In very simple terms jurisdiction deals with the where, what and who of law. It is who has authority over a particular area. Many people equate jurisdiction to a specific locality such that a police officer can’t arrest someone outside of his/her jurisdiction. While this is one of its meanings it is also true that the authority can be with regard to a subject matter or a specific person/s.
Jurisprudence is more nebulous in nature. It deals of the why and how of law. It is the studying/theory of law. It is determination of whether or not laws are needed in the first place. Are the laws that are created morally sound? In which circumstances laws need to be applied. What kinds of punishment if any need to be apply in those circumstances?
Unfortunately, law and cyberlaw in particular isn’t simple.
With the increase of usage and the daily dependence on the Internet, laws need to be created to deal with the types of crime that can be committed via this new medium. The media seems focused on the really big issues such as virus outbreaks and identity theft but there are less spectacular issues to deal with such as e-commerce, denial of service attacks and corporate espionage.
Laws protect a citizen’s rights. Cyberlaw is extensions of the laws that already exist and protect citizens in the physical world. Additionally, new laws need to be enacted that deal with the technology driven aspects of the Internet.
One of the main problems when dealing with cyberlaw is that different countries have different options on what is right and what is wrong. Many people the world over have a very basic sense of right and wrong. Deciding that every question is where jurisprudence comes into play. Jurisdiction needs to be established. One example that is often citied is the United State’s First Amendment rights to free speech. Many countries do not have this right and have laws that restrict what can be said/published.
Should Americans be able to publish information that is restricted in other parts of the world? Jurisprudence.
Should Americans be put on trail because they published “restricted” information on their web site? Jurisdiction.
What about their First amendment rights? Jurisprudence.
Who considers the information restricted? Jurisdiction.
Complicated? To say the least!