Assessing the effectiveness of extradition and the enforcement of extra-territorial jurisdiction in addressing trans-national cybercrimes

Abstract

Cyberspace operates on a geographically borderless platform, thus often rendering national laws ineffective in regulating the impact of cyber-related activities outside South African borders. Recognising this issue, South Africa adopted the Cybercrimes Act, which permits the exercise of extra-territorial jurisdiction over trans-national cyber-related offences. The enforcement and effectiveness of extra-territorial jurisdiction and extradition law have, however, proven to be challenging and controversial in the international sphere. Issues such as internet fragmentation, contrasting municipal laws, and uncoordinated regulatory actions across state boundaries have undermined existing provisions regulating trans-national cybercrimes. These issues are furthered by the increased recognition of human rights, such as the right to privacy, which has deterred international cooperation and collaboration as states are subsequently required to subject their own citizens and entities to increased interception and scrutiny. The main thesis of this investigation is aimed at reviewing the practical implications surrounding the enforcement of extra-territorial jurisdiction and extradition law over trans-national cybercrimes. To this end, states are implored to develop both domestic and multilateral cybercrime laws and to improve existing enforcement mechanisms outlined in extradition law and mutual assistance agreements.