exerted over the perpetrator, whereby the foreign jurisdiction reaches beyond its territorial expanse to claim jurisdiction.41 In either instance, a basic, territorial approach and understanding to jurisdiction is at work. Case 2.1: Smc Pneumatics (India) Pvt. Ltd. vs. Shri Jogesh Kwatra (OS) No. 1279/2001 (India) In India’s first case of cyber-defamation, Defendant was accused of sending “distinctly obscene, vulgar, filthy, intimidating, embarrassing, humiliating and defamatory” emails to Complainant’s employer and to employer’s subsidiaries around the world. Complainant filed suit for permanent injunction restraining Defendant. The court accepted that Complainant had made a prima facie case, and, the aim and intention established, enjoining Defendant ex parte to, first, cease and desist in sending of further such emails, and, second, restraining him from publishing, transmitting or causing to be published any information in both the physical world and in cyberspace that was derogatory or defamatory or abusive of Complainant. D. Broad & Narrow Understandings of Cybercrime Approaches to criminalizing cybercrime have been largely disunited, resulting in a Balkanization of criminal laws rather than the creation of a single, international corpus juris of “cybercrime”. On a practical level, the absence of a concrete definition is a matter of particular concern in cybercrime as opposed to traditional crimes given cybercrime’s inherent trans-border and trans-jurisdictional nature. In the absence of a concrete definition, law enforcement authorities have generally distinguished between two main types of internet-related crime: 1  A narrow understanding of cyber-enabled crimes, which focuses on advanced cybercrime (or high-tech crime), and which involves sophisticated attacks against computer hardware and software 2  broad understanding of cyber-enabled crimes, which are so-called “traditional” crimes A committed with the facilitation of ICT, or which are committed “in” cyberspace, and might include crimes against children, financial crimes, and even terrorism.42 This binary understanding, which has permeated many systems, was introduced during the Tenth UN Congress on the Prevention of Crime and the Treatment of Offenders in 2000 as “cybercrime in a narrow sense” (or “computer crimes”)43 and “cybercrime in a broad sense” (or “computer-related crimes”).44 Page 70 | Chapter 2 | § A. Working Definition of Cybercrime Table of Contents