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Jurisdictional issues concerning online child pornography

Research output: Contribution to journalJournal article

Published

Journal publication date2012
JournalInternational Journal of Law and Information Technology
Journal number3
Volume20
Number of pages22
Pages151-177
Original languageEnglish

Abstract

The Internet has posed a number of challenges to the concept of jurisdiction in respect of many crimes. The inherent architecture of the Internet means that questions have been raised as to whether ‘cyberspace’ should be recognised as a new form of international space. This article questions whether this is necessary or desirable and then considers how two countries, England & Wales and the United States of America, have interpreted their domestic law to provide for securing jurisdiction not only where people access child pornography from within the territorial borders of the country but even where material, hosted abroad, is accessible from within the territorial borders. The article considers the implication this has on laws seeking to tackle child pornography and whether it has extended the law of jurisdiction beyond that which is commonly understood.