ABSTRACT
This chapter explains the theoretical basis for exercising jurisdiction and some of the difficulties involved, and considers the English approach for securing jurisdiction over cybercrimes. The approach adopted will differ depending on the offence that is alleged to have been committed. The Computer Misuse Act 1990 makes specific reference to jurisdiction although this only applies to the offences in that Act. There are two principal bases upon which a state will exercise jurisdiction: territorial jurisdiction and extraterritorial jurisdiction. Brenner argues that it encompasses 'three distinct concepts: jurisdiction to prescribe, jurisdiction to adjudicate and jurisdiction to enforce'. The internet exists within servers based in countries. Therefore, an international area for cyberspace would require states to surrender sovereignty over what happens within their own country. The fact that the internet transcends physical borders means that is an issue of cross-border crime. Where a crime transcends the physical borders of a country, this creates a position whereby multiple countries could claim jurisdiction.
