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About Me

hi everyone, welcome to our blog.we, the authors are the 2nd year law students from the Faculty of Law, National University Malaysia. this blog, which is basically on jurisdiction in cyberspace is created as a requirements for the Cyber law course under the observation of our respected lecturer Dr. Nazura Abdul manap. kindly visit our blog and give comments. Thank you

Tuesday, October 12, 2010

the Uploader and the Downloader

there are 2 activities that are always happen in cyberspace, either putting information into cyberspace or taking information out of cyberspace. At law in cyberspace, people who doing this activities are know as the uploader and the down loader. Under this theory, the uploader and the downloader act like spies in the classic information drop which  the uploader puts information into a location in cyberspace, and the downloader accesses it at a later time. there is no need for both of them to know each one identities. Unlike the classic information, everyone has to communicate with each other in order to share information Some areas of the Internet are accessed by hundreds of thousands of people from all over the world, while others languish as untrodden paving stones on the seemingly infinite paths of cyberspace. 

In both civil and criminal law, most actions taken by uploaders and downloaders present no jurisdictional difficulties. A state can forbid, on its own territory, the uploading and downloading of material it considers harmful to its interests. A state can therefore forbid anyone from uploading a gambling site from its territory, and can forbid anyone within its territory from downloading, i.e. interacting, with a gambling site in cyberspace. For example, the Supreme Court recently declared the "Communications Decency Act" (CDA) unconstitutional for overbreadth and vagueness on a facial challenge, but therefore did not have a chance to address its international implications. Quite apart from the internal limitations of the U.S. Constitution, there is little doubt that, under international law, the United States has the jurisdiction to prescribe law regulating the content of what is uploaded from United States territory. Had the Supreme Court been presented with an actual case or controversy concerning the application of the CDA to a foreign national resident abroad, the Supreme Court would have had to consider the extraterritorial application of the law as written, and could have been expected to apply the presumption against extraterritoriality and to have circumscribed the CDA in that regard. 

in Malaysia, there is no jurisdiction about the down loader. everyone is free to download whatever they want for free especially song. i think there will be strict jurisdiction after this that will be amendment.

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