Revisiting the Safeguarding of Information Assets – Part XX
Profile: Robert Davis
International jurisdiction is based predominantly on geographical world division into national territories. Within these geographical divisions, each established government has the sovereign right to exercise magistracy over its territory. However, upon detection of an illegal act, if a citizen of a country commits an IT-related crime in another country, problems may arise when the perpetrator is residing in their home country during violation discovery. For instance, when attempting to convict computer-related crime suspects, many countries resist extraditing nationals. In such situations, as feasible legal strategies, an existing rules extension to the extraterritorial jurisdiction or a change in proceedings venue can be considered; with a perspective for creating the necessary prerequisites enabling successful prosecution in at least one jurisdiction linked to the illegal act. Collaboratively, mutual assistance agreements, extradition laws, recognition and reciprocity provisions, legal proceedings transfers and other international cooperation in matters relating to IAP may facilitate aid to extraterritorial jurisdictional issues during violation investigations, apprehension of perpetrators as well as court appearances.
Source:
Generally Accepted Information Security Principles Committee. GAISP V3.0. N.p.: Information Systems Security Association, 2004.
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