Legal challenges posed by cybercrime similar to those posed by maritime piracy

The Internet poses legal challenges similar to those encountered in maintaining order in the use of the world's oceans. UNCLOS, which imposes law and order in the seas, entered into force based on "the notion that all problems of ocean space are closely related and needed to be addressed as a whole."" Similarly, the Internet is shared globally and the consequences of actions taken by an Internet user in one jurisdiction can be borne globally. As a result, the legal challenges posed by cyberaggression are similar in many respects to the problems posed by piracy and other criminal activity on the high seas. UNCLOS specifically addresses piracy by defining conduct that constitutes piracy¹⁷⁸ and describing the duties of all nations with respect to combating piracy.¹⁷⁹ For example, UNCLOS balances the territorial jurisdiction of nations with the concept of universal jurisdiction. Article 105 provides that "[o]n the high seas, or in any other place outside the jurisdiction of any State, every State may seize a pirate ship or aircraft" and that "[t]he courts of the State which carried out the seizure may decide upon the penalties to be imposed."¹⁸⁰ Moreover, if a vessel engaged in piracy is captured in international waters by a nation that does not have criminal law that applies beyond their territorial borders, other nations that do have such criminal law may prosecute the pirates based on universal jurisdiction.¹⁸¹