Social networks as cross-border virtual spaces: legal opinion

Abstract

. The article deals with social networks as cross-border virtual spaces, the network architecture of which does not contain universal mechanisms for determining jurisdiction in cyberspace. Approaches to their description and typol-ogy are presented. Prerequisites for the development of legal regulation of social networks are described, and their ju-risdictional affiliation is determined. Instagram, Facebook, Twitter, YouTube, Vkontakte, Odnoklassniki and other social networks are legal entities, registered in specific States, as clearly evidenced by the user agreement (terms of use), which are offered to users and are considered accepted by an individual or legal entity upon joining. As a result, social networks and their millions of users find themselves in different jurisdictions, which potentially generates not only a “conflict of jurisdiction” but also a “conflict of qualifications”.