ABSTRACT
A key issue for tackling cybercrime is that of jurisdiction. Whilst the term jurisdiction is bandied around quite frequently there is sometimes a lack of consideration about what this actually means. S. W. Brenner argues that it encompasses ‘three distinct concepts; jurisdiction to prescribe, jurisdiction to adjudicate and jurisdiction to enforce’. There are two principal bases upon which a state will exercise jurisdiction; territorial jurisdiction and extraterritorial jurisdiction. Territory is at the heart of jurisdiction, both domestically and in international law. Universal jurisdiction is a particular form of jurisdiction that can be exercised by any state. The protective principle allows states to seek extraterritorial jurisdiction in order to safeguard the security of the state or an important state interest. The active and passive personality principles are two of the most common forms of extraterritorial jurisdiction, and are based on nationality but differ in terms of whom.
