Cyberborders and the Right to Travel in Cyberspace

The Net and the Nation State - Multidisciplinary Perspectives on Internet Governance (ed. Uta Kohl, pub. CUP May 2017)

28 Pages Posted: 25 Apr 2018 Last revised: 3 Aug 2018

Date Written: May 1, 2017

Abstract

The chapter takes as its starting point the existence of nation state borders and their relevance to the internet. In the offline world national borders range in porosity as regards both people and information. The chapter considers the types of cross-border legal rule that tend to encourage open or porous, rather than closed or solid, borders on the internet. It examines rules such as country of origin, country of receipt and targeting from the perspective of people's ability to 'cybertravel' beyond their home country and, as when they do when they travel physically, to access information created under other legal regimes. It concludes by asking whether in our attempts to preserve nation state borders we are at risk of creating not just borders but Berlin Walls in cyberspace.

Note: This version is free to view and download for personal use only. Not for re-distribution, re-sale or use in derivative works. © Cambridge University Press.

Suggested Citation

Smith, Graham, Cyberborders and the Right to Travel in Cyberspace (May 1, 2017). The Net and the Nation State - Multidisciplinary Perspectives on Internet Governance (ed. Uta Kohl, pub. CUP May 2017). Available at SSRN: https://ssrn.com/abstract=3161397

Graham Smith (Contact Author)

Bird & Bird LLP ( email )

12 New Fetter Lane
London, EC4A 1JP
United Kingdom

HOME PAGE: http://www.twobirds.com/en/our-lawyers/g/graham-smith1

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