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Essay / The question of jurisdiction in cyberspace - 1934
Q) What is cyberspace? How to achieve competence in cyberspace?Introduction“Cyberspace” is a term now frequently used by people. Thanks to the advent of computers and especially the Internet, our lives have changed radically. Now, from acquiring information to complex online transactions involving billions of dollars, have become possible thanks to cyberspace. The term "cyberspace" was first used by William Gibson in his book "Neuromancer" written in 1984. He defined cyberspace as the consensual hallucination experienced daily by billions of legitimate operators. He envisioned a cyberspace in which all computers, people, and information would be connected through a global computer network. One of the main problems encountered in relation to cyberspace was the question of “jurisdiction”. This issue has been raised primarily due to the unique nature of cyberspace, i.e. its virtual nature. The traditional concept of “jurisdiction” encompassed the notion of a well-defined physical boundary, absent in the case of cyberspace. Added to this were problems related to four interconnected elements of private international law, such as choice of law, jurisdiction, choice of tribunal. possibility of refusing jurisdiction, recognition and application of the decree. Meaning of Cyberspace The Oxford Dictionary defines cyberspaces as “the notional environment in which communication takes place over a computer network”. The Merriam Webster Dictionary defines cyberspace as “the online world of computer networks, especially the Internet.” The word “cyber” refers to cybernetics which in Latin means to direct, which represents the notion of “governing”. It focuses on navigating the space of electronic devices......amidst paper devices......ation, the cyber world is increasingly connected to life not only of the classroom elite but also countless millions of people. people. Today, the Internet and social media are no longer a luxury but have become a necessity even for human life. Regarding the question of jurisdiction, many questions arise, such as in the case of acts illegal in one country but legal in another, the applicability of jurisdiction, multiplicity of jurisdictions, identification of the author etc. To resolve it, it will necessarily be necessary to assume that cyberspace is an extension of the physical world. In this case it will be easier to apply the laws and it will also be possible to assume jurisdiction. Coming to the cyber law in India, the enactment of the Information Technology Act is a step towards resolving the various issues arising in cyber space..