2 ms·
The implications of defining an action as "happening on US soil" whenever it had an effect that involved mere data that was situated on US soil also seem troubl
by 4bpp 5y ago
The implications of defining an action as "happening on US soil" whenever it had an effect that involved mere data that was situated on US soil also seem troubling, and it's easy to imagine only slightly less clear cause-and-effect relationships from actions to data that would, under this interpretation, suggest extradition to a hostile jurisdiction.
For example, Germany is well known to strictly prohibit and penalise the public display of Nazi symbols. Suppose some US citizen posted unicode swastikas in a game chat (while living in the UK), as kids seem to like to do, and this chat log got replicated on a German server, putting it in violation of German law, and now Germany wanted to throw the book at them (3 years of jail or so). Should the UK extradite this person to Germany? Would it have any bearing on this whether the kid did this with the intention of trolling Germans in game (and perhaps the awareness that it is not legal for them to display the symbol)?
For an even juicier version of this scenario, imagine that we are instead considering the case of an American journalist who tweeted some of the edgier activist-journalist rhetoric (of the "kill all $privileged_group" type) to weigh in on some German domestic dispute. This just so happened to fall afoul of Germany's domestic laws on inciting racial hatred, and the message got replicated on whatever servers Twitter's CDN has there. The intent (to reach Germans) would be there, and a crime (having a public-facing computer server display an incitement to racial hatred) would have happened on German soil. How would you feel about the US journalist being extradited from the UK to Germany to face jail time?