The Future of International Law: Cybercrime

22 Pages Posted: 8 Feb 2008 Last revised: 8 Apr 2015

Henrik Stakemann Spang-Hanssen

Independent; University of Vienna School of Law - Department of Commercial and Business Law

Date Written: 2008

Abstract

This Article first deals with the question of to what extent the Convention on CyberCrime have unreasonable implications for the individual Cybernauts, specially the convention's basic principle of aut dedere aut judicare - the duty of each party to extradite or to prosecute. Next, it deals with the problem that the convention pursuant to article 22(4) does not exclude any criminal jurisdiction exercised by a Party in accordance with its domestic law. It then describe when a state under public international law has jurisdiction over public international computer networks (the Internet), including the problem of where the offence is committed and who is the offender. In addition it deals with the problem of a minor being the offender and mention some Internet related cases involving juveniles. Finally, it deals with what public international law should embrace in relation to public international computer networks.

Keywords: Cybercrime, Internet, Cyberspace, Crime, International Law

JEL Classification: K14, K33

Suggested Citation

Spang-Hanssen, Henrik Stakemann, The Future of International Law: Cybercrime (2008). Available at SSRN: https://ssrn.com/abstract=1090876 or http://dx.doi.org/10.2139/ssrn.1090876

Henrik Stakemann Spang-Hanssen (Contact Author)

Independent ( email )

Schottenbastei 10-16
A-1010 Vienna
Austria
+1 (408) 348-8431 (Phone)

HOME PAGE: http://www.hssph.net/

University of Vienna School of Law - Department of Commercial and Business Law

Schottenbastei 10-16
A-1010 Vienna
Austria
+1 (408) 348-8431 (Phone)

HOME PAGE: http://www.hssph.net

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