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Old 06-29-2004, 11:02 PM   #1
Xenophage
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Offshore Immunity from US laws..

here is a thought for everyone who has a domain. The Domains are run by US companies for the most part, and it was US govt who started the net. If the US govt wants to shut down a foreign companies website. They could prosecute the offshore company, if the person did not show up from the foreign land to defend themselves in US court then the court could order the seizure of the domain name.. and Poof there goes your site.
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Old 06-29-2004, 11:04 PM   #2
RRRED
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That's nice....

How's my lars?
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Old 06-29-2004, 11:07 PM   #3
Xenophage
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I am good

and U
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Old 06-29-2004, 11:16 PM   #4
Webby
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Lars:

Quote:
They could prosecute the offshore company, if the person did not show up from the foreign land to defend themselves in US court then the court could order the seizure of the domain name.. and Poof there goes your site.
Yea.. this stands and they *could*. There are also "implications" in that the moment the US government choses to prosecute an offshore corp, they need to first start in the jurisdiction of the corp and for what charge if it is not a US hosted domain and it is not an offence within the offshore jurisdiction?

Of course, no offshore corp is going to bother with US indictments - they are not subject to US law, but the law of the offshore jurisdiction.

Offshore jurisdictions are not interested and normally do not have treaties with other countries over what are "minor offences", especially when these offenses are not "crimes" within their own jurisdiction.

Hell knows, but the issue goes further in that the moment they do this there will be a rippling effect and "consequences", which if not "managed", would prompt some folks to dump all US type domains and move on to more friendly areas on the net.

Only my
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Old 06-29-2004, 11:27 PM   #5
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US Courts can't touch off shore companies, if they could half the net would have already been sued.
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Old 06-29-2004, 11:29 PM   #6
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Very good point.
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Old 06-29-2004, 11:31 PM   #7
Webby
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TheDoc:

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Quote:
US Courts can't touch off shore companies, if they could half the net would have already been sued.
Agree! It's like Iceland making up a load of laws and trying to prosecute some offshore in the middle of the Pacific Ocean and expecting a reply. I can imagine the response.... if there was one.
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Old 06-29-2004, 11:48 PM   #8
xxxdesign-net
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Originally posted by LegendaryLars
and it was US govt who started the net.
thats worthless... the net is not the property of the US... second.. I dont have to obey US laws.. so why would they seize my domain...? And even if the company issuing .com domain is US based.. I assume that the US government has no say on what they need to do... .com is worldwide... they would lose in court... As for services like godaddy.. at worst, they will tell me to take my domains elsewhere...

Last edited by xxxdesign-net; 06-29-2004 at 11:52 PM..
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Old 06-30-2004, 12:04 AM   #9
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Quote:
Originally posted by LegendaryLars
here is a thought for everyone who has a domain. The Domains are run by US companies for the most part, and it was US govt who started the net. If the US govt wants to shut down a foreign companies website. They could prosecute the offshore company, if the person did not show up from the foreign land to defend themselves in US court then the court could order the seizure of the domain name.. and Poof there goes your site.

http://www.scotsnewsletter.com/20quests/hownet.htm#Q5

"In 1990, the U.S. government officially decommissioned ARPANet, and the National Science Foundation (NSF) took over the role of managing the Internet backbone, which was then called the NSFNet. In 1995, the NSF in turn withdrew, turning the backbone over to a consortium of commercial providers."


http://www.scotsnewsletter.com/20quests/hownet.htm#Q3

"Although the terms Web and Internet are often used synonymously, they're actually two different things.
The Internet is the global association of computers that carries data and makes the exchange of information possible. The World Wide Web is a subset of the Net--a collection of interlinked documents that work together using a specific Internet protocol called HTTP (see "How does the Web work?"). In other words, the Net exists independently of the Web, but the Web can't exist without the Net.

The Web began in March 1989, when Tim Berners-Lee of the European Particle Physics Laboratory (a collective of European researchers better known by its original name CERN, or Conseil Européen pour la Recherche Nucleaire) proposed the project as a means to better communicate research ideas among members of the far-flung organization. "

Food for thought.

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