The prosecution of cybercrime: why transnational and extraterritorial jurisdiction should be resisted.

Arnell, Paul; Faturoti, Bukola

Abstract

Cybercrime is a scourge that blights the lives of many around the globe. It has a significant transnational component. Despite established international and national regulation, its growth in scale and breadth persists. One result of which has been increased recourse to transnational and extraterritorial jurisdiction. This is misplaced. There are a number of factors militating against it. The foundations of international law, human rights, the interests of justice, complexity and cost and the underlying purposes of criminalisation conspire to demand a reconsideration of the use of transnational and extraterritorial jurisdiction in the fight against cybercrime. While there are undoubted difficulties attendant to the alternative, enhanced subjective territorial regulation and enforcement, it is undoubtedly the most effective long-term means of fighting cybercrime. The normalisation of transnational and extraterritorial cybercrime jurisdiction should be resisted.

Citation

ARNELL, P. and FATUROTI, B. 2023. The prosecution of cybercrime: why transnational and extraterritorial jurisdiction should be resisted. International review of law, computers and technology [online], 37(1), pages 29-51. Available from: https://doi.org/10.1080/13600869.2022.2061888

• Journal Article Type: Article
• Acceptance Date: Mar 31, 2022
• Online Publication Date: Jun 8, 2022
• Publication Date: Apr 30, 2023
• Deposit Date: Jun 21, 2022
• Publicly Available Date: Jun 21, 2022
• Journal: International review of law, computers and technology
• Print ISSN: 1360-0869
• Electronic ISSN: 1364-6885
• Publisher: Taylor & Francis (Routledge)
• Peer Reviewed: Peer Reviewed
• Volume: 37
• Issue: 1
• Pages: 29-51
• DOI: https://doi.org/10.1080/13600869.2022.2061888
• Keywords: Cybercrime; Jurisdiction; Territory
• Public URL: https://rgu-repository.worktribe.com/output/1632111