4 ms·

I am really not trying to be an alarmist but couldn't one be extradited to Australia for not complying?

• adventured 8y ago
  Definitely not in the case of the US. For other developed, liberal democracies, it'd be similarly very unlikely. It'd be equivalent to allowing China (or Turkey, etc) to extradite a citizen over speech that offends said foreign government. The US is particularly aggressive about not ceding legal / constitutional sovereignty to other nations or entities.
• jeeeeb 8y ago
  Non-compliance with a TAN/TCN is a civil mater and the law explicitly states that being required to do an act or thing in a foreign jurisdiction that would contravene the laws of that jurisdiction is a defence for non-compliance.
  • mcherm 8y ago
    > being required to do an act or thing in a foreign jurisdiction that would contravene the laws of that jurisdiction is a defense for non-compliance There is no law in the US prohibiting me from creating an alternate login screen for one particular customer just in order to capture their login password. So as a US citizen I have no defense within Australian law against an Australian demand that I capture the password of one of my users... perhaps a parliament member of the Australian opposition. I can choose to simply ignore the demand. The US will not extradite me for violating a foreign law that does not have an equivalent in US law. But I suppose I can never go on vacation to Australia.
    • jeeeeb 8y ago
      Are you sure there is no law against this in the US? Isn't this potentially: 1. Circumventing an electronic protection 2. Unauthorised access (if your employer does not authorise the changes) .etc.
      • mcherm 8y ago
        Yes, I am fairly sure. > Circumventing an electronic protection > Unauthorised access The company providing the protection cannot by definition circumvent it or be unauthorized. If a third party decides to deliver a payload to your browser to discover your Facebook password, then they are violating the DMCS in the US. But if Facebook decides to deliver a payload to your browser to discover your Facebook password that is simply them doing business in a different fashion. This isn't a violation of US law, so refusing it do it would be a violation of Australia's very poorly-considered new law.
        • jeeeeb 8y ago
          I'm obviously not an expert on US law but I find it very hard to believe that it is legal for an employee of a US company, without the permission of that company to put up a fake login page for particular users and then provide that information to a foreign government. Now if the TAN/TCN was issued to a US based company that would be a different issue but then you as an individual would not be in violation of it. Not that that makes it a better law, but I think for people not physically in Australia the risk of being issued an enforceable (under Australian law) TAN/TCN is quite low.
          • rendall 8y ago
            It is not legal. It would break so many laws that a prosecutor would have a difficult time sorting through them all.
• brianpgordon 8y ago
  Assuming you're in the US, you won't get extradited for anything unless your conduct was actually illegal in the US.