Re: RFC3271 and independance of "cyberspace"

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On Mon, 29 Apr 2002 14:36:16 CDT, Stephen Sprunk said:

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

Unfortunately, I think eBay does have a German subsidiary..

> 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?

I believe the German postal service already has this authority.  Whether
it's legal depends on what the German courts decide.

> 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.

He is if both countries have ratified the Conventions on Cybercrime
treaty.  Beware, the US is already a signatory...

> >> 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

No, what I said was that you won't be able to extradite without doing
something similar.  You'll have to judge for yourself whether you want
your country to give up that ability...

> a law for your benefit?  Want to outlaw prostitution, gambling, and drugs
> worldwide while you're at it?

And llamas too.

Be careful what you wish for:

http://conventions.coe.int/Treaty/EN/WhatYouWant.asp?NT=185

as you may get it:

http://www.law.com/cgi-bin/gx.cgi/AppLogic+FTContentServer?pagename=law/View&c=Article&cid=ZZZD3WRL5LC&live=true&cst=1&pc=0&pa=0&s=News&ExpIgnore=true&showsummary=0

/Valdis

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