Research Papers Library

Jurisdiction over the internet: a canadian perspective

Canadian law recognizes that states have sovereign power to determine the rules of conduct that must be followed in their territory by both their citizens and foreigners. Such a rule has generally offered the benefits of stability and certainty. Yet such advantages seem less obvious when this rule is applied to electronic environments. Cyberspace scorns national boundaries and complicates recognition of the jurisdiction of laws and courts over certain situations...

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An overview of the use of digital evidence in international criminal courts

As digital evidence becomes more prevalent, it poses challenges to the International Criminal Court. This paper reviews some of the leading international criminal cases involving digital evidence, with a particular focus on the ICC, and identifies four types of evidentiary considerations specific to digital evidence: (1) authentication; (2) hearsay; (3) provenance (chain of custody); and (4) preservation of evidence...

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