Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
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TY - JOUR
T1 - Jurisdictional issues concerning online child pornography
AU - Gillespie, Alisdair
PY - 2012
Y1 - 2012
N2 - 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.
AB - 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.
KW - child pornography
KW - internet
KW - jurisdiction
KW - territorial principle
KW - uploading
KW - making available
U2 - 10.1093/ijlit/eas007
DO - 10.1093/ijlit/eas007
M3 - Journal article
VL - 20
SP - 151
EP - 177
JO - International Journal of Law and Information Technology
JF - International Journal of Law and Information Technology
SN - 1464-3693
IS - 3
ER -