Re: RFC3271 and independance of "cyberspace"

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Thus spake <Valdis.Kletnieks@vt.edu>
> On Mon, 29 Apr 2002 11:26:41 CDT, Stephen Sprunk said:
>> The buyer, presumably residing in France or Germany, is
>> already responsible for the legality of anything he imports.
>> How is this the seller's problem?
>
> The problem is that (for example) it is *totally* legal for one US
> citizen to sell another US citizen some Nazi memorabilia on
> eBay.  The problem is that the web page *describing* the auction
> is accessible in countries that have laws against dealing in such
> things, and they wish to force eBay to make sure that the pages
> aren't accessible in their country.

If eBay doesn't exist (legally speaking) in Germany, tough luck.  Forcing
German ISPs to block the content, however, would be doable.

Next, are we to force the post to read all mail coming into Germany to make
sure there's no mail-order Nazi memorabilia catalogs?  Would doing so be
legal?  If legal, would it be feasible?

> So if you're in Chicago, and have a web site about llamas, and
> some country passes a law prohibiting discussions about llamas,
> do you want to suddenly find yourself extradited just because
> your web page was *accessible* from said country?

The person committing that "crime" is not within the jurisdiction of the
other country, and thus extradition is not possible.  If so, Hugh Hefner and
Larry Flynt would have been executed in the Middle East decades ago.

>> Assuming the Swedes have a law against hacking, they can
>> extradite the suspect from New Zealand under existing
>> treaties.  A New World Order is not necessary.

> Not if Korea doesn't have a law against hacking, or there is no
> cooperation from the Korean end to produce evidence that the
> hacker was actually in New Zealand.

So what do you propose?  Forcing the sovereign government of Korea to adopt
a law for your benefit?  Want to outlaw prostitution, gambling, and drugs
worldwide while you're at it?

S


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