Abstract
The article addresses some aspects of the key challenges for legal reality and legal systems in the digital age with a focus on jurisdictional issues in special attention to cyberspace, given its independent value and self-regulatory nature. The article suggests that regarding issues through the prism of a universal human rights approach could be a pillar for resolving existing and potential digital conflicts, prevent cybercrimes. The general legal framework in light of this approach is proposed here. The article discusses scenarios for solving jurisdictional problems: (i) global—focuses on the idea that a single worldwide legal framework and a universal regulation mechanism are possible; (ii) fragmented—partly considers the possibility of a single legal framework (or a set of agreements) and rely mainly on regional mechanisms; and (iii) national—each legal system is capable of providing and effective response to the threats of the digital age and aligns its legislation and judicial practice with the latter. Finally, it is suggested to focus on the prevention and mitigation of negative consequences of the activities of all subjects of law.
Highlights
KEY CHALLENGES FOR LEGAL SYSTEMS IN THE DIGITAL AGEIn the digital era, fundamental changes are taking place –in legal reality, in society as a whole, and in the life of every person, in particular
The information in the form of data, which is the key to any activity in the digital age, does not just run in the virtual space, it is connected with physical storage that are territorially located in the jurisdiction of a particular state
Even those authors who hold the position that traditional jurisdictional bases can be applied to cybercrime, note that this will lead to conflict of jurisdictions and numerous claims and acknowledge that “cybercrime may sooner look at the location of the effect or the location of the perpetrator or victim” (Brenner & Koops, 2004, p. 44), which again brings us back to questions of location
Summary
Fundamental changes are taking place –in legal reality, in society as a whole, and in the life of every person, in particular–. Subjective limitations are expressed in such aspects as the unwillingness of states to carry out the respective territorial control, organizations and businesses from different countries to agree on specific rules for providing their business activity, the desire to take advantage of the lack of effective regulation, and law degree of control over the online environment It is about sharing responsibility for activities conducted or mediated by natural or legal persons online. The last but not least, it is necessary to consider the presence of technical, legal and, no less important, political difficulties when applying the norms of international law in relation to cyber operations (Pipyros, et al, 2016) In these conditions, states seek to expand their jurisdiction, both on online activities, and on controversial issues of the application of law in situations related to the development of digital technologies. We refer here to a series of significant decisions by authoritative courts to illustrate the practical application of the bottlenecks of jurisdictional theories and some possible scenarios for resolving jurisdictional problems
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
