Cybercriminality

With the emergence of the Internet came a sort of "deterritorialized network". Because the Internet connects countries together, it is hard to determine where Internet borders really lie. We can go on the Internet without a passport and without going through customs. The Internet does not have a veritable frontier.

Our IP address (Internet Protocol address) gives an identity to our computer and therefore links to the territory we live on, but unfortunately the international law regarding the Internet is not as simple as that. 

Law, on the other hand, is very dependant on territory. Laws in France are not always the same as laws in the United States and England. This complicates international law because what may be legal on the Internet in China, may not be the case in India.

The first international treaty to discuss cybercrime was the Convention on cybercrime of November 22, 2001. It explained protocol concerning xenophobia, racism, child pornography, hate on the Internet and other Internet crimes. This was done to show the importance of preserving Human rights and liberties. 

Source: Council of Europe

Even though the Convention on Cybercrime was written by the Council of Europe, it goes way beyond these borders. Countries all over the world such as Australia, the United States and Japan have signed the convention. 63 countries even ratified the Convention in May 2019. Some of these countries include the Philippines, Japana and Canada. 

It is important to note that Article 22 of the Convention on cybercrime indicates that depending where the cybercrime was committed, each nation needs to "establish its jurisdiction when the offence is committed on its territory". (Source : Council of Europe)

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