Paper Type
Research-in-Progress Paper
Description
Malicious cyber activities are no longer a matter of if but of when, and in our increasingly interconnected world, threats to our national sovereignty can come from unexpected sources and directions "“ a 360-degree globalised challenge. Cyber security is no longer the preserve of any single country because of the trans-border nature of malicious cyber activities and an increasingly connected and sophisticated technological and user bases. The principle of territoriality, arguably, the "˜bedrock´ of criminal jurisdiction is central to the reason why trans-border malicious cyber activities are difficult to prosecute. At the very least, geographically based concepts of sovereignty must be "˜squared´ with the nature of open networks, possibly necessitating the development of a new law of cyber space to address the appearance of a lacuna in the law. In this paper, we seek to analyse the qustion "Whether there should there be a new body of law for cyber space?" by examining first the potentially broad application of jurisdictional criminal law, particularly the principle of extra-territorial jurisdiction, then if this hurdle is crossed, we then touch on what body of law should apply. We raise the notion that the conception of a new law of cyberspace and a forum for prosecution, is not impossible, but now is imperative.
SHOULD THERE BE A NEW BODY OF LAW FOR CYBER SPACE?
Malicious cyber activities are no longer a matter of if but of when, and in our increasingly interconnected world, threats to our national sovereignty can come from unexpected sources and directions "“ a 360-degree globalised challenge. Cyber security is no longer the preserve of any single country because of the trans-border nature of malicious cyber activities and an increasingly connected and sophisticated technological and user bases. The principle of territoriality, arguably, the "˜bedrock´ of criminal jurisdiction is central to the reason why trans-border malicious cyber activities are difficult to prosecute. At the very least, geographically based concepts of sovereignty must be "˜squared´ with the nature of open networks, possibly necessitating the development of a new law of cyber space to address the appearance of a lacuna in the law. In this paper, we seek to analyse the qustion "Whether there should there be a new body of law for cyber space?" by examining first the potentially broad application of jurisdictional criminal law, particularly the principle of extra-territorial jurisdiction, then if this hurdle is crossed, we then touch on what body of law should apply. We raise the notion that the conception of a new law of cyberspace and a forum for prosecution, is not impossible, but now is imperative.