The occur as arbitration helps to prevent disputes

current provisions in Malaysia that governs jurisdictional issues are provided in s 9 of Computer Crimes Act 1997 (CCA
1997), s 4 of Communication and Multimedia Act 1998 (CMA 1998) as well as s 135 of Personal Data Protection Act
2010(PDPA 2010) as discussed earlier. Having discussed all the said
Sections, we can clearly see that the amount of effort the Malaysian government
put to solve jurisdictional issues in cyberspace is nonetheless quite fruitful.
However, even with the enactment of all these sections it still does not solve
the issue at hand thus leading us to discuss what are the possible means to
solves jurisdictional issues that occur in cyberspace at large. 

order to solve jurisdictional issues in cyberspace there are various method
that can be establish, and one of them would be providing arbitration online. Arbitration
is one of the alternative dispute resolution whereby it is a mechanism that
provides a neutral third party to listen and solve the dispute outside of court1. It must be noted this
method will only be applicable to civil cases and it should be agreed upon both
parties to seek for an arbitrator when they are involve in an internet disputes
and would like to have a legally binding and enforceable award.  Thus, by encouraging the usage of arbitration
as a medium to solve internet disputes there is less likely jurisdictional
issues would occur as arbitration helps to prevent disputes from going to
court.  Hence there is no need to
determine which country jurisdiction would apply to the offender.  This may not be solving jurisdictional issues
arising in cyberspace directly but it will at the very least help prevent it from
arising before the courts.

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             Moreover, by encouraging the parties to turn
to arbitration it will allow the parties involves in the internet disputes to
freely decide on which national law to determine their rights and obligations. If
the parties failed to decide upon which national law to determine their rights
and obligations, the arbitrator shall have the right to decide which national
law is the most suitable one to solve the dispute. Therefore, solving the
issues of having to decide which national law will be applicable to cyber
disputes.  Furthermore, the arbitration provides
a wider range of solution from national to international law without having to
strictly follow the laws laid down by one country. Thus, arbitration would be
one of the most flexible and useful method that should be applied in solving
cybercrimes as it would not disrupt the traditional jurisdiction and at the
same time allowing various national and international laws to be applicable to
cybercrimes offender from various country.

method that can be taken into consideration to solve jurisdictional issues in
cyberspace would be developing a transnational legal doctrine with regards to
In order to develop such doctrine, it would require the cooperation of all
countries around the globe to take part in it and agreed on the formation of
such doctrine as the cyberspace is a borderless world. In this doctrine, it should
prescribe that all those who commit cybercrime should be able to be tried in
both countries as this would prevent disregarding ones’ country jurisdiction
and it would be fair to both countries as well. This would be similar to Part 2 of the UK Extradition Act 20033
whereby, it allows the requesting country to request for the offender to be
sent to their country to be tried according to their country jurisdiction4 5.

addition, in this doctrine it should also prescribe clearly that whenever an
offence is committed in cyberspace the offender should be charge under the jurisdiction
that imposes a higher punishment upon him as this would prevent further occurrence
of the offence. And if the affected the country is still not satisfied with the
punishment impose upon him then they may use the dual criminality system as
prescribe in the same doctrine to request for the offender to be brought to
that country to tried him. However, in this doctrine it must also prescribe
that once a person is charge with the higher punishment the said country who
requested for the offender to be tried in their country may only charge him
with a secondary or a lesser penalty.

a transnational doctrine to guard cybercrimes would be a great option to solve
the issue of jurisdiction because by doing so all nations will be subjected to
the same legal doctrine and there would be less conflict between nations. Moreover,
it would provide a synchronize laws to be obeyed by all offenders as well as
all nations that agreed to create this doctrine. Hence, it will resolve the
current issue of having to decide which jurisdiction would apply to offender
and at the same time be fair to all nations as the same laws will applicable by
all of them.

the nations who agreed upon creating a doctrine to govern jurisdictional issues
with regards to cyberspace should also agree to create a formal body that see
to the enforcement of the doctrine. All participating nations should elect a
representative to be part of the formal body so that they would be able to
properly enforce the created doctrine. This particular body will be the ones
settling issues arises out of the doctrine.

far, we have provided methods such as arbitration, developing a legal doctrine  and creating a formal body to curb and govern
jurisdictional issues from arising in cyberspace. Another method that is to be
considered would be urging all nation to singed with the Budapest Convention6.  The aim of this convention is to protect
societies worldwide form the threat of cybercrimes7. This convention is the
one and only convention that exist in the world that binds international
instrument on the issue of cybercrimes. This convention provides a guideline to
all signed nations a comprehensive national legislation against cybercrime as
well as cooperation between them8.

by signing with the Budapest Convention it would automatically aid a nation
dealing with cybercrime issues. If all nation were to sign with this
convention, all nation will have a common understanding as to what type of
issues they are currently facing in the cyberspace. Hence, it will at the very
least provide a simple guideline and understanding between nation as to what laws
should be set by them and this would prevent any future jurisdictional issues
from occurring since all of them have the general idea of what are the issues
they are facing. This would at least allow the participating nations to come up
with a mutual agreement as to what extent their nation jurisdiction would

a nutshell, there a various method that can be adopted by the Malaysian
government as well as other nations to solve jurisdictional issues as discussed
above. In order to prevent further occurrence of jurisdictional issues in
cyberspace there must be a cooperation from all nation. By having the
cooperation of all nation from around the globe, it would be the best solution to
address this issue. This is due to the fact that, we are currently in the era
of Information Age9
whereby everything can be done in the cyberspace and with it being borderless
we will never know we are bound by which jurisdiction.


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