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In a legal discourse about criminal law in an interconnected society, cybercrime plays an important role - the more the Internet invades essential areas of life, the more criminal behaviour is committed on and with the assistance of the Internet. However, there is a fundamental conflict in the attempt to regulate human behaviour on the Internet - a conflict between the boundless nature of the Internet and the limited sovereign powers of governments. This applies to the question of jurisdiction over extraterritorial offences. Which criminal law order should apply if the perpetrator has acted abroad but because of the internet the actual or potential effects of his act also extend to national territory? This article looks in detail at the transnational application of criminal law, especially in the case of “offences of abstract endangerment”. After looking briefly at the current legal situation in Germany, it evaluates two draft laws planning to extend jurisdiction. This allows a discussion about legislative means to close possible jurisdictional loopholes and about limits to such legislative means set by the principle of non-intervention.

Transnational Jurisdiction for Cybercrimes de lege lata and de lege ferenda