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Old 06-07-2005, 09:20 PM  
bhutocracy
Not making A Comeback
 
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Join Date: Dec 2001
Posts: 10,218
Quote:
Originally Posted by Manga1
Not only interstate, this has been applied internationally in several jurisdictions.

There is the example of Jay Cohen who was running an online sportsbook out of Antigua with all servers, employees, and operations there. A New York judge decided it didn't matter where the server was and that it was where the site was downloaded that established jurisdiction. You can read the whole story here http://www.freejaycohen.com/RealStoryJayPg.html

An American Citizen committing crimes tried by an American court.

Quote:
Originally Posted by Manga1
There's been other cases outside the US as well. This one in the UK established jurisdiction over an American in a libel case, "The material in question was stored on websites based in California, and related to another proceeding taking place in New York. The issue was whether the American defendant could be served outside of the UK. It was accepted that the tort had occurred in the UK, because in England, the tort of libel is committed where the publication takes place, and Internet text is published at the place it is downloaded."
http://www.heydary.com/internet-laws/20041104.html#4
Libel is an offence both in the US and the UK


Quote:
Originally Posted by Manga1
And this one in Canada where the Washington Post was sued for libel and the province of Ontario established jurisdiction because "due to the fact the allegedly defamatory statements were published online and therefore accessible in Ontario, the Court had jurisdiction over the defendant."
http://www.heydary.com/internet-laws/20040205.html#1
Libel is an offence both in the US and the Canada.


You think China is going to be able to sentence an American to the gulags because they broke Chinese Laws and published an anti-chinese article on their website?

I'm not saying it's 110% super duper safe but they would be setting LARGE precedents.. precedents that will be fought and fought hard.
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