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Re: RFC3271 and independance of "cyberspace"

2002-04-29 07:52:28
On Mon, 29 Apr 2002 10:45:45 +0200, Alexandre Dulaunoy 
<adulau-ietf(_at_)conostix(_dot_)com>  said:

What is a global legal framework ? I do not understand the purpose of that ?

The purpose of that is so that the owners of eBay don't have to go to
jail because somebody sells something that's totally legal in the US,
but offends some French or German law.

It's so that French and German citizens don't go to jail because they
post something offensive to Russians.

It's so that Russians don't go to jail for posting something offensive
to some fundamentalist regime.

It's so that Swedish police can prosecute somebody from New Zealand for
hacking a machine in Sweden from another machine in Korea - while still
avoiding some of the more drastic anti-hacking suggestions that have
been made. 

I hope this not the application of the classical "material" law in a 
global legal framework.  

Don't knock "material" law - in some places, it's been in use for many
hundreds of years, mostly because it *works*.  And *many* of the concepts
carry over quite nicely - breaking&entering, destruction of property,
fraud, and many other crimes.  The only places "material" law hasn't done
a good job of keeping up have been intellectual property and copyright, and
the handling of extra-territorial issues.
-- 
                                Valdis Kletnieks
                                Computer Systems Senior Engineer
                                Virginia Tech


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