Net Space and State Borders: Jurisdiction Issues in Internet

  • Liudmila Terentieva Higher School of Economics; Kutafin Moscow State Law University (MSAL)
Keywords: International jurisdiction, sovereignty, state territory, Constitution of the Russian Federation, Internet, net borders, domain names, jurisdiction criteria, personal jurisdiction

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.

Author Biography

Liudmila Terentieva, Higher School of Economics; Kutafin Moscow State Law University (MSAL)

Lecturer, Department of International Private Law, Kutafin Moscow State Law University (MSAL), PhD in Law. E-mail: Lterentyeva@hse.ru

Published
2010-01-23
How to Cite
TerentievaL. (2010). Net Space and State Borders: Jurisdiction Issues in Internet. Law Journal of the Higher School of Economics, (1), 63-68. https://doi.org/10.17323/2072-8166.2010.1.63.68
Section
Russian Law: Condition, Perspectives, Commentaries