EXTRATERRITORIAL JURISDICTION TO ENFORCE IN CYBERSPACE? BODIN, SCHMITT, GROTIUS IN CYBERSPACE
Bibliographic record
Abstract
What is at stake if justice authorities decide to hack a computer system that is physically located on a server outside the territory of the state they represent – for instance, because a malicious attack was operated from foreign territory, causing serious harm to a variety of computing systems? The article explores potential answers to this question, starting with a discussion of the makings of territorial jurisdiction. My starting point is an inquiry into the territorial spatiality of modern jurisdiction that traces the history of the idea of mutually exclusive jurisdiction that informs international law. I will argue that such territorial spatiality has been generated by the technologies of cartography and discuss how this connects with the notion of terror, with Bodin’s absolute sovereignty, and with Schmitt’s understanding of occupatio as central to territorial sovereign jurisdiction. Next, I investigate the powers of extraterritorial jurisdiction in the light of Grotius’s Mare Liberum. His natural law theory entails that the high seas be seen ‘as a passage’ and ‘a global commons’ that enable free trade and the common good of mutual collaboration between independent states. The eschatological overtones of Grotius’s belief in the moral and economic benefits of free trade have been coined ‘economic theology’ by Agamben, paraphrasing Schmitt’s ‘political theology.’ We can detect a similar ‘economic theology’ in early descriptions of the benefits of cyberspace. This, finally, raises the question of the feasibility and the desirability of a ‘cyberspace liberum,’ taking into account various attempts to gain control over parts of cyberspace for instance, by means of a so-called indirect extraterritorial effect. I conclude with the question of whether we can sustain cyberspace as a passage and as a global commons, considering its non-modern spatiality and keeping in mind how it engages with the landscape of territorial jurisdiction while often evading that jurisdiction’s core of mutually exclusive boundaries.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.003 | 0.006 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.006 | 0.047 |
| Scholarly communication | 0.009 | 0.014 |
| Open science | 0.001 | 0.005 |
| Research integrity | 0.003 | 0.005 |
| Insufficient payload (model declined to judge) | 0.004 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".