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-   -   legal question (https://gfy.com/showthread.php?t=172779)

rabbit 09-10-2003 05:41 AM

legal question
 
if the government wants to go after a site- who do they go after? the domain registor? the guy running it?
if my domain is registered in canada but the company registered with the affiliate programs is in the states, how afraid should i be of the us gov.?
thanx
carbon

JamesK 09-10-2003 05:44 AM

ask jazz jack

margarita 09-10-2003 07:12 AM

How do you mean domain registered in canada ?
You registered domain by come canadian registrator ?
That's not important .........

Anyway it's interesting question .....
Let;s say I'm citizen of Germany.
But I live in Russia.
I'm using paid hosting from company registered in US.
I don't even know where the server really is located.
I have international .com domain.
I'm running some content on my site which is illegal in USA,
but is legal in some other countries.
Will some country try to kick my ass ? And which one ?

rabbit 09-10-2003 07:25 AM

Quote:

Originally posted by margarita
How do you mean domain registered in canada ?
You registered domain by come canadian registrator ?
That's not important .........

no, i mean that i registered the domain in my name (i live in canada), but i run the site through a us corporation

pussyluver 09-10-2003 07:50 AM

GFY - needs a resident attorney to comment on all this stuff.

I'm NOT an attorney, this is my opinion from seminars, trades shows, conversations with attorneys etc.

If it can be seen in the US, it will prob be considered published in the US. Kinda like mailing a video tape to PA from CA......

I think the Ausies ran something similar up the courts and said the same. Seen here - published here - we have jurisdiction - come on down and pay the price...

You can bet if our Justice department wants ya, they'll find away.

The jury is still out on many of these questions. In other words they haven't been settled by the courts yet (Common Law). OR congress hasn't pass a bill specific to the details brought up and even if it did and our President signed it, the law would still really have to be tested in the courts.


I really don't think it makes much difference where you registar a site. Where you host a site might mean something(?). If that's in the US, the feds have control over the ISP and thus the server. If the server and the site owner are outside the US, now you have more of a question at law and that's the part I think is still open for debate at law. If you're a US citizen living in the US and everything else is out of the country - the content came from here...

I think that paints the picture. Remember - that was a lay opinion, I'm not an attorney.

If you check around the web, you'll find a number of articles on the subject. Suggest you don't do that though - its depressing.

polish_aristocrat 09-10-2003 07:55 AM

I can "own" your domains for a small fee.
I am honest, I won't screw you over :winkwink:
But I don't know what would happen, if I die :helpme

NBDesign 09-10-2003 07:58 AM

Personally, I would think where ever the site is hosted would be the country of origin. I believe that is why some americans host in europe.... so they can get away with more...

As for someone seeing this stuff that is illegal in their country... well, that seems like it is their problem.. The internet is world wide and the responsibility of viewing illegal content should be up to the viewer and the penelty if caught should be on them... not the producer....

That would not seem fair that someone should have to know the laws of EVERY area around the world to avoid being prosecuted.

I have heard that in australia... that if someone there see illegal sontent from the web they go after the web site owner... hey... it's not the site's owners fault these people saw content that is illegal in their country... Hell, most people probally don't know australian laws... I know I don't... and if I were to put something on my site that was legal here and not there... It is not my problem that their people saw it...

:2 cents:

Gemini 09-10-2003 08:11 AM

Best guess? I think it goes something like this... (ahem)

and they were singin'....


BYE Bye Miss American Pie, Drove your chevy to the levy to die....

IF they want you AND you have ANY US connections either servers or whatever OR you are an American citizen (no matter where you stash the server OR incorporate) trust that they can and will get you one way or another. Thats IF they want you bad enough.

The AG of the US would fine his grannie for not having her dentures in I do believe, but MIGHT let her off on time served once they figured out where they hid her away under the terrorism acts they snuck thru... lol

With the current administration allowing a backwoods inbred hilljack be the head attorney, and he wanted to outlaw DANCING... You draw your own conclusions... :1orglaugh

margarita 09-10-2003 08:11 AM

Quote:

Originally posted by pussyluver
GFY - needs a resident attorney to comment on all this stuff.

I'm NOT an attorney, this is my opinion from seminars, trades shows, conversations with attorneys etc.

If it can be seen in the US, it will prob be considered published in the US. Kinda like mailing a video tape to PA from CA......

I think the Ausies ran something similar up the courts and said the same. Seen here - published here - we have jurisdiction - come on down and pay the price...

You can bet if our Justice department wants ya, they'll find away.

The jury is still out on many of these questions. In other words they haven't been settled by the courts yet (Common Law). OR congress hasn't pass a bill specific to the details brought up and even if it did and our President signed it, the law would still really have to be tested in the courts.


I really don't think it makes much difference where you registar a site. Where you host a site might mean something(?). If that's in the US, the feds have control over the ISP and thus the server. If the server and the site owner are outside the US, now you have more of a question at law and that's the part I think is still open for debate at law. If you're a US citizen living in the US and everything else is out of the country - the content came from here...

I think that paints the picture. Remember - that was a lay opinion, I'm not an attorney.

If you check around the web, you'll find a number of articles on the subject. Suggest you don't do that though - its depressing.

If it can be seen in US ? But that's cool about internet, that it can be seen i whole world. So wchich jail will I visit ?
Anyway, if USA would like to see me in court, thay can't go
to my country and knock at my door, unless my government will give them permission.

Stramm 09-10-2003 08:12 AM

Quote:

Originally posted by margarita
How do you mean domain registered in canada ?
You registered domain by come canadian registrator ?
That's not important .........

Anyway it's interesting question .....
Let;s say I'm citizen of Germany.
But I live in Russia.
I'm using paid hosting from company registered in US.
I don't even know where the server really is located.
I have international .com domain.
I'm running some content on my site which is illegal in USA,
but is legal in some other countries.
Will some country try to kick my ass ? And which one ?

if it's porn you're talking about and your site has no proper age verification then germany Authotities will probaly try to fuck you and the US authorities will have a talk to your host.


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