TY - JOUR
T1 - The prosecution of cybercrime – why transnational and extraterritorial jurisdiction should be resisted
AU - Arnell, Paul
AU - Faturoti, Bukola
N1 - © 2024 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group. This is an open access article distributed under the terms of the Creative Commons Attribution License (CC BY), https://creativecommons.org/licenses/by/4.0/
PY - 2022/6/8
Y1 - 2022/6/8
N2 - Cybercrime is a scourge that blights the lives of many around the globe. It has a significant transnational component. Despite established international and national regulation, its growth in scale and breadth persists. One result of which has been increased recourse to transnational and extraterritorial jurisdiction. This is misplaced. There are a number of factors militating against it. The foundations of international law, human rights, the interests of justice, complexity and cost and the underlying purposes of criminalisation conspire to demand a reconsideration of the use of transnational and extraterritorial jurisdiction in the fight against cybercrime. While there are undoubted difficulties attendant to the alternative, enhanced subjective territorial regulation and enforcement, it is undoubtedly the most effective long-term means of fighting cybercrime. The normalisation of transnational and extraterritorial cybercrime jurisdiction should be resisted.
AB - Cybercrime is a scourge that blights the lives of many around the globe. It has a significant transnational component. Despite established international and national regulation, its growth in scale and breadth persists. One result of which has been increased recourse to transnational and extraterritorial jurisdiction. This is misplaced. There are a number of factors militating against it. The foundations of international law, human rights, the interests of justice, complexity and cost and the underlying purposes of criminalisation conspire to demand a reconsideration of the use of transnational and extraterritorial jurisdiction in the fight against cybercrime. While there are undoubted difficulties attendant to the alternative, enhanced subjective territorial regulation and enforcement, it is undoubtedly the most effective long-term means of fighting cybercrime. The normalisation of transnational and extraterritorial cybercrime jurisdiction should be resisted.
U2 - 10.1080/13600869.2022.2061888
DO - 10.1080/13600869.2022.2061888
M3 - Article
SN - 1360-0869
VL - 37
SP - 29
EP - 51
JO - International Review of Law, Computers & Technology
JF - International Review of Law, Computers & Technology
IS - 1
ER -