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Net Space and State Borders: Jurisdiction Issues in Internet

Т. В. Терентьева

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Abstract

The problem of determining international jurisdiction in terms of the Internet is stipulated by transnational character of the web and limitation of territorial competence of states. Analysis of Russian laws shows that the Internet is not covered by Russian jurisdiction – the most important feature of state sovereignty. Jurisdiction criteria, being formulated, must avoid identifying jurisdiction only by accessibility of information on the Internet. The most desirable way to solve the problem of determining international jurisdiction over the Internet would be regional jurisdiction international treaties between states with similar legislations in the area of civil procedure.

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What this paper is about

The problem of determining international jurisdiction in terms of the Internet is stipulated by transnational character of the web and limitation of territorial competence of states. Analysis of Russian laws shows that the Internet is not covered by Russian jurisdiction – the most important feature of state sovereignty. Jurisdiction criteria, being formulated, must avoid identifying jurisdiction only by accessibility of information on the Internet. The most desirable way to solve the problem of determining international jurisdiction over the Internet would be regional jurisdiction international treaties between states with similar legislations in the area of civil procedure.

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Available abstract

The problem of determining international jurisdiction in terms of the Internet is stipulated by transnational character of the web and limitation of territorial competence of states. Analysis of Russian laws shows that the Internet is not covered by Russian jurisdiction – the most important feature of state sovereignty. Jurisdiction criteria, being formulated, must avoid identifying jurisdiction only by accessibility of information on the Internet. The most desirable way to solve the problem of determining international jurisdiction over the Internet would be regional jurisdiction international treaties between states with similar legislations in the area of civil procedure.

Key concepts: Jurisdiction, The Internet, Sovereignty, Political science, Subject-matter jurisdiction, Law, State (computer science), International law

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