Geo-location technologies, internet gambling and the law

The internet is frequently referred to as being ‘borderless’ — people move around effortlessly from jurisdiction to jurisdiction with little regard to the geographical borders they cross. At the same time, when disputes arise in relation to conduct taking place on this borderless internet, we are reminded of the fact that internet conduct originates in actions taken by physical persons in geographically identifiable real-space locations.
The relevance of geography is also apparent when a government seeks to legislate in relation to internet conduct. For example, geography plays a central role in how Australia regulates internet gambling.
This article examines how so-called geo-location technologies — technical means for ascertaining the geographical location of internet users — fit within the Australian approach to regulating internet gambling.