Ascertaining Cyber Jurisdiction in Cyber Space: Jurisprudential Understanding and a Comparative Analysis by Anand Singh – ICFAI Law School

Abstract: The term jurisdiction refers to the court’s authority to hear a particular dispute. The determinants of jurisdiction are generally territory and subject matter. However these traditional jurisdictional factors do not fit into the cyberspace scenario because the limits of cyberspace are not determined by any physical boundary. The developing law of jurisdiction must address whether a particular event in cyber space is controlled by the laws of the state or country where the website is located, by the laws of the state or country where the internet service provider is located, by the laws of the state or country where the user is located, or perhaps by all of these laws.In this paper an attempt has been made to challenge and analyse the current paradigm being used for determination of cyberspace jurisdiction in India. The rapid growth of e-commerce and the vulnerability of the netizen’s make the task all the more challenging. The absence of a single determinant for ascertaining jurisdiction over cyber space and the practices employed by the various developed countries poses an uphill task on the face of our judiciary. However competitive legislation and suitable administration ensuring content filtration and strict surveillance is prototypical for building confidence and instilling faith in the system.The legislature can provide its assistance to the benign objective of bringing an end to the jurisdictional issues by enacting appropriate statutes and the judiciary must pave its way by suitable progressive adjudications in the respected field. We have tried to suggest means to bring about public acceptability and faith in the system, faith and participation share a symbiotic relationship so as long as we are not successful in actively involving their participation, the mechanism still remains a myth in desperation. The proposals suggested in the article have been formulated with the thought that there implementation shall usher a new era in cyberspace regulation in India.

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