The Future of Cybertravel: Legal Implications of the Evasion of Geolocation

نویسنده

  • Marketa Trimble
چکیده

Although the Internet is valued by many of its supporters particularly because it both defies and defeats physical borders, these important attributes are now being exposed to attempts by both governments and private entities to impose territorial limits through blocking or permitting access to content by Internet users based on their geographical location — a territorial partitioning of the Internet. One of these attempts, for example, is the recent Stop Online Piracy Act (“SOPA”) proposal in the United States. This article, as opposed to earlier literature on the topic discussing the possible virtues and methods of raising borders in cyberspace, focuses on an Internet activity that is designed to bypass the territorial partitioning of cyberspace and render any partitioning attempts ineffective. The activity — cybertravel — permits users to access content on the Internet that is normally not available when they connect to the Internet from their geographical location. By utilizing an Internet protocol address that does not correspond to their physical location, but to a location from which access to the content is permitted, users can view or use content that is otherwise unavailable to them. Although cybertravel is not novel (some cybertravel tools have been available for a number of years), recently the tools allowing it have proliferated and become sufficiently user-friendly to allow even average Internet users to utilize them. Indeed, there is an ∗Associate Professor of Law, William S. Boyd School of Law, University of Nevada, Las Vegas. The author thanks her colleagues at the William S. Boyd School of Law for their comments and suggestions, particularly Professor Mary LaFrance, Professor Ann McGinley, Professor Francis J. Mootz III, and Professor Jean Sternlight. She would also like to thank Professor Pedro de Miguel Asensio, Professor Derek Bambauer, Professor Adam Candeub, Professor John Cross, JUDr. Adela Faladova, Paul Geller, Professor Eric Goldman, Professor Paul Goldstein, Professor Thomas Hoeren, Professor Paul C. Van Oorschot, Professor David G. Post, Wendy Seltzer, Professor Brenda Simon, and Professor Dan Jerker B. Svantesson. The author appreciates the helpful input from the participants of the 2011 Internet Law Works in Progress conference, the 2011 Intellectual Property Scholars Conference, and the 39th Research Conference on Communication, Information and Internet Policy. The author is indebted to David McClure and Jennifer Anderson at the Wiener-Rogers Law Library of the University of Nevada, Las Vegas, and Shweta Kadam of the William S. Boyd School of Law for valuable research support, and Ammon Francom and William “Hunter” Campbell, J.D. candidates at the William S. Boyd School of Law. The author thanks Gary A. Trimble for his unlimited support for her research and writing. Finally, the author would like to recognize a friend from Sunnyvale, California, who inspired the author to write this article. increasing interest in cybertravel among the general Internet public as more and more website operators employ geolocation tools to limit access to content on their websites from certain countries or regions. This article analyzes the current legal status of cybertravel and explores how the law may treat cybertravel in the future. The analysis of the current legal framework covers copyright as well as other legal doctrines and the laws of multiple countries, with a special emphasis on U.S. law. The future of the legal status of cybertravel will be strongly affected by the desire of countries and many Internet actors to erect borders on the Internet to facilitate compliance with territorially defined regulation and enjoy theadvantages of a territorially partitioned cyberspace. This article makes an attempt to identify arguments for making or keeping certain types of cybertravel legal, and suggests legal, technical, and business solutions for any cybertravel that may be permitted.

برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

ثبت نام

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

منابع مشابه

Calculating Income Tax Evasion of Legal Entities and Examining its Sustainability through Threshold Non-linear Method

The purpose of this study is to calculate tax evasion based on the income of legal entities and to examine its stability, which has been done by estimating the Tanzi monetary demand function during 1370-1397. The demand function included the ratio of currency holdings to supply of money  as a dependent variable and the tax variables of legal entities, the ratio of wages and salaries to national...

متن کامل

The Comparison of Multi-variable Linear Regression and Artificial Neutral Networks in Tax Evasion of Legal Persons in Iranian Tax System

Tax evasion is one of the most important problems of tax system in the most countries around the world. It covers any unlawful attempt to avoid paying taxes. In present study, the affective factors on tax evasion based on experts’ views were extracted by using Delphi method, so we identified 29 factors and finally 16 factors were extracted based on measurement ability among them. The statistica...

متن کامل

Legal Examination of the Terms of Taxation in Direct Tax Act

Today, one of the most important challenges of tax system is tax evasion of the taxpayers, which is an obstacle to the proper administration of the country. There are many ways to prevent tax evasion, one of which is the legal remedy for issuance under Article 161 of the Direct Taxes Terms and Conditions. This important legal entity can prevent tax evasion and prevent tax fraud by seizing the p...

متن کامل

The General Rules of Contracts and the Rules of Anti-avoidance and Anti-evasion Paying Taxes (Tax Fraud)

Taxation issues are among the factors which balance between private rights and public interests. But the legal system of contracts also works for the welfare of the people and society. The general rules of contracts and the principles of private law have found their essential functions during the years.  Applying the above rules aimed at preserving public order along with the private rights of ...

متن کامل

Investigating Legal Loopholes in the Field of Official Documents in Iran and its Ethical Implications

Background: In the Law on registration of deeds and real estate, the definition of official document and the scope of inclusion of official documents are different from civil law, and these definitions create different interpretations and effects in society and how to deal with legal issues and problems. Resolving legal deficiencies in answering accidental questions that occur in the community,...

متن کامل

ذخیره در منابع من


  با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید

برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

ثبت نام

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

عنوان ژورنال:

دوره   شماره 

صفحات  -

تاریخ انتشار 2014