Re: International Law

OK - I'll play devils advocate :-)

Ann Navarro wrote:
>Again, the point is not to say you *will suffer dire consequences*, but
>that to rely on a "that can't apply to me" defense when considering matters
>pertaining to the Web, is premature and perhaps ill-advised. 

And

At Michael Abramovich wrote:
>Ann N can argue as much as she likes about whether we are all under the
control of
>the US DOJ but in the end whether we are or not, it is just mind
bogglingly DUMB
>idea to even consider it. Conceivably, I could have a page which I don't
ask anyone
>to look at and that has no connection or relevance to the US, yet I can be
held
>responsible under a foreign (US) law which may be in direct contradiction
of an
>Australian law. So to keep the DOJ happy I could conceivable have to go to
gaol here
>in Australia so as I can keep out of gaol in America.

Australia has very strict anti-gun legislation.  To which body in the US do
Michael and I lodge our lawsuit regarding the advertising and selling of
illegal firearms.

This is a valid claim that could easily be made right now - let's shut down
all websites advocating the use of semi-automatic weapons!

Sounds ridiculous doesn't it??

Seriously though, I can understand Ann's caution.  I think we would be
better off approaching this logically though.  In other words, it shouldn't
be "where the site is located", but "where the site is advertised".  If I
am promoting my site with Yahoo or some other US based search engine, then
perhaps I should take some responsibility for ensuring my site complies
with their regulations.  It would be analogous to deliberately selling your
product/services into that country.  I imagine Yahoo also would have a
significant responsibility too.

Obviously advertising your site with a search engine is a deliberate action
taken by you.  I'm not sure how this would work if the site was not
submitted by you!  Local submissions also confuse the issue.  e.g. if I
submit a site to the Aust/NZ branch of Altavista _they_ forwarded that to
their US database.

I think I've complicated the matter further :-(


Chris Higgs <c.higgs(at)landfood.unimelb.edu.au>
Institute of Land and Food Resources
University of Melbourne
http://www.landfood.unimelb.edu.au

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