Jurisdiction, international cooperation and cross-border access in cybercrime : a comparative analysis

Abstract

This paper offers an insight on the current situation regarding the notions of jurisdiction, international cooperation and cross-border access in relation to the field of law of cybercrime. The paper will set out the main grounds for asserting jurisdiction and the issues that arise thereof; discuss the effectiveness of mutual legal agreements in the collection of electronic evidence and the investigation of cybercrime; and also look into the legal requirements (and the lack thereof) for access data located in a foreign state without prior authorization. Throughout the paper, the development of these three notions will be traced as it evolved through practice and innovation. Lastly, the paper also presents a comparison between the situation within the European Union and the United States in particular, being the two biggest exponents of cybercrime legislation.