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In the RojaDirecta case, as pointed out, the US weren't even
following US law, so changing how US law applies elsewhere wouldn't
help, but...<br>
<br>
At the moment, my impression is that jurists have no idea how to
deal with the Internet when it comes to jurisdiction. Given that it
is pretty hard to use the Internet without involving parties from
other countries (whether it is DNS providers, servers, payment
providers, advertisers or users) I'm not sure how we could go about
minimising the impact of third-country laws on our Internet use.<br>
<br>
Jurisdiction is a fairly tricky concept normally (my understanding
is that most countries try to claim as broad a reach as they can get
away with, just in case they need it), but when you throw in a
global network, where one simple interaction can involve parties
from a large number of countries, it becomes a huge mess.<br>
<br>
An extreme option might be to set up a "trusted" intra-EU only
Internet, which only involved EU parties, and therefore was only
affected by EU law. However, I imagine something like that would be
hard to achieve, and easily abused by those in power.<br>
<br>
Another option would be to establish some sort International
Framework on Internet Jurisdiction*; a set of rules (or guidelines)
laying out which country would have jurisdiction over what sort of
events over the Internet (i.e. when a person A, in country B sends
an email to C in country D, using an email provider E in country F,
which country has jurisdiction over which person). Again, this could
be warped to favour those in power, but might clear up some issues,
and make it clear who operated within the limits of which laws.<br>
<br>
As an aside, would it be possible to set up some sort of
program/application which monitored (at a very basic level) who a
person was communicating with (via IPs or something? Disclaimer: I
know very little about any of this sort of stuff), worked out the
country, and then displayed some sort of list or graphic indicating
that; just to give people an idea of how complicated trying to sort
out this is?<br>
<br>
-Will<br>
<br>
*That should probably be a generic International Framework on
Jurisdiction; we have no idea how long the "Internet" will last as a
major thing, nor what will come next. Rules should be as generalised
and non-tech-specific as possible, while still making sense.<br>
<br>
<div class="moz-cite-prefix">On 20/09/2012 16:32, Francisco George
wrote:<br>
</div>
<blockquote
cite="mid:CANfKYYxqrntLZB52BhUHmVZ86zXDbf1LwRgePEzEC-7vgxiJKw@mail.gmail.com"
type="cite">
<meta http-equiv="Context-Type" content="text/html;
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Hi,
<div><br>
</div>
<div>In Spain there was the "RojaDirecta case". RojaDirecta is a
site offering links to other websites that broadcast "illegaly",
according US copyrights, sports events like NBA, NFL, UEFA
etc...</div>
<div><br>
</div>
<div>RojaDirecta has been 2 times found NOT Guilty by Spanish
Court Rooms according to spanish laws because they only provided
the links and didn't hosted any of the events on their servers.</div>
<div>
<br>
</div>
<div>Nonetheless FBI and ICE Department, 18 months ago seized both
.com and .org domain from them, they remained in operation
through their .es and .me domain. Losing of course lots of
trafic as most of it came from the one seized.</div>
<div><br>
</div>
<div>They started a complaint right after in the US against the
seizing of their "under US Laws" Domains. After 18 months of
litigations and dirty tricks from US prosecutors. ICE and FBI
finally, 3 weeks ago, said that they abandoned the case and the
judge ordered the US authorities to return the seized domains.</div>
<div><br>
</div>
<div>see the article of Mike Masnick at TechDirt <a
moz-do-not-send="true"
href="http://www.techdirt.com/articles/20120829/12370820209/oops-after-seizing-censoring-rojadirecta-18-months-feds-give-up-drop-case.shtml">http://www.techdirt.com/articles/20120829/12370820209/oops-after-seizing-censoring-rojadirecta-18-months-feds-give-up-drop-case.shtml</a></div>
<div><br>
</div>
<div>There must be a way that Europe must fight such actions by US
Authorities as they Acted against 2 spanish court orders that
said that, under Spanish laws, RojaDirecta was perfectly LEGAL.</div>
<div><br>
</div>
<div>Francisco George - PP ES</div>
</blockquote>
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