Jurisdiction in network society
Jurisdiction in network society
Jurisdiction - or more precisely the entitlement to regulate a transnational event, that is to make, apply and enforce laws in respect of it - continues to be a live issue within the arena of network regulation and to evolve in line with wider regulatory trends. The controversy in the online environment has shifted away from the question of whether and, if so, when a State may apply its defamation, privacy, contract and intellectual property law, or criminal and regulatory law on eg. obscenity, pharmaceutical licencing and gambling to a global online activity. Now the focus is on more pragmatic concerns and in particularly, on the dominant tech platforms and their gatekeeping and data collection capacities, and when and how they may be co-opted by into the business of territorial regulation. This chapter selectively traces jurisdictional developments as constitutive of these new regulatory trends in network society, set against customary international law on legislative, adjudicative and executive jurisdiction. It posits that authority of the territtorial State is not weakened by the rise of a global network society, and might even be strengthened by it.
Customary international law, jurisdiction, private international law, Conflict of laws, Platform providers, notice and takedown, blocking, gatekeepers, Cloud Act, MLAT, territorial sovereignty, statehood
69
Kohl, Uta
813ff335-441f-4027-801b-4e6fc48409c3
1 December 2021
Kohl, Uta
813ff335-441f-4027-801b-4e6fc48409c3
Kohl, Uta
(2021)
Jurisdiction in network society.
In,
Tsagourias, Nicholas and Buchan, Russel
(eds.)
Research Handbook on International Law and Cyberspace.
2nd ed.
Edward Elgar Publishing, .
(doi:10.4337/9781789904253.00013).
Record type:
Book Section
Abstract
Jurisdiction - or more precisely the entitlement to regulate a transnational event, that is to make, apply and enforce laws in respect of it - continues to be a live issue within the arena of network regulation and to evolve in line with wider regulatory trends. The controversy in the online environment has shifted away from the question of whether and, if so, when a State may apply its defamation, privacy, contract and intellectual property law, or criminal and regulatory law on eg. obscenity, pharmaceutical licencing and gambling to a global online activity. Now the focus is on more pragmatic concerns and in particularly, on the dominant tech platforms and their gatekeeping and data collection capacities, and when and how they may be co-opted by into the business of territorial regulation. This chapter selectively traces jurisdictional developments as constitutive of these new regulatory trends in network society, set against customary international law on legislative, adjudicative and executive jurisdiction. It posits that authority of the territtorial State is not weakened by the rise of a global network society, and might even be strengthened by it.
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More information
Accepted/In Press date: 2021
Published date: 1 December 2021
Keywords:
Customary international law, jurisdiction, private international law, Conflict of laws, Platform providers, notice and takedown, blocking, gatekeepers, Cloud Act, MLAT, territorial sovereignty, statehood
Identifiers
Local EPrints ID: 446025
URI: http://eprints.soton.ac.uk/id/eprint/446025
PURE UUID: e0ed1472-d352-487f-8ec6-9003ff3edfc1
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Date deposited: 19 Jan 2021 17:31
Last modified: 17 Mar 2024 03:54
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Contributors
Editor:
Nicholas Tsagourias
Editor:
Russel Buchan
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