The limits of subjective territorial jurisdiction in the context of cybercrime

Despite the ubiquitous nature of cyberspace, territorial jurisdiction remains the most fundamental principle of jurisdiction in the cybercrime context. The objective of this paper is, however, to point out the limits of subjective territorial jurisdiction, one of the two main forms of territoriality, over cybercrimes, and thereby call into question the territorial dogma in the digital age. Subjective territorial jurisdiction, which can be claimed and exercised by the state on the territory of which a criminal conduct occurred, is indeed of limited use in the context of cybercrime precisely because it is very difficult to pinpoint the location where the conduct of a cybercrime actually took place. Technical and legal considerations explain such a situation.