JURISDICTION ISSUES IN CYBER SPACE

Author – Aiswarya Lakshmi JS, Student of Sastra Deemed to be University, Tamilnadu

Best Citation – Aiswarya Lakshmi JS, JURISDICTION ISSUES IN CYBER SPACE, International Journal on Cyberspace Law and Policy, 1 (1) of 2023, Pg. 1, ISBN – 978-81-960677-4-8.

ABSTRACT

The term Jurisdiction refers to authority and capacity. It is derived from the Latin words “juris” and “dicere”, which mean “law” and “speak” respectively. Overall, jurisdiction refers to what the law says. Thus, jurisdiction refers to the power to decide and hear a case that is vested in an appropriate and competent Court of Law, and that power is provided by any statutes, Acts, etc. In general, jurisdiction is determined by the territoriality or locality of the Court of Law.

However, when we discuss jurisdiction in cyberspace, the concept becomes broader because the Internet knows no borders and is worldwide in nature; sites processed and made in the United States can be easily accessible and used in any part, each and every nation-state of the entire planet unless expressly prohibited by the Government of that specific State.

In this article, I attempted to encapsulate a detailed and concise discussion of the Issues of Jurisdiction in Cyberspace. The primary issue in cyberspace is determining the Courts’ Jurisdiction. Because the Internet is worldwide in nature and can be accessed from any part of the world unless expressly prohibited, it is extremely difficult to determine the location of the offence, which complicates the Jurisdiction. And, in order to address these issues, certain doctrines and tests have been developed and will be discussed in the following section of this document.

Keyword: Jurisdiction, Cyberspace, Law and Justice, Internet, Offences.