The Game Of Courts In Cyber Crimes
'It used to be the wealthier you were, the more immune you were to crime. Cyber crime has tipped it the other way'
- Neal O'Farrell
Jurisdiction is the practical authority of a legal body to administer and execute statutes and regulations within a well-defined area of territory and responsibility. Hence, when a crime has taken place in a particular territory, the courts of that territory would have the jurisdiction to hear the matter. However, which court will have the jurisdiction to hear a crime that which occurred on the internet? How can the territory of cyber space be identified in order to determine which court that would have the jurisdiction in the matter? Now let's indulge further. What about a crime by a corporate that has no physical office presence on the planet?
A multitude of confidential data is stored in a fluorescent dark room in every office. Therefore, it is crucial for the companies to identify cyber crimes and the courts that would have the jurisdiction to hear its related cases. The fiasco in internet jurisdiction arises due to the fact that parties who are situated miles apart are connected with each other through a virtual nexus. In today's world, a person sipping tea located in the suburbs of New Delhi will be able to hack and obtain information from the computer of a multi-conglomerate in New York.
Generally, the jurisdiction of a particular court is triggered depending upon the place where i) defendant resides, or ii) the cause of action arises. However, cybercrimes occur in a virtual and electronic medium of computer networks where communication takes place known as the cyber space. Technology has become the backbone of every corporate house today. Hence, the literal meaning of the words 'place' or 'area' in relation to a cyber-crime does not point towards one specific geographic location. However, the internet user does not wear an invisible cloak to conduct his activities in the cyber space. Internet users are situated in physical locations and are subject to the domestic laws of that particular area. This makes an internet user, who has committed a crime, prone to the risk of being sued in any country where another user can establish a claim. Therefore, jurisdictional issues have colossal value in internet crimes. The prominent issue in regard to internet jurisdiction lies in the question whether to treat the cyberspace as a physical location or to pretend that the internet is another world whole together...
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