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Jurisdictional issues concerning online child pornography

Gillespie, Alisdair (2012) Jurisdictional issues concerning online child pornography. International Journal of Law and Information Technology, 20 (3). pp. 151-177. ISSN 1464-3693

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Abstract

The Internet has posed a number of challenges to the concept of jurisdiction in respect of many crimes. The inherent architecture of the Internet means that questions have been raised as to whether ‘cyberspace’ should be recognised as a new form of international space. This article questions whether this is necessary or desirable and then considers how two countries, England & Wales and the United States of America, have interpreted their domestic law to provide for securing jurisdiction not only where people access child pornography from within the territorial borders of the country but even where material, hosted abroad, is accessible from within the territorial borders. The article considers the implication this has on laws seeking to tackle child pornography and whether it has extended the law of jurisdiction beyond that which is commonly understood.

Item Type: Article
Journal or Publication Title: International Journal of Law and Information Technology
Uncontrolled Keywords: child pornography ; internet ; jurisdiction ; territorial principle ; uploading ; making available
Subjects: K Law > KD England and Wales
Departments: Faculty of Arts & Social Sciences > Law School
ID Code: 58688
Deposited By: ep_importer_pure
Deposited On: 28 Sep 2012 15:53
Refereed?: Yes
Published?: Published
Last Modified: 28 Feb 2013 12:46
Identification Number:
URI: http://eprints.lancs.ac.uk/id/eprint/58688

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