Wednesday 18 April 2012

Online Jurisdiction


The main issue that is brought up in the MegaUpload case is whether or not America's jurisdiction spreads over the internet. The people arrested in relation to MegaUpload had no domicile in America as they were citizens of various countries living in New Zealand. Moreover, the company was not founded in America, the only point that links them to America are the servers located in Virginia.

The main implication of this case is that any breach of law from any country that occurs online can put the offender in that countries jurisdiction; as long as they have servers in that country. If the accused get extradited on these grounds it shall be a precedent that can be used everywhere.

Personally I do not think the accused should be put to trail in America since there link to the accused is very weak. The fact that there domicile is not in America and there company was not founded there either. If this was a crime that did not occur online, America would not be after them. Instead they should be put to trial either where the company was founded or in there country of domicile.

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