Re: Fw: Front Pages

by "David Meadows" <david(at)goldenheroes.softnet.co.uk>

 Date:  Sun, 6 Sep 1998 00:12:52 +0100
 To:  "DonaldM" <donald(at)snowwolf.demon.co.uk>,
<hwg-theory(at)hwg.org>,
"Ann Navarro" <ann(at)webgeek.com>
  todo: View Thread, Original

>Many of these laws (not just the ADA) hold that
>*any* web content provider that delivers content
>to residents of their jurisdiction, has created a de
>facto "presence" in their jurisdiction, and is subject
>to the local laws.

>So again, this has nothing to do with "your" (whomever
>the reader may be, not just Donald) jurisdiction passing
>laws, it's whether or not the jurisdiction which has taken
>offense can assert jurisdiction OVER YOU as
>they have attempted to.

It still makes no sense to me. I'm not saying that you're wrong,
as I'm sure that you understand American law much better than I
do, but it just makes no sense.

The "delivering content" thing bothers me. Technically, I could
argue that as an English web publisher I am not, myself, carrying
content into the United States. I am making it available - in my
own country - and an American ISP is actually coming to fetch it
and carry it back into the United States, at the request of an
American citizen.

In this case, the ISP (and perhaps the user sitting at the
Internet browser) become the "smugglers" of "illegal" content into
the United States. Thus I would expect to see them prosecuted, but
not the foreign supplier.

 The web provider is not creating a de facto presence in America.
If it was an English magazine publisher with a subscriber in
America, is the publisher liable for any material they print?
Maybe the magazines will be seized at the border, or maybe the
Feds will raid the subscriber's house, but in either case it seems
fairly certain that the subscriber will be held responsible and
the foreign publisher will remain untouchable. Am I wrong on this,
too?



--
David Meadows [ Technical Writer | Information Developer ]
DNRC Minister for Littorasy * david(at)goldenheroes.softnet.co.uk
"Mind, body, heart and soul: we've got rock and roll
 And there's nothing they can do" -- Ian Gillan, "Gypsy's Kiss"

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