3 ms·
Its reasonable to expect compliance without a court order at least in cases where every functional jurisdiction in the world agrees that the party so protected
by michaelmrose 2y ago
Its reasonable to expect compliance without a court order at least in cases where every functional jurisdiction in the world agrees that the party so protected is engaging in immoral and illegal conduct.
Whereas many edge cases exist wherein conduct on the internet may have differing interpretations nothing stops anyone from handling the massive intersection where all reasonable parties agree.
Doing so in fact removes a lot of ammunition for arguments for more unworkable suggestions.
- AnthonyMouse 2y agoIf "every functional jurisdiction in the world" agrees then you don't need to go to a court in Moldova and then try to have the foreign ruling enforced in the US because you could have just gone directly to the courts in the US, right? The issue is that they're trying to sue the wrong party -- the provider instead of the customer -- which US law rightfully discourages, which is why they're trying to cheat through some convoluted cross-border jurisdictional shenanigans.
- michaelmrose 2y agoWhen receiving a credible support of a customer who is in every functional jurisdiction a criminal attacking the public they should act against that customer without a court case. They should block them from their service and forward the information they have available to the relevant authorities in jurisdictions which may be positioned to act against the user. Nobody has any expectation of privacy in their crimes.
- AnthonyMouse 2y ago> When receiving a credible support of a customer who is in every functional jurisdiction a criminal attacking the public they should act against that customer without a court case. Do you not realize the level of abuse this opens up? The company has no capacity to do thorough fact finding. They can't subpoena anyone or put them under oath. Trolls will send them complaints with plausible-sounding claims and their only practical options are to execute them without adequately investigating or to ignore them. The only non-abusive option is to ignore them and leave the law enforcement to law enforcement.
- michaelmrose 2y agoDoes it look like a bank of America login page and not belong to BOA oh look its crime. Not sure? Did officer friendly call to investigate? Give him the contact details right off and take action only pending litigation. If you take only unambiguously correct actions it will be harder for the government to push for much less friendly options later.
- AnthonyMouse 2y ago> Does it look like a bank of America login page and not belong to BOA oh look its crime. How do you know if it belongs to BOA? The name of the company/contractor on the bill is regularly different than the name of service being hosted. Even then, how do you know that it's crime rather than e.g. part of some computer security coursework or a research study on phishing or a misconfigured page where somebody was doing a copy and paste and accidentally pasted the wrong thing into their site? The answer, of course, is that if it's crime then the people who think it's crime should report it to law enforcement to conduct an investigation. Then if it is crime, the perpetrators get arrested instead of just having their account closed (tipping them off that they've been discovered) and opening another one under a different name.
- michaelmrose 2y agoYou can just ask BOA if your common sense is insufficient. Most companies do due dilligence to avoid complicity with criminal activities. If Cloudflare doesn't believe they should now they can wait until a bunch of non-technical 65+ define their role for them in 35 different jurisdictions and hope that goes well.