You better hope a court strikes that interpretation down, Dean. If it holds, then it would mean that the reverse could also be true. Imagine one of your users posts something defamatory to the Chinese government on their web site, and a Chinese web browser picks it up. Congratulations, your network just sent information into China that violates Chinese law. Better hope we don't sign an extradition treaty with them any time soon. Similar crimes, albeit with less nasty punishments, could happen with countries with which we *DO* have extradition treaties. This is a can of worms that will bite us all in the ass, if opened. Fortunately, I doubt that you'll get far. I sure hope you don't. I'd hate to see what happens if, say, somebody uses my email server to send a death threat to, say, the President of France. ----- Original Message ----- From: "Dean Anderson" <dean@av8.com> To: "Adrian J Close" <adrian@esec.com.au> Cc: <nanog@merit.edu> Sent: Sunday, January 09, 2000 5:00 PM Subject: Re: Netgate.net.nz/ORBS spam colusion
I've already spoken with FBI about juridiction. FBI considers crimes against US computers to be US crimes, even when initiated from foriegn countries. They can extradite for this. That it originated from NZ isn't an issue. While the FBI agreed that these were indeed violations, my initial complaint was not prosecuted because we could at the time only come up with $900 in damages. We are closing on the $100K mark, where I'll make an updated complaint, which I hope will get more attention.