Towards containing the jurisdictional problems in prosecuting cybercrimes: case reviews and responses
This enquiry does a case study of the havoc wreaked by cybercrimes on some nations’ critical infrastructure with a view to fashioning comprehensive legal responses. Often, the suspect perpetrates his/her act from a jurisdiction, while the effects of that act are felt in another jurisdiction. The study discovers that these jurisdictional differences pose serious problem for investigation, evidence gathering and prosecution. It is also revealed that lack of double, triple, quadruple, and so on, criminality as the case may be, depending on the number of affected jurisdictions, further compounds the problem. As a result of the rising tide in cyber criminality in the world today, various theories have been proffered by courts and jurists. After due diligent consideration of these theories, this essay settles with a more universalist approach. Thus, in the light of the transnational nature of cyberspace and the dispersed nature of the Internet, this study strongly suggests a global multilateral treaty which settles the thorny issue of jurisdiction at least in relation to member states.
Key words: Jurisdictional Problems, Cybercrimes, Prosecution, Internet, Cyber Law