Jurisdictional issues concerning online child pornography
Author: Gillespie, Alisdair A.
Source: International Journal of Law and Information Technology, Volume 20, Number 3, 8 September 2012 , pp. 151-177(27)
Publisher: Oxford University Press
Abstract:The Internet has posed a number of challenges to the concept of jurisdiction in respect of many crimes. The inherent architecture of the Internet means that questions have been raised as to whether cyberspace should be recognised as a new form of international space. This article questions whether this is necessary or desirable and then considers how two countries, England & Wales and the United States of America, have interpreted their domestic law to provide for securing jurisdiction not only where people access child pornography from within the territorial borders of the country but even where material, hosted abroad, is accessible from within the territorial borders. The article considers the implication this has on laws seeking to tackle child pornography and whether it has extended the law of jurisdiction beyond that which is commonly understood.
Document Type: Research Article
Publication date: 2012-09-08
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