Determining Jurisdiction in Cyber Space
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1. Concept of jurisdiction
Tomlinss Law Dictionary-
Jurisdiction is an authority or power, which haspower to do justice in causes of complaint brought beforehim.
it means1. The right to adjudicate on a given point.
2. The local extend within which the court can anddoes exercise the right when ascertained.
Example M.P high court cant decide any subjectmatter which come under Rajasthan high court
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Why It Is Difficult To Deal With Cyber Problems Or
Cyber Crime ?
different moral standards in different countries
The decentralized nature of Internet
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RELATION OF JURISDICTION
WITH
STATE AND SOVEREIGNTY
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State (political science)
Essential elements
1. Population
2. Territory
3. Government
4. Sovereignty
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sovereignty
Term introduced by Jean Bodin
Derived from Latin word suprifus- means supremeauthority
A.V.Dicey The courts derive its power to adjudicate a matter
from the state.
Therefore the concept of Jurisdiction is based on theconcept of state. The state lies upon the foundationof sovereignty
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Important Jurisdiction Principles:
Territorial jurisdiction:
According to this each state might exercisejurisdiction over property and person in, or acts or
events occurringwithin its territory. Personal Jurisdiction: depend on plaintiff or
defendant
Universal Jurisdiction : (delicit jure gentium)
jurisdiction of all states where ever committed.
(IT Act only need to prove is that computer etc usedbelong to India. )
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DETERMINATION
OF
JURISDICTION
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INDIAN SCENARIO IN CYBERSPACEJURISDICTION
Section 1 (2) of ITAct
It shall extend to the whole of India and, save as otherwiseprovided in this Act, it applies also to any offence orcontravention there under committed outside India by anyperson.
Section 75 of IT Act Act to apply for offence or contravention committedoutside India.
(1) Subject to the provisions of sub-section (2), the provisionsof thisAct shall apply also to any offence orcontravention committed outside India by any person
irrespective of his nationality.
(2) For the purposes of sub-section (1), this act shall apply toan offence or contravention committed outside Indiabyany person if the act or conduct constituting the offence orcontravention involves a computer, computer system or
computer network located in India.
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Cyber appellate tribunal (section 48-64)
Section 61-civil court have no jurisdiction
CAT is not bound by CPC. (sec 58) ,
Work on basis of natural justice ,guidance of this act or ofany rule
CAT has power of civil court and deemed to be judicialproceeding
SIL Import v. Exim Adies silk importes (1999)4 SCC 567
has recognized the need of the judiciary to interpret a statute by makingallowances for any relevant technologicalchange that has occurred. Until thereis specific legislation in regard to the jurisdiction of the Indian Courts with respect toInternet disputes, or unless India is a signatory to an International Treaty
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The yahoo case
Facts
1. American website www.yahoo.com give facilityfor auction site message boards and chat room
,yahoo France operates www.yahoo.fr in France2. Nazi discussion have occurred in
www.yahoo.com which was prohibited by Frenchgovernment
3. 2 French civil liberty group filled case in Frenchcourt . French court issued injunction and ordered toremove the content in 3 month and fined 1 lakhfrank per day for delay
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Yahoo case and US courts
Yahoo filed case before US district court
1. real and immediate threat to yahoo.
2. French order violate US constitution
3. thus dismissed the case11 judges bench
1. approved US district court point 1
2. refuse to decide point 2 till French court decree isexecuted in US
3. no need to file case
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How to solve such problems ?
Control over ISP ( internet service provider )
Control over users
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Questions???? ????
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Thank you
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