Definition of State Jurisdiction in the Digital Space

Abstract

The article examines the evolution of the Internet as an integral component of modern information society and its influence on defining state jurisdiction in the digital space. The author analyzes traditional approaches to understanding state jurisdiction in the Internet space, including the concept of neutral territories with international regimes, analogous to the regime established in Antarctica, in outer space regarding celestial bodies, etc., the concept of limiting state competence to national domain names, as well as the principles of territorial sovereignty, establishment of a global regulatory regime, and the principle of jurisdictional autonomy. Special attention in the article is devoted to ensuring, on the one hand, constant, free, and open access to the network, and on the other hand, protecting users from potential negative consequences. The main methods used in preparing this article are: a set of logical research methods and techniques; methods of analysis and synthesis, deduction, as well as special legal methods. In order to promote a more fair and equal global governance of the digital space and the construction of an information society with a common future in cyberspace, governments of countries should reconsider the traditional model of state governance, as with the development of digital technologies, it has proven to be ineffective, which may lead to even greater resistance from society and the private sector of the economy. Therefore, it is necessary to develop international norms, principles, methods, and standards aimed at effectively regulating the digital space and settling the issue of establishing state jurisdiction in the global network, which will allow finding a balance between public and private security, the efficiency of state governance, and at the same time ensure the protection of digital rights of citizens.