A Potential Solution to Our Internet Jurisdiction Woes

One of the underlying assumptions that courts have made when defining Internet jurisdiction is that the creator of a web page has no way of controlling which users will visit that page. My knowledge of web site construction is limited, but I can hardly believe that this is the case. Google, for instance, is somehow able to use your IP address to identify where you are – for example search “time” right now and it will display the local time for New Haven specifically – so it does not seem that it would be out of the question for the website to also modify its other functions based on the geographic locations of its visitors. The Cybertelecom website linked to in this week’s assignments ostensibly does something of this sort, since it claims that it will display a secret message to viewers from Canada. (I’m inclined to think the author isn’t joking about this, but of course I can’t be sure.) Which leads me to ask: is there a way to code a website such that it blocks access to users in certain states?

Such coding has the potential to resolve many of the Internet jurisdiction problems that the courts have been struggling with. I envision a process similar to the manner in which websites like Youtube take down copyright-infringing material shortly after they have received notice that it exists. Just as Youtube cannot always be expected to know that it is hosting illegal videos, no website owner should be expected to be aware that he is violating some sovereign power’s law. If the owner could remove privileges for visitors based in specific locations when notified of his error, he would eventually be able to limit access on a case by case basis until only those users in states with the most favorable laws could see the controversial material. Since it transcends state boundaries, the Internet is tough thing to regulate. This is one potential means by which to do this.