Full Description
This book uses two essential terms, which are vital for any discussion about the worldwide public international computer networks (the Internet). One is 'Pure Online' incidents, which is characterized by no physical shipment or tangible things are involved, and at least one user is an alien, that is, a non-resident or a non-national. Thus, the pre-condition is 'pure online' cases with an alien as a defendant with only bit-transmission as link or connection to the forum State. This term had been used in the author's previous publications. This book introduces a new term 'Global Jurisdiction' which is characterized by a State's jurisdictional rules taken on its 'wording' reaches all alien cybernauts, thus making a Worldwide jurisdiction involving aliens whom can be anywhere in the world (outside the forum state). This term has to be distinguished from Universal Jurisdiction. Both of these terms have come up only because of the invention of public international computer networks where acts or incidents suddenly appears to be everywhere and at the same time for anyone. Thus, from the perspective of any court or any State these could argue being a proper court or jurisdiction.
However, Global jurisdiction is prohibited by public international law, which requires closeness (a close link) and reasonableness between the jurisdiction and the alien in question. Furthermore, under public international law any jurisdiction has to respect the sovereignty of other States and their right to self-determination of rules for and over its citizen. So far public international law can be said to have been a 'grenz law', but Cyberspace does not 'respect' geographic drawn borders. Thus, when dealing with Cyberspace one should turn the view upside down and begin with the view - not from the perspective of a State and its borders - but from the fact that Cyberspace is global reaching and that there has to be made some division of this 'global space'. On the other hand, this does not require a special jurisdiction for Cyberspace.
Contents
Introduction - Henrik's Six Steppingstones Chapter 1 - Who should govern the Internet Chapter 2 - IPv6 - Possibilities of Dividing Cyberspace into Jurisdictions Chapter 3 - Cyberspace & Universal respectively Global Jurisdiction Chapter 4 - The Zippo Sliding Scale-Method Chapter 5 - Online Newspapers - An "pure online" example Chapter 6 - An international dispute on the Internet - Californian Yahoo! Inc. versus France Chapter 7 - CyberCrime Convention Article 22 on Jurisdiction & Public International Law Chapter 8 - Certain Danish Criminal Provisions related to Cyberspace Chapter 9 - Jurisdiction Rules of Denmark & "pure online" dealings outside the European Union on international computer networks (Chapter 22 of the Danish Civil Procedure Code)
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