GEO-LOCATION TECHNOLOGIES AND OTHER MEANS OF PLACING BORDERS ON THE 'BORDERLESS' INTERNET

摘要

Until recently, it was frequently said to be impossible or at least pointless to attach significance to 'location' in the online arena. Indeed, the impossibility of linking those active on the Internet, to a geographical location was seen as a distinctive feature of the Internet. However, this is all changing. A recent survey revealed that a large number of companies, particularly in the U.S., seek to identify the geographical location of those who visit the companies' Web sites. While it is still true that Internet communication largely lacks reliable geographical identifiers, several non-technical methods are applied to cater for the need to know the location of those active on the Internet. Furthermore, so-called geo-location technologies are becoming increasingly accurate, and while unlikely to ever be one hundred percent accurate, may, in the near future or perhaps already today, be accurate enough for legal purposes. Yet the questions that these developments give rise to have gained surprisingly little attention in literature. Against this background, the article examines the different ways in which a Web site operator can identify the geographical location of those accessing its Web site, and the legal implications of such identification.