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Re: RFC3271 and independance of "cyberspace"

2002-04-29 13:11:11
On Mon, 29 Apr 2002 14:36:16 CDT, Stephen Sprunk said:

If eBay doesn't exist (legally speaking) in Germany, tough luck.  Forcing
German ISPs to block the content, however, would be doable.

Unfortunately, I think eBay does have a German subsidiary..

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?

I believe the German postal service already has this authority.  Whether
it's legal depends on what the German courts decide.

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.

He is if both countries have ratified the Conventions on Cybercrime
treaty.  Beware, the US is already a signatory...

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

No, what I said was that you won't be able to extradite without doing
something similar.  You'll have to judge for yourself whether you want
your country to give up that ability...

a law for your benefit?  Want to outlaw prostitution, gambling, and drugs
worldwide while you're at it?

And llamas too.

Be careful what you wish for:

http://conventions.coe.int/Treaty/EN/WhatYouWant.asp?NT=185

as you may get it:

http://www.law.com/cgi-bin/gx.cgi/AppLogic+FTContentServer?pagename=law/View&c=Article&cid=ZZZD3WRL5LC&live=true&cst=1&pc=0&pa=0&s=News&ExpIgnore=true&showsummary=0

/Valdis

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