Jurisdictional Disputes and Intermediary Liability in Cyberspace

Abstract

World Wide Web or internet is global information infrastructure which exists virtually with no physical or geographical existence whatsoever and affects all sections of society due to its significance in communication, information gathering, data storage, media, entertainment, etc. It is freely accessible with nominal monitoring by anyone anywhere in the world, and thus provides wide scope for internet crimes namely defamation, pornography, cyber stalking, etc with minimal traceability. The whole activity is done through transfer of packet data which is done through different service providers known as intermediaries like, search engines, chat rooms, service providers, etc. Thus, the jurisdictional issue arises due to the world wide accessibility of the internet and the misuse of the platform for redundant activities which brings the intermediaries into picture. Thus, in the proposed article the endeavor will be to look into the extent of intermediary liability and corresponding jurisdictional issues and conflicts. Under International law the sovereign exercises its authority under their jurisdiction, but the limitation arises when it’s against a foreign state involving objectionable activities on internet. Every state has its limitations and subsequently obligations to restraint itself from jurisdictional issues of foreign state to avoid any kind of unwarranted fortification. Hence, the attempt in this article is to find out various Jurisdictional issues in the International Cyber Space. This brings the question about the jurisdiction for adjudication of claims of injury or violation of domestic standards of a nation. Further, the paper deals with the pros and cons of the victim’s position for instance the most opportune forum; correct medium to enforce the decree or execution of the order etc. To realize the working of jurisdictional aspects, one ought to understand principles on which cyberspace standards can be appreciated. Hence, the paper deals with all the principles like Territoriality Principle, Nationality Principle, Effects Principle, Protective Principle, Universality Principle etc, to analyze the application in cyberspace. The paper further deals and examines intrinsically various advance moves taken by assorted courts to draw a logical conclusion in consideration with the subject matter of jurisdiction for instance general approach, specific approach, moderate approach, expansive approach etc. In the recent scenario we have seen the rapid growth of cyber crime at a massive rate be in terms of defamation, child pornography, fraud, forgery etc. prevalent in both criminal and civil context, when such offence occurs then an imperative concern crop up on the issues like the place to try such wrongdoer & intermediary liability. All these aspects will be duly covered so as to realize the jurisdictional values of different states and thereby making a comparative analysis of two different legislators focus in prosecution for a crime by one state against another in terms of jurisdictional law in the Indian context