STATES JURISDICTION IN CYBER SPACE WITH EMPHASIS ON MEASURES FOR COMBATING CYBER TERRORISM INTRODUCTION A sovereign state has total jurisdiction over its territory, above its territory (Ariel jurisdiction) and in sea, However, the problem does not arise where the jurisdiction is traditional i.e. territorial and national. The problem area is the jurisdiction of a state in cyber space and if the cyber laws are enough or up to the running with growing development of cyber world. In current usage the term cyberspace refers to the global network of interdependent information technology infrastructures, telecommunications networks and computer processing systems in which online communication takes place. Free Dictionary "Cyberspace Defined". http://www.thefreedictionary.com/cyberspace As regarding the state’s jurisdiction in cyber space a fine line has not yet been drawn as to the rights of privacy of the individual and the government policy of getting a backdoor access to it. Richard Spinello, Cyberethics: Morality and Law in Cyberspace, (Ontario, Jones & Bartlett Learning, 2010) , xiv The main problem is what actions shall a government take to categorize the crimes committed over the internet and how can they bring the criminal under its jurisdiction and whether a state shall have access to private information of its citizen, and under what condition and under which circumstances the government shall have access to it. Ibid. As internet is a virtual world and a person sitting in one continent may hack the data base of the country from another continent and may pose a serious threat to national security so what would a state’s stance be in that regard and what redress can be offered to a person or party who get a huge economic loss due to internet phishing. The other legal problems that arise out of it are that in most jurisdictions, the ability of law enforcement to obtain data that may afford evidence usually requires some form of prior judicial approval. AUSTRALIAN INSTITUTE OF CRIMINOLOGY, accessed April 15, 2013, http://www.crime.hku.hk/cybercrime.htm What legal authority is required for obtaining electronic stored data without the consent of the persons concerned. In U.S president working group report in March 2000 it was stated that, In responding to the challenge of law enforcement on the Internet, one of the problems that state and local governments face is that, although the crimes and schemes on the Internet may victimize local populations, the medium over which these crimes are committed permits a defendant to be located anywhere in the world. The Electronic Frontier: The Challenge of Unlawful Conduct Involving the Use of the Internet: A Report of the President's Working Group on Unlawful Conduct on the Internet, March 2000 (Hereafter, ''President's Working Group Report''). Cyber Crimes The term ‘cybercrime’ is a misnomer. This term has nowhere been defined in any statute /Act passed or enacted by the Indian Parliament. The concept of cybercrime is not radically different from the concept of conventional crime. Both include conduct whether act or omission, which cause breach of rules of law and counterbalanced by the sanction of the state. "Cyber Crime." StudyMode.com. 01, 2010. accessed April 15, 2013, http://www.studymode.com/essays/Cyber-Crime-278353.html.Cybercrime is unlawful act in which computer is either tool or target. After development of internet every computer is able access data and information from all over the world. Etymologically, cybercrime combines the term crime with the root cyber from the word cybernetic, from the Greek, kubernân, which means to lead or govern. "Cyber Crime." accessed April 15, 2013, http://www.studymode.com/essays/Cyber-Crime-278353.html. The cyber environment includes all forms of digital activities, regardless of whether they are conducted through networks and without borders. Marc Watin Augourd, Prospective Analysis on Trends in Cybercrime from 2011 to 2020 ( France, NationalGendarmerie, 2011) 6. This extends the previous term computer crime to encompass crimes committed using the Internet, all digital crimes, and crimes involving telecommunications networks. This more recent terminology covers a wide variety of facets, leading to different approaches, depending on the dominant culture of the experts, making it appear either reduced or expanded, in different dimensions, dealing with emerging issues that also reflect its diversity. Ibid. Types of cyber crimes U.S. Attorney General Janet Reno recently highlighted the issue of unlawful conduct on the Internet in a speech to the National Association of Attorneys General at Stanford University in Palo Alto, California. After extolling the positive wonders of the Internet, Attorney General Reno explained: There is a dark side. A dark side in terms of traditional crime, of threats, child pornography, fraud, gambling, stalking, and extortion. They are all crimes that, when perpetrated via the Internet, can reach a larger and more accessible pool of victims, and can transform local scams into crimes that encircle the globe. By connecting a worldwide network of users, the Internet has made it easier for wrongdoers to find each other, to congregate, to socialize, and to create an online community of support and social reinforcement for their antisocial behaviors. U.S Attorney General Reno’s remarks on Computer Crime and Intellectual Property Section, Criminal Division, U.S. Department of Justice, 2000 , accessed April 15,2013, http://www.cybercrime.gov. As the Internet increasingly becomes one of the mainstream forms of person-to-person communication, local law enforcement authorities will find themselves confronted with citizen complaints of crimes by perpetrators who are not located within their jurisdiction. Although Internet crimes of national or international scope may become federal cases ''President's Working Group Report, 2000 Australian institute for criminology described nine types of cybercrimes. AUSTRALIAN INSTITUTE OF CRIMINOLOGY, accessed April, 15, 2013, http://www.crime.hku.hk/cybercrime.htmi.e. Theft of telecommunication services, communication in furtherance of criminal conspiracies, telecommunication piracy, dissemination of offensive material, electronic money laundering and tax evasion, electronic vandalism, terrorism and extortion, sales and investment frauds, illegal interception of telecommunication, electronic funds transfer frauds ibid. That covers about the problem areas of the cyber space. One can categorize them in three main cybercrimes regarding financial crimes (Ponzi schemes) U.S Security and Exchange Commission, accessed April, 15, 2013, http://www.sec.gov/answers/ponzi.htm#PonziWhatIs, cyber terrorism and publishing data against public policy with state’s authority to counter it Financial Crimes According to Edwin Sutherland's definition, white-collar crime “INTRODUCTION TO WHITE COLLAR CRIME”, accessed April 15, 2013 http://www.lexisnexis.com/lawschool/study/understanding/pdf/WhiteCollarCh1.pdf.refers to a relatively uniform behavior involving actions undertaken by individuals to contribute to the financial success of the organization. They violate the law for the firm. Yet the definition is loose. An offence would be called a white-collar crime insofar as it represents violation of a legal rule constructed to govern business affairs or occupational practice and insofar as the law violation took place as part of the conduct of regular business or occupational activities. “INTRODUCTION TO WHITE COLLAR CRIME”, accessed April 15, 2013 http://www.lexisnexis.com/lawschool/study/understanding/pdf/WhiteCollarCh1.pdf. The white collar crimes fits the Ponzi schemes carried through cyber space. This also lead to the misuse of computer and internet for such Financial crimes, Online gambling, Identity stealing, Hacking, Intellectual Property crimes, Email spoofing, Email bombing, Denial of Service attack etc. Now days most of financial and non-financial activities are done with computer and computer related services such as Internet. Also the concept of e-Governance coming in picture, where the confidential document of an organization is process and stored. “ Cyber Crime”, accessed April 15, 2013, http://www.studymode.com/essays/Cyber-Crime-278353.html Digital technology permits perfect reproduction and easy dissemination of print, graphics, sound, and multimedia combinations. The temptation to reproduce copyrighted material for personal use, for sale at a lower price, or indeed, for free distribution, has proven irresistible to many. This has caused considerable concern to owners of copyrighted material. Each year, it has been estimated that losses of between US$15 and US$17 billion are sustained by industry by reason of copyright infringement United States Information Infrastructure Task Force (1995), 131.Hackers are no longer motivated by notoriety – it's now all about the money. Guillaume Lovet, Threat Response Team Leader at security firm Fortinet, identifies the players, their roles and the returns they enjoy on their investments. How Cyber Criminals Works, CYBERLAWSINDIA.NET, accessed April, 15, 2013, http://www.cyberlawsindia.net/cases.htmlCybercrime which is regulated by Internet Law (Cyber Law) or IT Act 2000 IT Act of India 2000. has become a profession and the demographic of your typical cybercriminal is changing rapidly, from bedroom-bound geek to the type of organized gangster more traditionally associated with drug-trafficking, extortion and money laundering. “How Cyber Criminals Works”, accessed April, 15, 2013, http://www.cyberlawsindia.net/cases.html It has become possible for people with comparatively low technical skills to steal thousands of pounds a day without leaving their homes. In fact, to make more money than can be made selling heroin (and with far less risk), the only time the criminal need leave his PC is to collect his cash. Sometimes they don't even need to do that. In 1994, a Russian hacker Vladimir Levin, operating from St Petersburg, accessed the computers of Citibank's central wire transfer department, and transferred funds from large corporate accounts to other accounts which had been opened by his accomplices in The United States, the Netherlands, Finland, Germany, and Israel. Peter Grabosky, The global and regional cyber crime problem, accessed April, 15, 2013, http:// www.crime.hku.hk/cybercrimeproblem.doc Officials from one of the corporate victims, located in Argentina, notified the bank, and the suspect accounts, located in San Francisco, were frozen. The accomplice was arrested. Another accomplice was caught attempting to withdraw funds from an account in Rotterdam. Although Russian law precluded Levin's extradition, he was arrested during a visit to the United States and subsequently imprisoned. Ibid. The rise of cybercrime is inextricably linked to the ubiquity of credit card transactions and online bank accounts. Get hold of this financial data and not only can you steal silently, but also – through a process of virus-driven automation – with ruthlessly efficient and hypothetically infinite frequency. “How Cyber Criminals Works”, accessed April, 15, 2013 http://www.cyberlawsindia.net/cases.htmlThe question of how to obtain credit card/bank account data can be answered by a selection of methods each involving their own relative combinations of risk, expense and skill. Also this is an international trade; many cyber-criminals of this ilk are from poor countries in Eastern Europe, South America or South-East Asia. “How Cyber Criminals Works”, accessed April, 15, 2013 http://www.cyberlawsindia.net/cases.htm. The state may counter such scams by enforcing such laws in which the state gains a way to encroach upon person’s privacy as in cyber space the identity of the thief may not be known and cannot be apprehended without giving up on person’s privacy. U.S in this regard passed “The Patriot Act” The USA PATRIOT Act: Preserving Life and Liberty (2001) The act, as a response to the terrorist attacks of September 11th, significantly reduced restrictions in law enforcement agencies' gathering of intelligence within the United States; expanded the Secretary of the Treasury’s authority to regulate financial transactions, particularly those involving foreign individuals and entities; and broadened the discretion of law enforcement and immigration authorities in detaining and deporting immigrants suspected of terrorism-related acts. The act also expanded the definition of terrorism to include domestic terrorism, thus enlarging the number of activities to which the USA PATRIOT Act’s expanded law enforcement powers can be applied .Anti-money-laundering to prevent terrorism Ibid. Title IIIintended to facilitate the prevention, detection and prosecution of international money laundering and the financing of terrorism. It was divided into three subtitles, with the first dealing primarily with strengthening banking rules against money laundering, especially on the international stage. The second attempts to improve communication between law enforcement agencies and financial institutions, as well as expanding record keeping and reporting requirements. The third subtitle deals with currency smuggling and counterfeiting, including quadrupling the maximum penalty for counterfeiting foreign currency, such as the Hans Vierck case of 2001. The first subtitle tightened the record keeping requirements for financial institutions, making them record the aggregate amounts of transactions processed from areas of the world where money laundering is a concern to the U.S. government. It also made institutions put into place reasonable steps to identify beneficial owners of bank accounts and those who are authorized to use or route funds through payable-through accounts. USA PATRIOT Act , Subtitle A, Sec. 311. Hence any individual financial record and business dealings via banks were given full access to intelligence agencies to prevent cyber financial scamming as U.S alleged that such money can be used for terrorist activities against U.S and for its security such steps should be taken. ibid, Sec.330The second annotation made a number of modifications to the BSA http://www.bsa.org/ in an attempt to make it harder for money launderers to operate and easier for law enforcement and regulatory agencies to police money laundering operations. It was to allow the designated officer or agency who receives suspicious activity reports to notify U.S. intelligence agencies. USA PATRIOT Act, Title III Subtitle B, Sec 356. The third annotation does not relate to cyber scam control so it shall not be discussed here. Hence in that way U.S.A brought about those involved in cyber scamming under their jurisdiction by keeping in track all the internet record of the suspicious persons to prevent cyber scamming also they devised penalties for those involved in it. In 2012 UK proposed an Act that would grant the UK government access to personal data of ordinary citizens, despite the government’s defense that only certain people will be actively investigated. Robbie Martin, “UK Government Tries Out The PATRIOT Act”, Media Roots, accessed 16, April 2013 http://mediaroots.org/uk-government-tries-out-the-patriot-act.phpControversial new British legislation could allow the UK’s electronics intelligence agency GCHQ access in real-time data of phone calls, emails, social networks, and Web traffic by all UK residents. Martin, Media Roots, accessed 16, April 2013 , http://mediaroots.org/uk-government-tries-out-the-patriot-act.php Data collected would include the time a call, email, or website was visited, the duration of which, and which websites or phone numbers were called. Details of the sender and recipient of emails, such as IP addresses, would also be collected. Everything scrap of data will be stored by ISPs, but not all of this data will be made available to GCHQ without a court order or Home Secretary-sanctioned authority. Ibid.But it already faces the possibility of stiff opposition at a European level unless safeguards are put into place that limits the scope of that monitoring. Zack Whittaker, “UK's 'Patriot Act' Web monitoring law could face European veto”, London Calling, Accessed 16, April 2013, http://www.zdnet.com/blog/london/uks-patriot-act-web-monitoring-law-could-face-european-veto/3833 In India of the IT Act IT Act of India 2000. talks about penalties and adjudication for various offences. The penalties for damage to computer, computer systems etc. has been fixed as damages by way of compensation not exceeding Rs. 1,00,00,000 to affected persons. Ibid. chapter IX The Act talks of appointment of any officers not below the rank of a Director to the Government of India or an equivalent officer of state government as an Adjudicating Officer who shall adjudicate whether any person has made a contravention of any of the provisions of the said Act or rules framed there under. The said Adjudicating Officer has been given the powers of a Civil Court. Ibid. Chapter-XI of the Act I.T Act of India, chapter X. talks about various offences and the said offences shall be investigated only by a Police Officer not below the rank of the Deputy Superintendent of Police. These offences include tampering with computer source documents, publishing of information, which is obscene in electronic form, and hacking. The Act also provides for the constitution of the Cyber Regulations Advisory Committee, which shall advice the government as regards any rules, or for any other purpose connected with the said act. I.T Act of India, chapter X. The said Act also proposes to amend the Indian Penal Code, 1860, the Indian Evidence Act, 1872, The Bankers' Books Evidence Act, 1891, The Reserve Bank of India Act, 1934 to make them in tune with the provisions of the IT Act. Cyber terrorism Here cyber terrorism is categorized in two parts, i.e. cyber terrorism against states and cyber bullying. Teri Breguet , Frequently Asked Questions About Cyberbullying, (New York, The Rosen Publishing Group, 2007), 5Both are different in this regard that the former is directed towards the state and against state’s security while the later is directed towards the individuals. Cyber terrorism relates to cyber virus attacks/salami attacks, web jacking, data diddling etc. while cyber bullying relates to cyber stalking, cyber defamation and also it has a fine relationship to cyber blasphemy. Cyber blasphemy under cyber bullying comes under cyber crimes against public policy of the state when it is directed towards a social or ethnic group that is at large in a state. But here the cyber crimes relating to cyber terrorism is discussed. The three most commonly cited threats are common to businesses, communities, and government. They are: Unavailability By making services unavailable, or sabotage it, or blocked access to the services, or complete service paralysis Breguet , Frequently Asked Questions About Cyberbullying, 9  Damage to data The data may be of strategic importance, or personal, or confidential, or of very sensitive nature Breguet , Frequently Asked Questions About Cyberbullying, 9. which may threat the security or a nation or organization or person. From a cognitive and social sciences point of view, difficulties in managing crises can lead to the partial or total paralysis of networks and information systems necessary for critical activities and major needs. Despite the true dependence on such systems, they are afforded little consideration. Cyber terrorism against the state The attacks conducted against critical infrastructures and strategic financial, socio-economic, and other services, using of vulnerable relays or active groups in order to disrupt and paralyze systems, blacking out communications or power grids, especially at times of conflict. Threats to technical, security, or monitoring facilities .Sabotage vital infrastructures Loss or theft of data / interception of or access to sensitive data, denial of service, blocked access, attacks to e-administration sites, Threats to the security, Damage to data integrity specially falsification of documents, Propagation of malware through social networks , Web navigation, Augourd, “Prospective Analysis on Trends in Cybercrime from 2011 to 2020” ,14-19these all comes under cyber terrorism against state. While this potential has yet to be realized, a number of individuals and protest groups have hacked the official web pages of various governmental and commercial organizations Rathmell (1997), Accessed 16, April 2013, http://www.2600.com/hacked_pages/This may also operate in reverse: early in 1999 an organized hacking incident was apparently directed at a server which hosted the Internet domain for East Timor, which at the time was seeking its independence from Indonesia. David Wall, Crime and the internet, (London, Routledge, 2001), 32 Michigan’s statute aims at network-related computer crime by making it clear that if a person located in one county access a computer network located in another county to commit a computer crime, the offense may be prosecuted in either jurisdiction. Terrence Berg, “State Criminal Jurisdiction in Cyberspace: Is There a Sheriff on the Electronic Frontier?”, Michigan Bar journal, accessed april 16,2013, http://www.michbar.org/journal/article.cfm?articleID=94&volumeID=8 Recently, the Michigan Senate also passed legislation amending the state’s statute dealing with child pornography and solicitation of children over the Internet, and included a section to clarify the law’s jurisdictional reach. Although current Michigan statutes do not expressly seek to define or extend extraterritorial jurisdiction generally, Ibid. as do the laws of some states, they do provide foundations for arguments to extend such jurisdiction. United States v. Morris (1991), decided March 7, 1991. United States v. Morris (1991) After the release of the Morris worm, an early computer worm, its creator was convicted under the Act for causing damage and gaining unauthorized access to federal interest computers. The Act was amended in 1996, in part, to clarify language whose meaning was disputed in the case. Ibid. United States v. Bradley Manning 2010. United States v. Bradley Manning (2010) Bradley Manning was a soldier who allegedly disclosed tens of thousands of documents to those 'not entitled to receive' them. Among the 34 counts against him, there are several under (a)(1) and (a)(2) of the CFAA Computer Fraud and Abuse Act 1984, USA ( as amended in 1986, 1989, 1994, 1996, in 2001 by the USA PATRIOT Act, 2002, and in 2008 by the Identity Theft Enforcement and Restitution Act.), some specifically linked to files like the Reykjavik 13 State Department cable and a video of the July 12, 2007 Baghdad airstrike Ibid. In Pakistan President Asif Ali Zardari promulgated the Prevention of Electronic Crimes Ordinance on November 6, 2008, making cyber-terrorism punishable with death or imprisonment for life. The penalty is limited to an offence that causes death of any person, according to the ordinance that will be considered effective from September 29 2009 Tahir Niaz, “Cyber-terrorism will be punishable by death”, Daily Times ,Pakistan, November 7, 2008, 1-8.. The Ordinance stated that Any person, group or organisation [sic] who, with terroristic intent, utilises [sic], accesses or causes to be accessed a computer or computer network or electronic system or electronic device or by any available means, and thereby knowingly engages in or attempts to engage in a terroristic act commits the offence of cyber terrorism. Ibid. It further stated that Aiding the commission of or attempting to aid the commission of an act of violence against the sovereignty of Pakistan, whether or not the commission of such act of violence is actually completed; or stealing or copying, or attempting to steal or copy, or secure classified information or data necessary to manufacture any form of chemical, biological or nuclear weapon, or any other weapon of mass destruction also includes cyber terrorism Ibid.  Cyber bullying Cyber bullying is actually terrorizing the individual via cyber space, it is regarding misinformation about a person, defamation, damaged image, Cyber-extortion, demand for ransom, blackmail, Propagation of malware through social networks, Web navigation, falsification of documents, damage to the integrity of personal information. Augouard, Prospective Analysis on Trends in Cybercrime from 2011 to 2020 ,15 Robbins v. Lower Merion School District (U.S. Eastern District of Pennsylvania) Doug Stanglin, "School district accused of spying on kids via laptop webcams", USA Today, New York, February 18, 2010, 1., where plaintiffs charged two suburban Philadelphia high schools secretly spied on students by surreptitiously and remotely activating webcams embedded in school-issued laptops the students were using at home, violating the Act. The schools admitted to secretly snapping over 66,000 web shots and screenshots, including webcam shots of students in their bedrooms. Ibid..United States v. Aaron Swartz, 2011, United States v. Aron Swartz (2011) Aaron Swartz allegedly entered an MIT wiring closet and set up a laptop to mass-download articles from JSTOR. http://www.jstor.org/ Accessed 16, April 2013 He allegedly avoided various attempts by JSTOR and MIT to stop this, such as MAC address spoofing. He was indicted for violating CFAA provisions (a)(2), (a)(4), (c)(2)(B)(iii), (a)(5)(B), and (c)(4)(A)(i)(I),(VI). Computer Fraud and Abuse Act of 1984 (CFAA). The government dropped the charges after Swartz committed suicide in January 2013. Dave Smith, “Aaron Swartz Case: US DOJ Drops All Pending Charges Against The JSTOR Liberator, Days After His Suicide”, International Business Times, New York, January 15, 2013, Accessed 16, April 2013, http://www.ibtimes.com/aaron-swartz-case-us-doj-drops-all-pending-charges-against-jstor-liberator-days-after-his-suicide Aaron's Law proposal In the wake of the prosecution and subsequent suicide of Aaron Swartz, lawmakers have proposed to amend the Computer Fraud and Abuse Act. Representative Zoe Lofgren has drafted a bill that would help "prevent what happened to Aaron from happening to other Internet users". Ryan J. Reilly, “Zoe Lofgren Introduces 'Aaron's Law To Honor Swartz On Reddit”, Haffington post, U.S.A, January15,2013, 3 The bill would exclude terms of service violations from the 1984 Computer Fraud and Abuse Act and from the wire fraud statute, despite the fact that Swartz was not prosecuted based on Terms of Service violations. Ibid. The Computer Fraud and Abuse Act of 1984 (CFAA) McCool, Grant, “Computer Fraud and Abuse Act: The 1980s-Era Hacking Law Out Of Step With Today's Internet, Analysts Say”, Huffington Post, U.S.A, July,29, 2012, 6. was intended to reduce cracking of computer systems and to address federal computer-related offenses. The Act was approved by the U.S. Congress, signed by the President and is now codified as 18 U.S.C. Sec 1030 18 USC Sec 1030 ( Fraud and related activity in connection with computers). It governs cases that implicate a compelling federal interest, where U.S. government computers, or those of certain financial institutions are involved, where the crime itself is interstate in nature, or where computers are used in interstate and foreign commerce. The Act Computer Fraud and Abuse Act of 1984 (CFAA). has been amended a number of times—in 1986, 1989, 1994, 1996, in 2001 by the USA PATRIOT Act, 2002, and in 2008 by the Identity Theft Enforcement and Restitution Act. Subsection (b) of the Act makes it a crime not only to commit (or attempt to commit) an offense under the Act, but also to conspire to do so. Ibid. In Pakistan the Prevention of Electronic Crimes Ordinance also prescribed penalty for those involved in terrorizing individuals through cyber space it states that Fraud, stalking, spamming: Criminal access to an electronic system will be punishable with up to two years in prison and a Rs 300,000 fine, according to the ordinance. Criminal data or system damage is punishable with up to three years. Cyber stalking is punishable with up to seven years in prison and a Rs 100,000 fine, and up to 10 years if the victim is a minor. Niaz, “Cyber-terrorism will be punishable by death”, 1-8 Cyber-attacks on State’s public policy The cyber crimes against public policy are damage to image, misinformation, defamation, compromise e.g blasphemy, child pornography, ethical or racial insults, hence any act which is punishable in jurisdiction of that particular state towards which the act was directed. It may aggravate the feelings of public in various countries and not just one state. United States v. Neil Scott Kramer 2011 United States of Amarica v. Neil Scott Kramer (2011). Kramer was a court case where a cellphone was used to coerce a minor into engaging sex with an adult. Central to the case was whether a cellphone constituted a computer device. Ultimately, the United States Court of Appeals for the Eighth Circuit found that a cell phone can be considered a computer if "the phone perform[s] arithmetic, logical, and storage functions," U.S v. Kramer (2011). paving the way for harsher consequences for criminals engaging with minors over cellphones Ibid. Internet blasphemy is the most widely committed crime mostly because many nations does not consider it blasphemy but freedom of expression, an International Human Right. Universal Declaration of Human Rights, (1948), Art 19 However many Muslim states put restrictions on such rights. As incorporated in Sec 295-A, 295-B and 295-C of Pakistan Penal Code. Pakistan Penal Code, Chp XV, Art 295-A,B,C. Which provide penalties for any person found guilty of outraging religious feelings of any class by insulting its religion or religious beliefs or defiling copy of Holy Quran or use any derogatory remarks against Holy Prophet (P.B.U.H) Ibid. The Lahore High Court on May 20, 2010, directed PTA authorities to temporarily block Facebook till May 31st and declared banned the website for holding a competition of blasphemous caricatures of Holy Prophet Muhammad (PBUH) on the website. Staff Reporter, “Facebook blocked in Pakistan,” The Nation , Pakistan, May 20, 2010, Accessed 16, April 2013, http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/politics/20-May-2010/Facebook-blocked-in-Pakistan The Lahore High Court on 19 Sep 2011, ordered ministry of information and technology to block access to all websites in Pakistan especially American social networking website Facebook that is , spreading religious hatred on internet. Staff Report, “Facebook to be blocked,” Pakistan Today, Monday, 19 Sep 2011, accessed 16, April, 2013, http://www.pakistantoday.com.pk/2011/09/19/uncategorized/facebook-to-be-blocked/ Due to a blasphemous film trailer “Innocence of Muslims” on YouTube, Pakistani government had banned the entire website in a form of protest. Since the news spread about this denigrating video, Pakistani government ordered Pakistan Telecommunication Authority (PTA) to first block all the links to the 14-minute film trailer. The government said that they had requested Google, which owns YouTube, to remove all of these videos, but they refused on the ground of free speech. Subsequently, Pakistan also banned YouTube. Sidrah Zaheer, “Is It Enough to Ban YouTube to Stop Cyber Blasphemy?”, More Telecom and IT News, Pakistan, October 4, 2012, accessed April, 16,20013, http://www.moremag.pk/2012/10/04/is-it-enough-to-ban-youtube-to-stop-cyber-blasphemy/ The amateurishly produced film, Innocence of Muslims, caused furor across the Muslim world precipitating into mass street protests in Egypt, Libya and in Pakistan among other Muslim countries. The site was recently blocked in Egypt over the video. Web Desk, “Government decides to continue YouTube ban”, Express TRIBUNE, Pakistan .February 13, 2013, accessed April, 16, 20013, http://tribune.com.pk/story/506765/government-decides-to-continue-youtube-ban/ Thus, it is in jurisdiction of a state that if an act which may not be considered as crime but if it is against public policy of that state it may put restrictions on it and can also take measures to counter it. CONCLUSION Both case law and (in many states) statutory authority provides legal basis for states to rely upon in prosecuting out-of-state defendants who victimize their populations using the technology of the Internet. In common law jurisdictions, the state’s burden is to show detrimental effects within the forum state and intent to cause such effects. In states with extraterritorial jurisdictional statutes, the specific terms of the law must be examined to determine whether the conduct is covered. However, one thing is relatively certain, Berg, “State Criminal Jurisdiction in Cyberspace”, accessed April 16, 2013, http://www.michbar.org/journal/article.cfm?articleID=94&volumeID=8 A showing of minimum contacts with the forum is not required for criminal prosecutions. When criminals use the World Wide Web to host their fraudulent schemes or ploy their illegal trade, they harm many jurisdictions by stealing their citizen’s money or delivering contraband into their communities, or by outraging their community via blasphemous contents. Such cybercriminals clearly cause intentional detrimental effects in the forum state, and may be held accountable by that state. 19