Extraterritorial Enforcement Jurisdiction in Cyberspace: Normative Shifts

Abstract The most eye-catching effect of digitalization on the law enforcement jurisdiction is fading into irrelevance territoriality. Insofar as “physical” location digital data—on a server—may be entirely fortuitous and may in fact not known by territorial state, it appears unreasonable for that state to invoke its sovereignty shield against another state’s claims over such data. To prevent jurisdictional free-for-all, however, key exercise extraterritorial cyberspace becomes subject stringent test weighting all relevant connections interests concrete cases. Introducing means no longer governed binary rules (allowed allowed), but matter degree, requiring granular, contextual assessment. It remains case flexible attitude towards universally shared, practice expert opinion favor “un-territoriality data” has particular Western slant.