Public International Computer Network Law Issues
This book uses two essential terms which are vital for any discussion about the worldwide public international computer networks (the Internet). One term is "Pure Online" incidents, which is characterized by no involvement in physical shipment or tangible things, and at least one user is an alien, that is, a non-resident or a non-national. Thus, the pre-condition is a "pure online" case with an alien as a defendant with only bit-transmission as link or connection to the forum State. The book introduces a new term "Global Jurisdiction" which is characterized by a State's jurisdictional rules taken on its "wording" reaching all alien cybernauts, thus making a worldwide jurisdiction involving aliens who 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, any court or any State could argue for 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. Cyberspace does not respect geographic drawn borders. Thus, when dealing with cyberspace, one should turn the view upside down and begin with the view â?? not from the perspective of a State and its borders â?? but from the fact that cyberspace stretches globally and that there has to be made some division of this "global space".
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No Worldwide Jurisdiction besides Universal
Parallel Treaty on jurisdiction between Denmark and the rest
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allow American Article Bangoura Chapter Civil claim Code communication consumer contract Copenhagen correction or clarification Court in Copenhagen Court of Denmark crime criminal Cybercrime Convention cybernaut Cyberspace Danish datagram December decision defendant domain name Easter Appeal Court electronic enforcement European exercise footnote foreign French global jurisdiction H Supreme header hereinafter host Human Rights international computer networks International Criminal Court IPv4 IPv6 ISBN issue jurisdic jurisdiction rule Justice lawsuit Layer legislation LICRA November offence online newspapers packet parties personal jurisdiction plaintiff public international computer public international law pure online pursuant require routers satellite server Single Publication Rule Spang-Hanssen-2 supra note State's statute supra note 15 Supreme Court TCP/IP telecommunications territory tion Treaty U.S. Supreme Court universal jurisdiction users Vinton Cerf violation visited May 2006 Yahoo Zippo