Analysis Of The Jurisdictional Challenges In The Realm Of The Digital Age

Written by: Dr. G. Mallikarjun, Associate Professor of Law, NALSAR University of Law

Abstract

The digital age has revolutionized human interaction, legal systems, and the exercise of sovereign authority, resulting in complex jurisdictional dilemmas. As cyberspace transcends physical borders, traditional notions of territorial jurisdiction are rendered inadequate. This paper explores the multifaceted legal challenges of regulating actions and data flows in cyberspace, with particular attention to extraterritoriality, cybercrimes, surveillance, and digital sovereignty. It critically analyzes how international law, often grounded in territorial frameworks, struggles to address issues involving non-state actors, multinational corporations, and cross-border cyber operations. The study underscores the need to align digital governance with universally accepted human rights principles, proposing a normative framework where privacy, equality, and security are not compromised. Theoretical models like dialectical, hermeneutic, and comparative legal methods are used to examine existing gaps and propose adaptive legal strategies. The paper also evaluates the emergence of cybercrime as a global threat and the limitations of current international cooperation mechanisms. It concludes by recommending multilateral, human rights–driven legal reforms to navigate jurisdictional uncertainty in the digital sphere.

Key Words: cyberspace jurisdiction, digital sovereignty, international law, human rights in cyberspace, cybercrime regulation, extraterritoriality

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Volume 1 | Issue 5