bad idea for engineers to play lawyers. but dreaming/wishing is not a crime. james ----- Original Message ----- From: "Stephen Sprunk" <ssprunk@cisco.com> To: <Valdis.Kletnieks@vt.edu> Cc: "Alexandre Dulaunoy" <adulau-ietf@CONOSTIX.COM>; <ietf@IETF.ORG> Sent: Tuesday, April 30, 2002 3:36 AM Subject: Re: RFC3271 and independance of "cyberspace" > 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 > >