Jurisdiction in Cybercrimes: A Comparative Study

Abstract

Cybercrimes were, not long ago, introduced. Such crimes aim at either compromising the vast technical significance of data or misusing such data to commit crimes, not similar to conventional crimes, except that they are committed in the cyber- world. Consequently, modern societies face major losses and risks.  Cybercrimes are committed in the shadows, transmitted worldwide by-passing boarders and check points, without the need for documents or personal information.  Moreover, they are usually committed by smart, technically knowledgeable, evidence erasing capable criminals, who change locations to hit once again. All these factors make committing such crimes easier.Countries of the world face serious challenges related to enforcing their penal laws upon cybercrimes committed in other countries whose criminal result extends to their territories; the problem arises in respect of subjecting the cybercriminal to trial if he/she commits the crime in a country while its result occurs in another country and the victim may has nationality of different country, then, which country is more entitled to prosecute the convict?  To what extent does the matter relate to the bilateral extradition treaties and international conventions? This study aims to discuss and analyze problem of jurisdiction over the cybercrime, extradition law of cybercriminals, international conventions, and related judicial laws and applications especially in the American, British, and Jordanian jurisprudence, along with the related United Nations conventions.

This study concluded that any cybercrime is undoubtedly a translation of the criminal ideas into digital language, thus the criminal responsibility exists when crime terms achieved, no matter whether by traditional or electronic means. It also concluded that cybercrime laws must be harmonious among different countries; since they protect the common interest.

Keywords: Cybercrimes, Jurisdiction, cyber-world