The Future of International Law: Cybercrime

by Henrik Stakeman Spang-Hanssen

This Article first deals with the question of to what extent the Convention on CyberCrime have unreasonable implications for the individual Cybernauts, specially the convention's basic principle of aut dedere aut judicare - the duty of each party to extradite or to prosecute. Next, it deals with the problem that the convention pursuant to article 22(4) does not exclude any criminal jurisdiction exercised by a Party in accordance with its domestic law. It then describe when a state under public international law has jurisdiction over public international computer networks (the Internet), including the problem of where the offence is committed and who is the offender. In addition it deals with the problem of a minor being the offender and mention some Internet related cases involving juveniles. Finally, it deals with what public international law should embrace in relation to public international computer networks.

http://ssrn.com/abstract=1090876