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Biblical Worldview on Cybercrime Jurisdiction
Gary Pemberton
Liberty University
CJUS 550
Dr. Brandon Presley
11/10/2022
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Abstract
Due to issues of jurisdiction, criminals have taken advantage of the difficulty of investigating and
prosecuting cybercrime cases. The issue of jurisdiction in cybercrime investigations has not been
resolved by countries' laws and policies in response to cybercrime. This is because perpetrators
of cybercrime do not always reside in the same state, country, or jurisdiction as the victims;
rather, they frequently do by focusing on the fact that God establishes all jurisdiction, a biblical
perspective can offer a different approach to resolving the issue. Since God is the highest-ranking
authority on earth, He is the only one who can grant or deny jurisdiction.
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Biblical Worldview on Cybercrime Jurisdiction
According to Wang, Hsieh, Chang, Jiang, & Dallier, criminals have profited from the fact
that people primarily conduct their activities through cyberspace.2020).Cyberspace has provided
criminals with a new market to explore, necessitating a shift in law enforcement's approach to
these cases (Kleijssen & Perri, 2017).When investigating and prosecuting cybercrime,
jurisdiction has become a problem due to the difficulty of determining the exact location of the
crime and the fact that the perpetrator may be in one country while the victims are in another
(Wang et al.,2020).
Countries have responded to the threat of cybercrime in a variety of ways through
statutes, legislation, and policies; however, these efforts have failed to address the problem of
jurisdiction over cybercrime (Wang et al.,2020). A biblical worldview, on the other hand, offers a
different approach to jurisdiction that can be used for cybercrime jurisdiction. This point of view
centers around locale that God has appointed and given to explicit specialists (Book of scriptures
Entryway, 2021). Because these crimes are committed with telecommunication devices, malware
programs, and the internet, as well as in cyberspace or the cloud, traditional methods of
investigation and jurisdiction do not apply to cybercrimes (Wang et al.,2020)
Literature Gaps
God gave civil governments the authority and power to safeguard individual liberties and
uphold their constituents' rights. Because God limited human authority, there is no man-made
institution with jurisdiction over all people. He did this because He retained His own authority to
rule over humans (Bible Gateway, 2021). According to Klijssen & Perri (2017), in traditional
crimes, the jurisdiction typically shifts to the agency or nation that is associated with a location
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where the offense was committed, and the perpetrator is present at the scene. This has become a
problem because cybercrime is not linked to a single location, and it can be difficult to locate the
perpetrator during the crime. As a result, cross-border investigations that require the sharing of
evidence have required collaboration between multiple jurisdictions (Kleijssen & Perri, 2017).
A biblical worldview can fill the literature gap over all people would not work, he gave
jurisdiction to multiple entities, each with its own purpose meant to work together harmoniously
(Bible Gateway, 2021;Wang and others,2020).In the same way that jurisdiction in cybercrime
investigations is delegated by the location or capability of the agency to handle such an
investigation, God gave authority to man to carry out a purpose (Kleijssen & Perri, 2017 Bible
Gateway, 2021).
As He never delegated ruling authority to two jurisdictions for them to achieve the same
goal, God never intended for jurisdictions to have overlapping purposes. God wanted civil rulers
to protect the liberty of the people and not interfere with the performance of non-civil duties. The
church and the family are also supposed to help maintain civil order as part of God's plan (Bible
Gateway, 2021). In cybercrime investigations, jurisdiction frequently overlaps, making it
difficult for investigators to rely on other agencies to share essential information, contrary to
God's intent (Kleijssen & Perri, 2017; Bible Gateway, 2021).
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Action taken without jurisdiction in a criminal investigation invariably violates another
agency's or country's jurisdiction, but jurisdiction that is God ordained in a specific capacity
cannot violate another entity's or individual's jurisdiction (Wang et al., 2020; Bible Gateway,
2021). This is due to the fact that a biblically based framework for jurisdiction is not using a
scale to determine authority, nor does it condone conflict over establishing authority, as God is not
the author of conflict (Bible Gateway, 2021).
Integration of a Biblical Worldview
Every individual is subject to the authority of governors that God has established, as
stated in Romans 13:1: Because God has established all authority, everyone ought to submit to
the governing authorities. God has established the current authorities" (Bible Gateway, 2021).
This verse acknowledges that God established human government as a legitimate authority over
which He has jurisdiction. According to 1 Timothy 5:8, "But if anyone does not provide for his
own, and especially for those of his household, he has denied the faith and is worse than an
unbeliever" (Kleijssen & Perri, 2017;) in reference to cybercrime jurisdiction is frequently given
to the agency that is best funded and equipped to investigate the case (Kleijssen & Perri, 2017;
Bible Gateway, 2021).
In 1 Timothy 6:10, the Bible refers to the "root of all evil" as the possibility of financial
gain, which typically motivates cybercriminals (Gillespie, 2019;2021) Bible Gateway Although
Numbers 32:23 warns that "your sin will find you out," cybercriminals commit their crimes
behind a screen and take precautions to ensure that their location and identity remain anonymous
(Bible Gateway, 2021).In addition, in Mark 4:22, Jesus offers the same disclaimer: "Nothing is
hidden except for the purpose of having it revealed, and nothing is
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secret except for the purpose of having it come to light” (Bible Gateway, 2021). In the Gospels,
Jesus asserts absolute jurisdiction over the hearts and minds of men, which is supported by the
fact that God does not measure men by the same external standards. The Bible contains
numerous instances of jurisdiction. This is evident in Jesus’ response to Pontius Pilate’s inquiry
into His nature, “Are You the King of the Jews? “In Mark 15:2, Jesus responded, “It is as you
say,” and he added, “My kingdom is not of this world. “My servants would fight to prevent my
surrender to the Jews if My kingdom were of this world; My kingdom, however, does not belong
to this realm. [...] You claim that I am a king. The very reason I was born is to bear witness to the
truth. According to John 16:36–37 (Bible Gateway, 2021): “Everyone on the side of truth listens
to me. “Jesus denied the authority of civil governments to “testify to the truth” and denied civil
governments jurisdiction over determining what is true (John 16:27, Bible Gateway, 2021).Jesus
claimed sole authority over men’s thoughts, granting him authority to judge and influence
opinions (Bible Gateway, 2021).This is also evident in verse 2 of 1 Corinthians: Or are you
unaware that the world will be judged by saints? Are you not competent to form the smallest law
courts if you judge the world?2021) Bible Gateway This section shows that God has given ward
to his individuals to manage circumstances the way that He would (Book of scriptures Entryway,
2021).
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Conclusion
Legislation and policies have failed to effectively address cybercrime jurisdiction as a
problem (Kleijssen & Perri, 2017).A biblical perspective on the topic fills in the gaps in the
literature and encourages jurisdictions to cooperate with one another rather than fighting over
who has the right to investigate and prosecute cybercrime cases (Bible Gateway, 2021;Wang and
others,2020).The main problem with jurisdiction is that it's hard to find the criminal.as a result of
the use of cloud software and the requirement that the criminal be in the same location as their
victims (Kleijssen & Perri, 2017).God claims the highest jurisdiction because He is the only one
who can grant jurisdiction to individuals and governments and has authority over all people on
the planet (Bible Gateway, 2021).
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References
Bible Gateway. (2021). Retrieved from Bible Gateway passage: New International Version:
https://www.biblegateway.com/
Gillespie, A. A. (2019). Cybercrime: Key issues and debates. Routledge.
Kleijssen, J., & Perri, P. (2017). Cybercrime, evidence, and territoriality: Issues and options. In
M. Kuijer & W. Werner (Eds.), Netherlands Yearbook of International Law 2016: The changing
nature of territoriality in international law (pp. 147-173). essay, T.M.C. Asser
Press.
Wang, S.-Y. K., Hsieh, M.-L., Chang, C. K.-M., Jiang, P.-S., & Dallier, D. J. (2020).
Collaboration between law enforcement agencies in combating cybercrime: Implications of
a Taiwanese case study about ATM hacking. International Journal of Offender Therapy and
Comparative Criminology, 65 (4), 390-408. https://doi.org/10.1177/0306624x20952391
