“ There are no rules of international law, other than the principles of comity and non-intervention, that impose express limitations on the freedom of sovereign States in establishing extraterritorial criminal jurisdiction. Where there is strong international solidarity by way of customary or conventional international law, jurisdiction over important offences may be decided by the principle of universality, in addition to the applicability of other grounds of jurisdiction. No such conventions exist yet in relation to computer crime. ”

“ The territoriality principle 245. There are a number of problems related to the issue of jurisdiction. In every computer crime, the determination of the locus delicti (the location of the offence) will affect the ability of a particular country to sanction the crime. Will the sanction arise by virtue of territorial jurisdiction and domestic law, or must extraterritorial principles apply? ”

“ The issue of international computer crime also requires an analysis of the principles of extraterritorial jurisdiction. State practice discerns the following theoretical grounds:
The active nationality principle, which is based on the nationality of the accused. The principle, when applied in conjunction with the territoriality principle, may result in parallel concurrent jurisdictions, creating a situation of double jeopardy. The use of the active nationality principle is therefore generally confined to serious offences ”