Under the non-commercial tort exception to the Foreign Sovereign Immunities Act (FSIA), a tort committed by a foreign state must occur wholly within the United States in order to trigger jurisdiction and liability in an American court. As such, cybercrimes which are committed abroad, even if targeted at and cause harm to U.S. citizens, fall outside this exception, leaving injured parties with no domestic avenue of redress. Potential solutions to closing this gap in the legal framework include the proposed Homeland and Cyber Threat Act (HACT), expansion of the FSIA's terrorism exception, or overruling the entire tort doctrine.
The FSIA and Cyberspace: Could HACT be the Answer?,
Cath. U. J. L. & Tech
Available at: https://scholarship.law.edu/jlt/vol30/iss1/5