Extraterritorial jurisdiction on the internet, the criminals have crossed the border - will law-enforcement follow?
PhD student: Mr M. Zoetekouw
Promotor: Prof C.M. Ryngaert
Duration: 1/2/2014 - 21/10/2018
There is a growing problem in practical law application with conducting inquiries against and prosecuting criminals whom commit cross-border crime utilising ICT as a goal or a means. Mutual Legal Assistance as a means of dealing with transborder cybercrime is increasingly ineffective, due to the increasing prevalence of transborder cybercrime and a narrowing timeframe for proper inquiry. Considering the particular nature of cyberspace, this research will evaluate the current theories of jurisdiction together with the problems that arise when it is applied to cybercrime. Additionally, it strives to discover a way forward towards new or reconsidered methods to dealing with international jurisdictional issues, in both an effective and lawful manner. Special attention will be given to the possibilities of unilateral extraterritorial enforcement and the legal udnerpinnings for such an activity.