Determining Jurisdiction in Cyberspace

17 Pages Posted: 26 Jul 2006

See all articles by Jayant Kumar

Jayant Kumar

National Law University, Jodhpur

Date Written: June 30, 2006

Abstract

The rapid development of information and communication technologies has revolutionized the business practices and individual practices. Taking the lead in these technologies is the Internet. Internet is not only a means of communication and information flow but is also a medium of conducting business. E-commerce is becoming the buzzword in business circles. Like every other technology, internet has also brought certain problems with itself such as computer crimes, breach of contracts done on line, issues of pornography due to different moral standards in different countries etc. The decentralized nature of Internet usually brings parties residing in different jurisdictions in contact with each other. Due to this which court will acquire the authority to try the case in case of a contentious issue always remains a problematic question. This paper attempts to look into the concept of jurisdiction, the basic principles on which the jurisdiction is determined, what changes Internet has brought in the concept of jurisdiction, what could be the problematic issues and the appropriate remedies.

Keywords: Cyberspace, internet, jurisdiction, sovereignty

JEL Classification: K39, O39

Suggested Citation

Kumar, Jayant, Determining Jurisdiction in Cyberspace (June 30, 2006). Available at SSRN: https://ssrn.com/abstract=919261 or http://dx.doi.org/10.2139/ssrn.919261

Jayant Kumar (Contact Author)

National Law University, Jodhpur ( email )

NH-65, Nagour Road
Kamala Nehru Nagar, Jodhpur
Mandore, Jodhpur, Rajasthan 34230
India

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