Published on: March 2026 2026
JURISDICTIONAL ISSUES IN CROSS-BORDER CYBERCRIME
AKA. TANMAYA PHANI
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Abstract
This research paper focuses on the jurisdictional issues that arise in cases of cross-border cybercrime. It examines whether current legal frameworks are adequate to deal with such offences and highlights the practical problems faced by law enforcement agencies. The study follows a Doctrinal method of research and is based on an analysis of Statutes, Case laws, International conventions, and academic writings. A comparative approach is adopted to study how India, the United States, and the European Union deal with jurisdiction in cybercrime cases.
The paper explains traditional principles of jurisdiction, such as territorial and nationality-based jurisdiction, and shows why these principles are often insufficient in cybercrime cases. It also discusses international efforts to address these issues, including the Budapest Convention on Cybercrime and recent initiatives at the United Nations level. Special attention is given to challenges such as delays in cross-border cooperation, difficulties in accessing electronic evidence, and conflicts between data protection laws and criminal investigations.
The paper further looks at emerging issues caused by technological developments like cloud computing, encryption, and the use of artificial intelligence in cyber investigations. These developments, while helpful, also raise new legal and jurisdictional concerns.The study concludes that there is a need for clearer jurisdictional rules, better coordination between countries, and common standards for handling digital evidence. It suggests that strengthening international cooperation and updating domestic cyber laws are essential to effectively deal with cross-border cybercrime while respecting national sovereignty and individual privacy.
How to Cite this Paper
PHANI, A. T. (2026). Jurisdictional Issues in Cross-Border Cybercrime. International Journal of Creative and Open Research in Engineering and Management, <i>02</i>(03). https://doi.org/10.55041/ijcope.v2i3.019
PHANI, AKA.. "Jurisdictional Issues in Cross-Border Cybercrime." International Journal of Creative and Open Research in Engineering and Management, vol. 02, no. 03, 2026, pp. . doi:https://doi.org/10.55041/ijcope.v2i3.019.
PHANI, AKA.. "Jurisdictional Issues in Cross-Border Cybercrime." International Journal of Creative and Open Research in Engineering and Management 02, no. 03 (2026). https://doi.org/https://doi.org/10.55041/ijcope.v2i3.019.
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