Settlement of cyber disputes through terrestrial provisions: Law and technology converge in the US practice

Abstract

Purpose

The purpose of this paper is to focus on how law, together with the internet, has created a new environment in the legal arena; and how the USA as a high‐tech nation relying upon previous territorial experience is making a new pathway for all the concerned persons and organizations to overcome the problems that have come out of cyber peculiarity.

Design/methodology/approach

This article is based on keen observation and intensive analysis of the US case laws and practices. This article concentrates on the study of the American cases as a representative type of hi‐tech nations for searching the influences of traditional territorial concept on the settlement of internet cases.

Findings

In spite of the inevitability of a distinct set of laws and legal principles to be adopted for cyber offences, the traditional territorial law can provide elements for cyber‐legal issues. As for being a pioneer hi‐tech nation, the US courts, whether federal or provincial, are very much inclined to decide the internet cases on the basis of territorial concept by applying the principles of traditional territorial notions.

Originality/value

The judges, lawyers, jurists, governments, public authorities, local authorities, statutory bodies and all other persons and institutes concerned from around the world shall find indications to chalk out the framework of solution for cyber disputes from the US practices.

Citation

Mahabubur Rahman, M., Ahmed, F., Osiur Rahman, M. and Hoque, A. (2011), "Settlement of cyber disputes through terrestrial provisions: Law and technology converge in the US practice", Journal of International Trade Law and Policy, Vol. 10 No. 2, pp. 185-196. https://doi.org/10.1108/14770021111140343