bad idea for engineers to play lawyers.
but dreaming/wishing is not a crime.
james
----- Original Message -----
From: "Stephen Sprunk" <ssprunk(_at_)cisco(_dot_)com>
To: <Valdis(_dot_)Kletnieks(_at_)vt(_dot_)edu>
Cc: "Alexandre Dulaunoy" <adulau-ietf(_at_)CONOSTIX(_dot_)COM>;
<ietf(_at_)IETF(_dot_)ORG>
Sent: Tuesday, April 30, 2002 3:36 AM
Subject: Re: RFC3271 and independance of "cyberspace"
Thus spake <Valdis(_dot_)Kletnieks(_at_)vt(_dot_)edu>
On Mon, 29 Apr 2002 11:26:41 CDT, Stephen Sprunk said:
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?
The problem is that (for example) it is *totally* legal for one US
citizen to sell another US citizen some Nazi memorabilia on
eBay. The problem is that the web page *describing* the auction
is accessible in countries that have laws against dealing in such
things, and they wish to force eBay to make sure that the pages
aren't accessible in their country.
If eBay doesn't exist (legally speaking) in Germany, tough luck. Forcing
German ISPs to block the content, however, would be doable.
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?
So if you're in Chicago, and have a web site about llamas, and
some country passes a law prohibiting discussions about llamas,
do you want to suddenly find yourself extradited just because
your web page was *accessible* from said country?
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.
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
a law for your benefit? Want to outlaw prostitution, gambling, and drugs
worldwide while you're at it?
S