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Re: RFC3271 and independance of "cyberspace"

2002-04-29 10:15:15
Thus spake <Valdis(_dot_)Kletnieks(_at_)vt(_dot_)edu>
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 ?

I believe his desire is to create a single set of laws which apply to the
entire world, ignoring cultural differences and national sovereignty issues.

Whether this is desirable is certainly open for debate, but experience has
shown it's not possible in practice anyways.

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.

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?

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.

If the Russians don't want to read it, they shouldn't import the content.
Ditto the fundamentalists.

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.

Here one needs a good definition of where the crime occurs; did it occur
where the person is physically present or where the resulting action occurs?
How do you plan on forcing the Korean government to assist if no laws are
broken in Korea and neither the hacker nor hackee exist in their
jurisdiction?

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.

S