Re: ruling: liability for providers who don't act on clients' illegal activities?

[John Bambenek <bambenek.infosec () gmail com>]

Oh the jurisdiction is clear.  All of those countries have it.  The 
problem is getting the defendant to appear in court.

j

der Mouse wrote:
> > The interesting aspect of this ruling is that it [...] has affirmed
> > [...] that "online behaviour" is (largely) ruled by the same laws,
> > customs and so on as "real world" behaviours.
> >     
>
> Except it hasn't, because it isn't.  At least not in general.
>
> "Online" behaviour _is_ ruled by the same laws and customs as off-net
> behaviour when all, or at least enough, of the parties are in the same
> (off-net) jurisdiction.  _That_ is what this ruling has affirmed.
>
> But, unlike offline behaviour, on-the-net behaviour is very often
> thoroughly cross-jurisdictional, with no clear way to determine whose
> laws apply.  Someone in Germany buys from a Japanese company through an
> Egyptian-hosted website paying with a US payment broker and the product
> ships from Brazil, and it's, um, a little less clear.
>
> Nor do you really want it otherwise, I suspect, because I suspect that
> most of your - and my, and just about everyone else's - on-net actions
> are illegal _somewhere_.  Unless you expect to enforce your laws
> against others but are unwilling to accept reciprocal enforcement of
> others' laws againt you.
>
>   
> > If you really thought that just because computers, "virtual
> > communities" and other such electronic ephemeera were involved that
> > somehow all this "int-duh-web stuff" was magically "different" or
> > "special", then maybe _you_ are the "special" one???
> >     
>
> Not just because they're involved, but because they are fundamentally
> different.  See by blah entry on the subject,
> http://ftp.rodents-montreal.org/mouse/blah/2009-09-08-1.html,
> if you're interested in my thoughts on the matter.
>
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