Jurisdiction Issues in Cyberspace: An Overview in respect of Brunei and Malaysia

Abstract:

Internet is a borderless world. It refuses to accord geopolitical boundaries. Hence, the internet has no physical boundaries and limitations. Despite the benefits the internet offers, it places a unique challenge for states mainly on the issue of jurisdiction and sovereignty. This article aims to discuss the issue of jurisdiction and sovereignty in the borderless world of the internet by referring to how the United States, one of the most developed countries, tackles this issue. The test is currently in force to address specific requirements such as the minimum contacts test, reasonable anticipations, and the effects cases that have to be met in dealing with the issue of jurisdiction on the internet. However, Brunei and Malaysia have different approaches as compared to this. These countries exercise that the location of the data or the accused at the time of the act is adequate to establish jurisdiction.