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Re: [Asrg] 6. Solutions - Replacing SMTP - GIEIS Analysis

2003-07-05 19:33:33



From: Yakov Shafranovich <research(_at_)solidmatrix(_dot_)com>
To: "Mark McCarron" <markmccarron_itt(_at_)hotmail(_dot_)com>
Subject: Re: [Asrg] 6. Solutions - Replacing SMTP - GIEIS Analysis
Date: Sat, 05 Jul 2003 22:16:34 -0400

At 02:21 AM 7/5/2003 +0000, you wrote:
...

Message: 29
Date: Fri, 04 Jul 2003 17:02:47 -0400
To: "Mark McCarron" <markmccarron_itt(_at_)hotmail(_dot_)com>, 
asrg(_at_)ietf(_dot_)org
From: Yakov Shafranovich <research(_at_)solidmatrix(_dot_)com>
Subject: Re: [Asrg] 6. Solutions - Replacing SMTP - GIEIS

At 08:48 PM 7/4/2003 +0000, Mark McCarron wrote:
>...
>
>>-- __--__--
>>
>>Message: 13
>>Date: Thu, 03 Jul 2003 22:32:27 -0400
>>To: "Mark McCarron" <markmccarron_itt(_at_)hotmail(_dot_)com>, 
asrg(_at_)ietf(_dot_)org
>>From: Yakov Shafranovich <research(_at_)solidmatrix(_dot_)com>
>>Subject: 6. Solutions - Replacing SMTP - GIEIS (was Re: [Asrg] Re:
>>   'GIEIS' - The Fourth Response (Esa Laitinen))
>>
>>Mr. McCarron,
>>
>>Case in point:
>>
>>On July 1st EU countries started charging VAT taxes on most digital
>>transactions performed by non-EU companies to EU consumers. EU laws seem to
>>apply here to companies outside the jurisdiction of the EU.
>
>
>Mark's Response:
>
>This is really import duty, a taxsation on goods imported into a
>country/region.  This has two main puposes, generate revenue and to
>stabilize economies from the impact of cheap imports.  This is a
>completely different legal area than a port scan.

I will spell it out: EU LAWS SEEM TO APPLY HERE TO COMPANIES OUTSIDE THE
JURISDICTION OF THE EU. That was the point I was trying to make.


Mark's Response:

You spell things out when you type anyway, so a bit redundant. Let me make this point clear, the tax is applied to companies within the EU boundries when importing. Nothing to do with anything outside its jurisdiction.

The VAT taxes are being applied to companies that are Internet based and are located outside the EU. Having their digital products downloaded on their territory OUTSIDE the EU where the download server is based, by people present inside the EU puts them under the EU . The EU feels that its laws apply to anyone outside the EU itself AS LONG AS they interact with EU citizens. By extension port scanning servers based in EU even thought you are outside of the EU will make you come under the laws of the EU since you are interacting with EU citizens. The same logic also underlies the EU privacy laws which apply to companies outside the EU if they interact with citizens within the EU.


Mark's Response:

It is still import duty and deals only with those inside the EU. Laws cannot be outside any legal juristiction they represent.

Mark McCarron.

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