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While I might like the idea of “enforced privacy”, I do know that I do not know very much. Of the few things I do know, Is that no bureaucrat can properly codif

by whb07 8y ago

While I might like the idea of “enforced privacy”, I do know that I do not know very much. Of the few things I do know, Is that no bureaucrat can properly codify something in a quickly developing and changing system. I also believe that this power that are given to a bureaucracy, will only grow and come back with a vengeance with unintended consequences. Lastly, where do you draw the line? Why should EU laws apply to any non EU citizen and vice versa? Pick something like prostitution, which is largely illegal in the US but largely legal in the EU. Why should a EU citizen be charged for violating US laws while visiting a red light district in the EU? How about a simpler example. Let’s say a US/EU citizen writes a small rant on his blog about the Thai king. There are strict laws against criticizing the king, to include jail time. So should a non Thai citizen blogging from home be fined/punished for his behavior? Clearly the answer is no!

amingilani 8y ago
IANAL and none of what I say constitutes as legal advice. That said, all laws are limited to the nation-state they're enacted in. You can walk into a brother in the EU, but not in the US unless you're in Nevada where state-law allows it. Most legislation in my country (Pakistan) define their scope in their text ("Whole of Pakistan", or "Whole of Punjab", etc.) depending on the body enacting the legislation. The GDPR is special, in that it expands the scope to online services that target EU residents. If your audience includes the EU, and you're not GDPR compliant, you'll likely get fined by the EU. How they enforce the fine is murky at the moment, and was left out as to be decided later, but I'd assume you'd have to pay the fine and any other fees if you ever started operating within the EU or running money through, or literally doing anything in the EU. This random stackexchange question[1] also says the EU hopes to have US cooperation to enforce the fines but IANAL and I'm not sure how that would work. [1]: https://politics.stackexchange.com/questions/30509/how-are-gdpr-fines-actually-enforced-for-us-companies-with-no-physical-presence https://politics.stackexchange.com/questions/30509/how-are-g...

by whb07 8y ago

amingilani 8y ago

IANAL and none of what I say constitutes as legal advice. That said, all laws are limited to the nation-state they're enacted in. You can walk into a brother in the EU, but not in the US unless you're in Nevada where state-law allows it. Most legislation in my country (Pakistan) define their scope in their text ("Whole of Pakistan", or "Whole of Punjab", etc.) depending on the body enacting the legislation. The GDPR is special, in that it expands the scope to online services that target EU residents. If your audience includes the EU, and you're not GDPR compliant, you'll likely get fined by the EU. How they enforce the fine is murky at the moment, and was left out as to be decided later, but I'd assume you'd have to pay the fine and any other fees if you ever started operating within the EU or running money through, or literally doing anything in the EU. This random stackexchange question[1] also says the EU hopes to have US cooperation to enforce the fines but IANAL and I'm not sure how that would work. [1]: https://politics.stackexchange.com/questions/30509/how-are-gdpr-fines-actually-enforced-for-us-companies-with-no-physical-presence https://politics.stackexchange.com/questions/30509/how-are-g...