6 ms·

Well, unfortunately, yes. Belgium can’t give you a license to commit a crime in another country.

by andruby 3y ago

kachnuv_ocasek 3y ago
Why not? The US does this regularly.
- deleted 3y ago
  [deleted]
- hutzlibu 3y ago
  So do other intelligence services, but that doesn't mean regular citizens are allowed to so this as well. (and whether secret services are "allowed" to do so, is a seperate question)
sureglymop 3y ago
Surely the law here should be pedantic here, no? Does the location where a server is physically located or the location where a company is registered count?
- WirelessGigabit 3y ago
  Or what if a company buys a set of previously-used-in-Belgium IP addresses and now uses them in France? Something like this happened on the cloud when they were running low on IPv4 addresses.
  - sgjohnson 3y ago
    IP addresses are assigned to organizations, not countries. There's nothing at all preventing me from geolocating my /32 of v6 to anywhere at all I want. Or chopping it into smaller subnets and then allocating those wherever.
WirelessGigabit 3y ago
But the inverse seemingly works with regards to GDPR? If a Belgian citizen in Belgium hacks my US server they are not protected by this Belgian law. Yet if a Belgian citizen in Belgium visits my US server they are protected by GDPR? How does that work then?
- derefr 3y ago
  If a Belgian citizen in Belgium visits your US server for commercial purposes then international trade treaties apply, and those treaties model your business (which might just be a sole proprietorship) as having a Belgian subsidiary that is doing the actual commerce with them. Same reason that if a country Y has a law against selling thing X, but no law against buying thing X, then you, outside of country Y, are still not allowed to sell+ship X to people in country Y. For purposes of commercial interactions with people in country Y, you're acting as a local subsidiary subject to those laws. (In fact, for tax reasons, you may not even be able to sell into many countries without having a real established domestic incorporated business in those countries.) Note that this doesn't apply if there's a (multinational) import/export business involved — in which case, you have no obligation to avoid selling X into the country, because you're selling X to your own domestic country-Z arm of the importer/exporter. It's then the import/export business's duty to comply with laws about what can be sold in country Y (and to pay any import tariffs, etc.)
- rascul 3y ago
  > Yet if a Belgian citizen in Belgium visits my US server they are protected by GDPR? No, not if you and your server have no EU presence. There might be other reasons to comply, though.
  - andruby 3y ago
    Yes they are. If a US company provides a service to a EU citizen, they must comply with EU regulations. If an EU company provides a service to a US citizen they must comply with US regulations (eg Sales Tax, etc)
    - 3y ago

Well, unfortunately, yes. Belgium can’t give you a license to commit a crime in another country.

kachnuv_ocasek 3y ago

Why not? The US does this regularly.

deleted 3y ago
[deleted]
hutzlibu 3y ago
So do other intelligence services, but that doesn't mean regular citizens are allowed to so this as well. (and whether secret services are "allowed" to do so, is a seperate question)

sureglymop 3y ago

Surely the law here should be pedantic here, no? Does the location where a server is physically located or the location where a company is registered count?

WirelessGigabit 3y ago
Or what if a company buys a set of previously-used-in-Belgium IP addresses and now uses them in France? Something like this happened on the cloud when they were running low on IPv4 addresses.
- sgjohnson 3y ago
  IP addresses are assigned to organizations, not countries. There's nothing at all preventing me from geolocating my /32 of v6 to anywhere at all I want. Or chopping it into smaller subnets and then allocating those wherever.

WirelessGigabit 3y ago

But the inverse seemingly works with regards to GDPR? If a Belgian citizen in Belgium hacks my US server they are not protected by this Belgian law. Yet if a Belgian citizen in Belgium visits my US server they are protected by GDPR? How does that work then?

derefr 3y ago
If a Belgian citizen in Belgium visits your US server for commercial purposes then international trade treaties apply, and those treaties model your business (which might just be a sole proprietorship) as having a Belgian subsidiary that is doing the actual commerce with them. Same reason that if a country Y has a law against selling thing X, but no law against buying thing X, then you, outside of country Y, are still not allowed to sell+ship X to people in country Y. For purposes of commercial interactions with people in country Y, you're acting as a local subsidiary subject to those laws. (In fact, for tax reasons, you may not even be able to sell into many countries without having a real established domestic incorporated business in those countries.) Note that this doesn't apply if there's a (multinational) import/export business involved — in which case, you have no obligation to avoid selling X into the country, because you're selling X to your own domestic country-Z arm of the importer/exporter. It's then the import/export business's duty to comply with laws about what can be sold in country Y (and to pay any import tariffs, etc.)
rascul 3y ago
> Yet if a Belgian citizen in Belgium visits my US server they are protected by GDPR? No, not if you and your server have no EU presence. There might be other reasons to comply, though.
- andruby 3y ago
  Yes they are. If a US company provides a service to a EU citizen, they must comply with EU regulations. If an EU company provides a service to a US citizen they must comply with US regulations (eg Sales Tax, etc)
  - 3y ago