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I'm sure you believe your country's laws are fair, just, constitutional, and parliamentary-approved. However, so do Thai people believe about their laws against

by aianus 11y ago

I'm sure you believe your country's laws are fair, just, constitutional, and parliamentary-approved. However, so do Thai people believe about their laws against insulting their King. Do you think Facebook should be in the business of censoring posts insulting the Thai King just because some judge there gives them a court order? I maintain that Facebook should, in general, ignore foreign court orders and just do what's right. At the risk, of course, of being blocked entirely in that country.

Tomte 11y ago
If they want to do business there, sure. The alternative stands: get out of the country. You maintain that Facebook should, in general, follow your legal system. Do you believe that America and only America is "fair, just, constitutional, and parliamentary-approved"? That's basically American exceptionalism at its best.
- msh 11y ago
  So if the US wants info on users of a German app who have no servers or offices in the US it should just give it to them? Even if the offense they are suspected of is not illegal in Germany? My point is that Brazil should follow legal procedures and have a American judge issue a supena. That's what a MLAT is for.
  - germanier 11y ago
    I'm sure the Brazilian judge followed Brazilian legal procedures. That's the entire point of being a Brazilian judge. There might be other means to achieve a goal but that doesn't mean what happened isn't legal. In your example, if that German app was targeted to US users (e.g. by localization and marketing) then yes, they should follow US laws. That's a test German courts use to determine whether they have jurisdiction in the digital world and I think that's fair and should be applied in the other direction as well. If they don't want to or can't (e.g. by contractual obligations or German law) they shouldn't act surprised if the US doesn't allow US business to trade with them.
    - msh 11y ago
      I think you are mixing up the countries in your example.
      - germanier 11y ago
        Sorry for the confusion, I clarified something above.

by aianus 11y ago

Tomte 11y ago

If they want to do business there, sure. The alternative stands: get out of the country. You maintain that Facebook should, in general, follow your legal system. Do you believe that America and only America is "fair, just, constitutional, and parliamentary-approved"? That's basically American exceptionalism at its best.

msh 11y ago
So if the US wants info on users of a German app who have no servers or offices in the US it should just give it to them? Even if the offense they are suspected of is not illegal in Germany? My point is that Brazil should follow legal procedures and have a American judge issue a supena. That's what a MLAT is for.
- germanier 11y ago
  I'm sure the Brazilian judge followed Brazilian legal procedures. That's the entire point of being a Brazilian judge. There might be other means to achieve a goal but that doesn't mean what happened isn't legal. In your example, if that German app was targeted to US users (e.g. by localization and marketing) then yes, they should follow US laws. That's a test German courts use to determine whether they have jurisdiction in the digital world and I think that's fair and should be applied in the other direction as well. If they don't want to or can't (e.g. by contractual obligations or German law) they shouldn't act surprised if the US doesn't allow US business to trade with them.
  - msh 11y ago
    I think you are mixing up the countries in your example.
    - germanier 11y ago
      Sorry for the confusion, I clarified something above.