This reminds me of the Kim Dotcom saga where US attorneys accused Mega of copyright infringement when he was living in New Zealand and his company, Mega, was based in Hong Kong. Dotcom had never stepped foot in the US but somehow that was enough grounds to extradite him and force him to comply with local laws. There are plenty of examples of judicial overreach in all parts of the world. The US is no exception.

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slillibri 9 hours ago | parent | next [-]

Hong Kong and New Zealand are Berne Convention countries so that would be the grounds for extradition. I don’t remember other countries signing up to enforce Ofcom’s laws.

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gpm 8 hours ago | parent [-]

I don't see any evidence Ofcom is currently asking anyone else to enforce their laws. As far as I can they're currently simply taking the steps they can themselves to enforce their laws - i.e. as far as people in the US go sending letters.

Letters that put them in a position to levy fines and maybe arrest people in the future should they have the opportunity to, for example if the relevant people travel or have assets in the UK in the future. Or if at some point in the future some country does sign up to enforce Ofcom's laws here and relevant people travel to that country. The US is presumably barred (short of a constitutional amendment) from making such an agreement under the first amendment, but other countries are likely not barred.

Just because a government doesn't currently have the power to arrest you doesn't mean they can't internally begin processes to arrest you if/when they get that ability, or that they can't communicate to you that they are doing that. In fact governments of all sorts (including the US) do exactly that against people they can't arrest all the time.

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inkyoto 7 hours ago | parent [-]

> I don't see any evidence Ofcom is currently asking anyone else to enforce their laws. As far as I can they're currently simply taking the steps they can themselves to enforce their laws - i.e. as far as people in the US go sending letters.

It is even more nuanced than that: whilst Ofcom absolutely has legal enforcement powers under UK law – but they are regulatory / civil powers, not criminal powers like the police.

Therefore, it probably can even be argued (by deduction as I do not have a degree in law) that particularly in the cross-jurisdictional scenario, Ofcom’s whining about the non-compliance of a website with UK law is null and void.

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gpm 7 hours ago | parent [-]

> Therefore, it probably can even be argued (by deduction as I do not have a degree in law) that particularly in the cross-jurisdictional scenario, Ofcom’s whining about the non-compliance of a website with UK law is null and void.

I see absolutely no argument for this. The UKs regulations here that Ofcom is the enforcement agency for are explicitly extra-territorial in nature. That doesn't mean that Ofcom can successfully get other countries to help them enforce their laws (or can invade other countries to enforce them themselves) but they clearly have the power to act within the UK to enforce their laws against people in other jurisdictions. For instance to levy fines that will be on the books should those people come to the UK in the future.

	▲	inkyoto 5 hours ago \| parent [-]
		I wonder whether the regulatory / civil vs criminal distinction plays a role here. It is plausible to assume that, at any given time, a random person from the juridisction A is in breach of compliance of jurisdiction B – knowingly or unknowingly to them. Jurisdiction B granting itself extra-territorial regulatory / civil (not criminal) enforcement powers puts the nationals of the entire jurisdiction A into non-compliance and subject to fines or arrests at the cross-border point. It is, of course, perfectly legally possible, yet surreal. Curiously, what the UK is attempting in this instance closely mirrors the approach adopted by the CCP with the National Security Law in Hong Kong, wherein they asserted their own authority to indict any individual, of any nationality, residing in any jurisdiction, for alleged breaches of the Hong Kong NSL. Whilst it is abundantly clear that the primary focus is Hong Kong pro-democracy activists holding multiple citizenships, they have also stated – with calculated lack of emphasis – that non-Hong Kong persons may likewise be targeted.

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inemesitaffia 3 hours ago | parent | prev [-]

Servers and customers were in USA