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It’s you who are mixing things. Putting up a website outside the UK and “deciding to provide services in the UK” are two decidedly different things. UK legal i
by eduction 1y ago
It’s you who are mixing things. Putting up a website outside the UK and “deciding to provide services in the UK” are two decidedly different things.
UK legal imperialism is self centered and unrealistic and undermines speech the world over.
- Analemma_ 1y agoI’m guessing that Imgur happily accepted the ad revenue from UK users while it served them images. If you genuinely were “not providing services” to UK users, you wouldn’t do that. I’m not happy with extraterritorial assertions over internet services either, but you can’t wish them away with sophistry about “we’re not providing services to them!” if you’re happy to take their money and serve them a page in exchange. That’s the definition of a business providing a service to a customer.
- iamnothere 1y agoDo they run their own ad network, or do the ad networks take the money from advertisers and cut Imgur a check? Maybe instead of trying to enforce your standards on every little site on the internet, you should just focus on the people who actually have a direct point of contact with money coming from UK businesses. (Yes, the ad networks.) It’s completely absurd to say that some hobbyist would have nexus in the UK because they run a Google Adwords campaign to get some occasional pocket change from their project. Pre-Internet, it would be like going after a US magazine because someone brought home a copy from the US. Websites are not global entities by default, somehow responsible for obeying laws across nearly 200 national jurisdictions and many more state/provincial/local jurisdictions, across different languages and legal customs. Completely absurd! Who do you think you are to demand such a thing? On the other hand, I think it would be perfectly fine to say that UK domiciled ad networks cannot put their ads on sites that violate some arbitrary standard. (An anti-freedom law to be sure, but at least it’s consistent with common international conventions.) This puts the onus on the ad network, rather than the site owner, who may not know or care who is visiting or from which country.
- Analemma_ 1y agoThe standard you are proposing here ultimately boils down to "you can do business in a country without being subject to its laws, as long as your commercial transactions with the customers in that country are laundered through a sufficiently convoluted network of international companies like payment processors and ad exchanges". I don't think it should be terribly surprising that states don't subscribe to this view of sovereignty and jurisdiction.
- iamnothere 1y ago> I don't think it should be terribly surprising that states don't subscribe to this view of sovereignty and jurisdiction. Well they will have to put up with it, as they have done over the past few decades. Or, alternatively, they can engage in aggressive China-style site blocking. Only the US has significant extraterritorial legal reach. IMHO, this policy is a transparent effort to forcefully alter the content policy of US companies. It’s more about political influence than it is about “content safety” at home. (Unilateral site blocking, perhaps with an appeals process, would be a much more effective approach for this.) The UK will regret the consequences if they push too forcefully on this.
- josephg 1y ago> IMHO, this policy is a transparent effort to forcefully alter the content policy of US companies. I don’t see it that way. US companies have an atrocious record wrt user privacy and security. The Europeans don’t want their citizens data being bought and sold by online providers. And that’s a reasonable demand! Either clean up your act or leave Europe & the UK. If US companies don’t want to obey UK laws, they can’t do business in the UK. It’s just like farmers can’t sell produce in the UK if they don’t meet British health standards. Consider the inverse: imagine if another country ran a porn site which blatantly hosted underage content (CSAM). Under your view of the world, would the us govt be ethically entitled to tell the site to clean up its act or it’ll get blocked from the US? That sounds fine to me. I’d be shocked if they were even given a warning about that. But how do you square that circle? Wouldn’t that be a “transparent effort to forcefully alter the content policy of another country”?
- chrisjj 1y ago> if you’re happy to take their money and serve them a page in exchange. How about the fact Imgur just ceased service to millions of users from which they took no money?
- eduction 1y ago> if you’re happy to take their money The law doesn’t require that they take any money, and you’re merely guessing they are. Weak
- pjc50 1y agoThe US does exactly the same thing, including at the state level. See e.g. https://en.m.wikipedia.org/wiki/United_States_v._Scheinberg https://en.m.wikipedia.org/wiki/United_States_v._Scheinberg
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- eduction 1y agoAnd you’re suggesting that if the US does it it is ipso facto a good idea? Strange reasoning. This is also apples and oranges. Running credit cards involves knowing exactly where people are located. You do in a real sense “decide” to do business with people in a given country. Not every website does that. Some just serve posts to all comers. Some allow people to upload an image. Deducing where those people are from is non trivial. When I blog something I’m not “deciding” in any meaningful sense to “serve” people in country X.