Presentation on Geoblocking panel at Law, Borders and Speech conference, Center for Internet and Society, Stanford, 24 October 2016.

1. Geoblocking in context
Law, Borders and Speech
Centre for Internet and Society, Stanford University
24 October 2016
Graham Smith, Bird & Bird LLP
@cyberleagle www.cyberleagle.com

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© Bird & Bird LLP 2016
Geoblocking – what it is
and what it isn’t

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A technical means employed by
an internet site to detect and
refuse incoming requests from
particular territories
Geoblocking – what it is

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A technical means employed
BUT EU proposed Regulation:
“geo-blocking and other forms of discrimination”
• Blocking access to websites across borders
• Preventing order completion, goods purchase or
content download from abroad
• Refusing to deliver or ship across borders
• Price/conditions discrimination based on
nationality, residence or location
Geoblocking – what it is and isn’t

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by an internet site
Distinguish from network blocking
• Geoblocking refuses incoming requests
• Network blocking prevents outgoing requests
Geoblocking – what it is and isn’t

6. Geoblocking v Network blocking
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Internet
site
User
User
Internet
site

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by an internet site
Distinguish from network blocking
• Geoblocking refuses incoming requests
• Network blocking prevents outgoing requests
• Often highly geo-specific
• Great Firewall
• Intellectual property site blocking
injunctions
Geoblocking – what it is and isn’t

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to detect and refuse requests
Distinguish from geotargeting
• Serve up localised content or ads in response
to incoming requests
BUT Block + redirect?
Geoblocking – what it is and isn’t

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from particular territories
Location v nationality v residence
• Yahoo Nazi memorabilia case
• EU Content Portability proposal
Geoblocking – what it is and isn’t

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A response to…
• Underlying territoriality of rights
• Licensor requirement?
• Legal/reputational risk of breaching another
country’s general laws
• Reflecting reach of those laws?
• Specific court/administrative order
• Geoblock v global takedown
Why geoblock?

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Over-incentivised geoblocking
• Mere availability rules
• Poorly formulated targeting rules
Borders or walls in cyberspace?
Berlin Walls in
cyberspace?

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In cyberspace,
keeping information out
keeps people in

13. Graham Smith
graham.smith@twobirds.com
@cyberleagle
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Thank you