I don't see anything wrong here: Sure, Ofcom can have the legal authority to regulate online safety worldwide. It's just that this... legal authority... isn't quite enforceable outside the UK jurisdiction. How unfortunate!
I don't see anything wrong here: Sure, Ofcom can have the legal authority to regulate online safety worldwide. It's just that this... legal authority... isn't quite enforceable outside the UK jurisdiction. How unfortunate!
And gambling, too. Remember in 2013 when all those celebrities got busted for gambling in Macao?
> After getting caught gambling illegally, Shinhwa’s Andy, Boom and Yang Se Hyung received their punishments.
> On November 28, the Seoul Central District Court sentenced Andy, Boom, and Yang Se Hyung to monetary penalties. Andy and Boom must pay 5,000,000 won, while Yang Se Hyung will pay 3,000,000 won.
> The fines were dependent on how much money each person bet. Andy spent 44,000,000 won, Boom 33,000,000 won, and Yang Se Hyung 26,000,000 won.
> The three are all currently pulled out of all schedules and self-reflecting on their actions.
> Meanwhile, Lee Su Geun, Tak Jae Hoon, and Tony An are waiting for their first trial to take place on December 6. They bet more than several hundred million won.
https://web.archive.org/web/20140215040022/http://mwave.inte...
America will prosecute Americans for doing certain things that are illegal inside America outside its borders. As another example, if you take a boat to international waters and kill someone on it, you're going to get arrested and prosecuted when you get home.
America will not arrest or prosecute someone from the UK visiting Thailand as a sex tourist.
In this case, the operator of 4Chan is free to blow off the UK's law. They may wish to account for that in future travel plans, though.
But given the behavior of the UK government lately, doing something suicidally stupid seems on brand for them.
Every time the media reported something like this, turned out they were leaving out something important. Like the professor who was smuggling biological samples into the US. Turns out that's illegal, that's why she went home. If you aren't doing something like that, you will be fine.
However, if I'm going to break one of their laws that they feel very strongly about, I'm probably not going to travel to the UK. That's just begging for something bad to happen. Why risk it?
So in this case, if you know the US is looking for you, why, oh why, would you travel to the US?
Sure it will. Citizenship is irrelevant. If you travel abroad to have sex with underage people and then come to the US, you can be prosecuted regardless of your nationality.
But in any case, this is different, as the US has only declared these activities as illegal in the US. They haven't enacted laws saying you cannot gamble outside the US.
When it comes to antiterrorism stuff, it's a totally different story. If I go to the Middle East and provide money to an organization on the US terrorist list, then yes - I can definitely be prosecuted for it if I enter US jurisdiction. And it goes even further - I don't need to enter their jurisdiction. The US can just have me extradited if there is a treaty.
Moreover, the US government can have you seized and brought to the US without a treaty (or even in violation of a treaty), which may become a diplomatic and/or international legal issue between the US and the state where you were seized, and may subject the agents doung the seizing to personal legal difficulty in that state, but has no bearing on the validity of the criminal process brought against you once they haul you back to the US. See, e.g., U.S. v. Alvarez-Machain, 504 U.S. 655 (1992).
Notably, if you survive, they’ll send you back home without bothering with a trial?
Sovereignty is a big thing in international politics. Countries as a whole are loath to meddle in other countries domestic affairs, even in extreme cases like genocide/ethnic cleansing. Violating weird online protection laws are not the sort of thing a country is going to risk an international incident over.
Sure you can find some examples of countries that violate those norms, but they are the exception not the rule.
They can say whatever they want, but the UK can't conduct an extra-territorial police action in france. They can bar subject from traveling to france instead. The onus is on the UK.
[1] https://www.courtlistener.com/docket/71209929/1/4chan-commun...
4chan does not reach out to UK users in any way, only responds to their incoming requests.
It really is analogous to UK users going to a foreign country, buying something that their home country has an issue with, having a third party ship it to their home country, and then their home country getting mad at the store.
NZ agreed to cooperate with the US request. That made all the difference. If the US agrees to allow UK to proceed, then that's trouble for 4chan.
How exactly do they do that? Do they have peering agreements with UK-based ISPs?
They don't bring their services to the UK, ISPs and other network operators do - the UK can go after those and force them to implement the Great Firewall of Britain but that would be less popular so they don't yet.
> The US does the same thing: Kim Dotcom comes to mind.
Quod licet Iovi, non licet bovi. The UK can try to go after US citizens abroad if they want to but they will quickly find out why that's a bad idea.
I'll concede that it's not terribly far fetched. If the french entity produced a good that is illegal in the UK put it in the post to be delivered to the UK, then we have something like an analog to producing HTML in one place and displaying elsewhere.
However, the thing about sovereignty is that you don't have it if you can't enforce it.
> UK bans selling cocaine in the UK and tries going after a Colombian cocaine dealer in Columbia.
(I'll less-neutrally note that this is also absurd, and probably criminal.)
Shooting first and asking questions later is how we got into this mess of deporting us citizens.
This has become far too normalized due to decades of bad behavior by the US, and it’s going to come back to bite us as US power declines. Just wait until 30 years from now when you can’t safely visit anywhere in the far East because you made a subversive comment about China. Although I’m sure the same people will hypocritically wail and gnash their teeth about the laws made by those people, when of course our extraterritorial laws are just fine.
If this kind of BS becomes too common then running a small internet business will become impossible. Even if you don’t do business in a country, you will have to consider whether or not they might consider you in violation of some obscure law and then consider whether or not that country has the leverage to impact your business or even your own personal safety. It’s utterly ridiculous. This would spell the end of the global internet, except for megacorps. It’s already a tough business environment as it is.
The status quo is that some countries have these laws, but they are generally ignored unless you’re a citizen, you manage to do something geopolitically significant, or you get involved in transnational crime rings. This seems acceptable to me. If countries don’t like the free internet, then ban it so we can all see what you’re really up to.
This has been happening long before the US started doing it.
If anything, it's normalized in the US because of the bad behavior prior to the US doing it. China's a great example. What does brutally crushing dissent internally and abroad without even a facade of a single care about human rights get you? Well, in their case, damn near superpower status. Been that way since at the very least Nixon's administration.
The net effect was people started to wonder why we bother with the inefficiencies of "rights" and "privacy". The concern for human rights shown since the end of WWII in the West (particularly the US) is an exception, not norm, in history.
Who are these people you're talking about, tankies, faschists?
The Chinese have the government that they deserve. They screw each other over, and what goes around comes around. It's a cautionary tale, not an example to follow.
And they'd be right to do so as a country has sovereignty over what is allowed or not in their country, not matter the country of origin of the seller.
Ok then, thank you, I'll file that demand as appropriate.
Now if the UK sends warships to the country, ok. Good luck with sending warships to invade the US.
Many entities assert extraterritorial jurisdiction [0] for a broad range of activities. The critical question is if the offense would be categorized under an existing extradition treaty's list [1].
0. https://en.wikipedia.org/wiki/Extraterritorial_jurisdiction
It also continues like this:
> This does not mean that the Act extends to all use of in-scope services globally. […] “The duties extend only to the design, operation and use of the service in the UK and, for duties expressed to apply in relation to ‘users’, as it affects the UK users of the service”
Wouldn't this mean that the Act only applies to services explicitly design/targeting UK users/visitors? So if you're building a general service for no particular residents/citizens, the Act doesn't apply to you? Or am I misunderstanding something?
4 days ago:
> "Services who choose to restrict access rather than protect UK users remain on our watchlist "
My read on "remain on our watchlist" was them monitoring for if that block lapses, etc.
I do expect UK's internet insanity to reckon with VPNs sooner rather than later, though.
If the UK government bans VPNs, now they have more people in jail for speech violations than Russia and a more restricted Internet than China. The jokes write themselves at that point. It also becomes a virtue to dunk on the UK government worldwide. All to keep people from reading a site that the majority of people have no interest in. Its sad really...
Clearly not considering that there's nothing in 4chan that would make it explicitly targeted towards the UK. Unless Ofcom is saying something and doing the opposite.
Presumably if the latter, one may express their support of the flag of their choice; or indicate their heritage; or any number of other reasons.
If the former, and considering the existence of a .uk TLD, they probably are considered to be “targeting” that market.
Kiwifarms stopped serving UK IPs, not because of fear of enforcement but rather because they don't anyone British jailed. The UK landing page straight up says 'use Tor'.
That's exactly what anyone wanting to save face would say though.
> they don't anyone British jailed. The UK landing page straight up says 'use Tor'.
There's a contradiction here: if you want to protect British citizens from being jailed for accessing a website then you should tell them not to use your website, not “use an alternative way to connect", because that will still get people to jail if they get caught by other means (I don't think you can, in fact be jailed for accessing a website in the UK in the first place).
It explicitly says that 7% of their users are coming from UK. If UK blocks them, they will loose noticeable part of advertising revenue. If there was no money at stake, they could just ignore Ofcom and sleep well. But they appear to be very agitated about the fact that they may loose their second biggest market.
Honestly, I don’t understand anyone on 4chan side here: they are de facto in UK jurisdiction because they earn money from that user base, so either they comply or they leave. All of this freedom-of-speech and US lawsuit hype is just a distraction circus.
This is important because if it was advertisers, it would be much easier for UK to have actual power over them, since the UK business actually would be under UK jurisdiction.
It doesn’t matter. They loose the audience - they loose advertising revenue. The only difference is that UK cannot seize the money to collect the fine (the fine now is the price of the return ticket), but the fine wasn’t big anyway and complete loss of the market has bigger economic consequences. UK doesn’t have power over US corporation, but they have power over their distribution channel and they have full sovereign right to exercise that power.
The difference is significant.
Lots of laws are stupid. If you think they're stupid, you're allowed to try to fight them.
it's worse than china's firewall
That appears to be the widely held understanding in this particular case.
I'm not so sure. This isn't a strictly black letter law matter. It probably should be, and I'd prefer that it was, but I see political angles to this.
Right now, it is improbable that Trump's DOJ has any interest in doing Ofcom's bidding in the US for UK "online safety" violations, real or imagined. But a world where the US DOJ might does exist. We're the political vectors aligned differently; say, for example, Ofcom was pursuing 4chan for "supporting" ISIS in the UK, I think few people would be surprised learn that Trump's DOJ was eager to "investigate," and perhaps synthesize some indictable offenses, and perhaps even extradite.
Have we not seen, and are we not seeing now, ample examples of similar abuses of power?
So I see much of the rhetoric, and also this lawyer's flippancy, as naïve. Given the optimal set of office holders and sufficient moral panic over some matter, Ofcom et al. could very well have real leverage in the US.
PS Don't yell at me about this, I'm just explaining the situation.
Dramatic things happen with regularity. Wars, viruses, economic calamities... there is no predicting any of it. For all you or I know 4 years from now the (D)s will own everything. Maybe then Ofcom gets a hearing. Maybe Ofcom doesn't exist any longer. This misses the point.
The point is that the hubris exhibited here, in this forum, and also by this lawyer, behaving as though there is some perpetual immunity in effect, is naïve. It is entirely plausible that some foreign regulator with intentions that happen to align well with the prerogatives of prevailing office holders right now or at any point in the future could have have powerful leverage in the US.