Problems With Internet Jurisdiction And The Role Of The Internet Jurisdiction Policy Network Forum In The Resolution Of Jurisdictional Conflicts
Param Veer Singh, Symbiosis Law School, Pune
ABSTRACT
Since networking limits cross and transcend state borders, the contemporary Technological development generates ambiguities for sovereign territory. In this setting, quest to build rule of law in Digital Era has turned to jurisdiction over acts on the Internet. In the paper, first phase of cases is trying to deny jurisdiction, choice of law, and enforcement to jurisdictions where people and sufferers are situated is form of 'refusal of services' attack on judicial framework, according to this study. The second section of study discusses how advances in IT sector will thwart the technology attack on state jurisdiction. Since more advanced technology joins the cognitive capacity and capacity of individuals' machines, this paradoxical effect is created. The paper then goes on to discuss Internet Jurisdiction Policy Network Forum in Resolution of Jurisdictional Conflicts, which is worldwide multi - stakeholder policymaking framework resolving tightness between transboundary nations due to Web jurisdiction cases and which country shall have jurisdiction in such case. It promotes worldwide policy process that allows for international cooperation while maintaining Internet's global characteristics. The paper then goes on to suggest that asserting jurisdictional authority may and should be leveraged to promote establishment of higher granularity technology and new services marketplaces for legal adherence. Internet participants must have access to technologies that allow them to follow rule of law in states wherever their online activities take place. This policymaking is expected to benefit from assertions of state control and electronic enforcement. The cross-border Web and its virtual venues cut through patchwork of national borders. If applied on worldwide scale, idea of territoriality and assertion of virtual sovereignty set global community on self-destructive path. In last, paper offers different recommendations for formation of issue-based multi - stakeholder policy networks to build sustainable alternatives in particular to appropriately manage jurisdictional conflicts such as cross-border accessibility to user information, content tackles, or domains confiscation.
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