The Issue of Jurisdiction in Cyberspace

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Recommended: History of the internet

Q) What is cyberspace? How can jurisdiction be assumed in cyberspace?

Introduction

“Cyberspace” is a term which is now frequently used among people. Through the advent of computers and especially the internet, our very lives have changed dramatically. Now starting from acquiring information to complex online transactions involving billions of dollars have become possible due to the cyberspace.

The term “Cyberspace” was used for the first time by William Gibson in his book “Neuromancer” written in 1984. He defined cyberspace as the consensual hallucination felt daily by the billions of legitimate operators. He envisioned cyberspace where all the computers, people and information would be linked through global computer network.

One of the main issues which were confronted in relation to cyberspace was the issue of “jurisdiction”. The arousing of such a problem was owed mainly to the unique nature of the cyberspace, that is, its virtual nature. Traditional concept of “jurisdiction” encompassed with it the notion of well defined physical boundary which is absent in case of cyberspace.

Adding to it was the problems relating to, four interconnected elements of private international law, like the choice of law, jurisdiction, court’s option of declining jurisdiction and recognition and enforcement of decree.

Meaning of Cyberspace

Oxford dictionary defines Cyberspaces as “the notional environment in which communication occurs over computer network”. Merriam Webster dictionary defines cyberspace as “the online world of computer networks especially the internet”.

The word “cyber” refers to cybernetics which means in Latin means to steer which represent the notion “to govern”. It emphasizes on the navigation through space of electro...

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...ation devices, the cyber world is increasingly being connected to the lives of not just the elite class but also of the countless millions of people. Today internet and social media is not a luxury but has become the very necessity of human lives.

Regarding the issue of jurisdiction, many issues arise like in cases of acts which are illegal in one country but are legal in the other, enforceability of jurisdiction, multiplicity of jurisdiction, identification of the perpetrator etc.

In order to solve it, we will necessarily has to assume that cyber space is an extension of the physical world. In such case it will be easier to apply the laws and assuming jurisdiction also will be possible.

A s far as cyberspace law in India is concerned the enactment of the Information Technology Act is one such step towards solving the various issues which arises in cyber space.

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