Extraterritorial Enforcement Jurisdiction in Cyberspace
Normative Shifts
Bibliographic Data
| ID | 21971334 |
|---|---|
| Authors | Cedric Ryngaert (0000-0002-3060-9453, Utrecht University, corresponding author) |
| Year | 2023 |
| Volume | 24 |
| Issue | 3 |
| Pages | 537-550 |
| Publication date | 2023-04-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | German Law Journal (JOURNAL) |
| Journal identifiers | ISSN: 2071-8322 • E-ISSN: 2071-8322 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/glj.2023.24 |
| OpenAlex | W4377293714 |
| Language | EN |
| Citations received | 1 |
| References cited | 1 |
The most eye-catching effect of digitalization on the law of enforcement jurisdiction is the fading into irrelevance of territoriality. Insofar as the “physical” location of digital data—on a server—may be entirely fortuitous and may in fact not be known by the territorial state, it appears unreasonable for that state to invoke its territorial sovereignty as a shield against another state’s claims over such data. To prevent a jurisdictional free-for-all, however, it is key that the exercise of extraterritorial enforcement jurisdiction in cyberspace becomes subject to a stringent test weighting all relevant connections and interests in concrete cases. Introducing such a weighting test means that extraterritorial enforcement jurisdiction is no longer governed by binary rules (allowed and not allowed), but becomes a matter of degree, requiring a granular, contextual assessment. It remains the case that such a flexible attitude towards extraterritorial enforcement jurisdiction is not universally shared, and that relevant state practice and expert opinion in favor of the “un-territoriality of data” has a particular Western slant
Business · Computer security · Cyberspace · Enforcement · Extraterritoriality · Jurisdiction · Law and economics · Personal jurisdiction · Political science · Sociology · Sovereignty · Territoriality · The Internet · Communication · Computer Science · Cybersecurity and Cyber Warfare Studies · Dispute Resolution and Class Actions · Law · Space exploration and regulation
| Citations per year | 0.33 |
|---|---|
| Citation span | 2023 - 2023 (1) |
| Highly cited | No |