4 ms·
> If you want to operate in a jurisdiction What defines "operating"? Does it mean you are physically based there? Your infrastructure being there? Your company
by Nextgrid 5y ago
> If you want to operate in a jurisdiction
What defines "operating"? Does it mean you are physically based there? Your infrastructure being there? Your company registration? Your bank account? Etc.
Back in the day these weren't problems in practice; for physical goods/services you typically were based in a single jurisdiction. If exporting goods, customs take care of it.
The internet has no "customs" equivalent though, so you can very well be based in one jurisdiction and yet process personal data of residents of another. Sometimes you may not even know where the data subject actually resides.
- danlugo92 5y agoSomeone might be using a VPN as well...
- vkou 5y agoIf I run a liquor store in Florida, and a Saudi tourist visits it and buys a bottle of wine, that's not my problem. Saudi Arabia can't do anything to me, regardless of how many of their drug laws I'm breaking. If I start advertising my store in Saudi Arabia, or move my money into a Saudi bank, or visit their kingdom, then I'll have a problem. Because it can do something to me. It can tell my business partners to cut me off, or seize my money, or, in the latter case, arrest me as a drug kingpin.
- criddell 5y agoAs long as subjects opt-in with their geographic information, the companies can protect themselves.
- 908B64B197 5y ago> What defines "operating"? Does it mean you are physically based there? Your infrastructure being there? Your company registration? Your bank account? Etc. For globally distributed businesses governments can and will target payment processors. > The internet has no "customs" equivalent though We can thank regulators for not understanding this "computer" thing. This environment gave the industry 20 years of innovation. Nothing more depressing than dealing with custom and special snowflakes regulations (most of the time, to protect some local rent-seeker!). In this case, BC can do whatever it wants, they have no jurisdiction. They might as well claim ownership of the moon.
- krono 5y agoUsing a EU-citizen's picture for marketing purposes without their consent, if the picture was taken someplace where this is legal, sure. But that same picture should then not be used for that purpose in the EU where it's illegal. It's not dissimilar to how public drinking in The Netherlands would get me drunk, but doing the same in Saudi Arabia gets me 100 lashes.
- lmeyerov 5y agoLess "what" and more "who" The jurisdiction decides, and you play by their rules... or leave
- adolph 5y ago> What defines "operating"? If some aspect of an operation can be detained, expropriated, or extradited, now or in the future, then it operates in that jurisdiction. Otherwise it is just talk. Hence Assange is slowly on his way to the US; Snowden is just cold until the US has something to offer.
- vkou 5y ago> What defines "operating"? Does it mean you are physically based there? Whether or not I do any business with anyone controlled by the jurisdiction. It's not a problem in practice. I can host a website that pisses on Putin in the United States. I have no intentions of ever going to Russia. I don't rely on any Russian services. A Russian may visit it, because, well, Russia has access to the internet. I may be breaking Russian law, but I don't care, because I'm not operating in Russia. Russia can tell their ISPs to block me, or can ask for my host to cut me off. My host isn't likely to comply, because it too, is unlikely to have ties to Russia. I put up an ad from a Russian company on it. I'm now operating in Russia, and Russia can shut that part of my business down, by forcing the Russian company to stop doing business with me. Once they do, I'm no longer operating in Russia. Some jurisdictions reach further than others. Russia (or Canada) has jurisdiction over its corner of the world, and little else. The United States has jurisdiction over a very large part of the world, because a lot of businesses that I would partner with have an American presence, and will comply with American requests. China is somewhere in the middle. Its reach extends somewhat beyond its borders, but doesn't straddle the world.