Krytyka Prawa. Niezależne Studia nad Prawem

Jurisdiction: an Issue on the Internet

Gupta, Gazal Jindal, Parinishtha

Manipal University Jaipur (India) | Directorate General of Hydrocarbons under the Ministry of Petroleum and Natu ral Gas (India)

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Abstract

This article examines the jurisdictional status of the internet. Because of the underly-ing nature of technology, nations cannot effectively monitor online transactions that originate or conclude within their borders. Governments can seek to enforce their laws within the constraints of their physical, geographical, and political domains as defined by an atlas, but a borderless cyberworld regulated by fast--expanding technology has a variety of challenges. This study sheds light on those challenges, the jurisdiction for parties to suit, the remedies accessible to them, and the territorial concerns discussed in various domestic courts. It also focuses on the pressures on stakeholders to act, as well as the economic, human rights, and techno-logical infrastructure implications of jurisdictional concerns. In general, jurisdictional issues on the internet have resulted in haphazard and unrestricted jurisdictional implementations, and this article emphasizes the territorial difficulties of internet administration and its direct influence on many nations and elements.

Metadata

Journal Krytyka Prawa. Niezależne Studia nad Prawem 
Volume 15 
Issue 4 
Issue date 12/2023 
Type Article 
Language en
Pagination 95-111
DOI 10.7206/kp.2080-1084.641
ISSN 2080-1084
eISSN 2450-7938