Jurisdiction in Cyberspace
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| Type: | Course Related Materials |
| Grade Level: | Post-secondary |
Abstract: At its core, jurisdiction is about the boundaries of a sovereign's exercise of its power. What are reasonable constraints on its reach, such that faraway or otherwise unconnected people and institutions can be called to account by the sovereign? Closely related are concepts of choice of law - exactly which sovereign's law to apply to a situation that spans multiple jurisdictions - and venue, which determines the physical location in which the parties are best served to settle their dispute. The global nature of the internet - both its global reach and its perceived "boundaryless" architecture - presents a host of jurisdictional complexities for any sovereign seeking to define and / or enforce laws regulating its use. What are the proper boundaries of a sovereign's reach on the internet and how can these boundaries be implemented in practice? In exploring this issue, this module first reviews the basics of jurisdiction. Next, it describes the unique "boundarylessness" of the internet and recent technical efforts to circumvent this architectural characteristic. Finally, we discuss various perspectives on the optimal extent of "local" jurisdiction over the internet.
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