| Author |
 Topic Search  Topic Options
|
Gullanian 
Senior Member
Joined: 04 January 2002
Location: England
Status: Offline
Points: 4373
|
 Post Options
 Thanks(0)
 Quote  Reply
 Topic: Webserver location and law
Posted: 19 February 2006 at 5:56pm |
|
If a webserver is located in France, would the website be under French jurisdiction or would it be from where you are running it from?
|
 |
huwnet
Senior Member
Joined: 30 May 2003
Location: England
Status: Offline
Points: 1375
|
Post Options
Thanks(0)
Quote Reply
Posted: 19 February 2006 at 9:30pm |
|
I believe it can actually be under both, certainly if you have a local domain.
My site is now hosted in the US so technically I should have COPPA on my forums.
|
|
ub3rl337ch3ch
Senior Member
Joined: 16 February 2005
Location: Australia
Status: Offline
Points: 341
|
Post Options
Thanks(0)
Quote Reply
Posted: 19 February 2006 at 10:06pm |
|
yeah, i thik its subject to where the server is AND where the domain is registered. Though there may be some slight differences between the legal requirements for a server vs a domain name...
|
|
dpyers
Senior Member
Joined: 12 May 2003
Status: Offline
Points: 3937
|
Post Options
Thanks(0)
Quote Reply
Posted: 20 February 2006 at 12:22am |
|
Usualy, you're subject to the laws of the country where the server is in but different governments make exceptions for certain types of sites.
For instance, the US Gov considers that gambling occurs where the bet is placed - e.g. from your PC, not from where the server that takes the bet is located.
In the US, you can buy cigarettes online from servers on Indian reservations. Theoretically, you are not subject to state taxes. The State governments however have an arrangement with the credit card companies to report anyone who buys cigarettes online from a Reservation server and the states then go after the individual for state cigarette taxes.
If you run a porn site that delivers content to one of several countries, you can be arrested if you enter that country regardless of where the server was located.
As far as domains go, in most countries, you can loose the TLD - country domain - for violating the law of that country regardless of where the servers are located. e.g. Violate UK law and at a minimum, you would loose the uk.co domain.
|
Lead me not into temptation... I know the short cut, follow me.
|
|
Gullanian
Senior Member
Joined: 04 January 2002
Location: England
Status: Offline
Points: 4373
|
Post Options
Thanks(0)
Quote Reply
Posted: 20 February 2006 at 12:58am |
|
How about this example, in Russia apparently copyright doesn't cover digital media. Can you have a website setup in Russia handing out music to anyone legally? If I downloaded music from England off a Russian website, would I be breaking any laws?
|
|
ub3rl337ch3ch
Senior Member
Joined: 16 February 2005
Location: Australia
Status: Offline
Points: 341
|
Post Options
Thanks(0)
Quote Reply
Posted: 20 February 2006 at 1:34am |
if you downloaded it where its illegal to do so, yes... if someone downloaded it off your site (regardless of whether it was legal for the or not), no...
what a person does on the internet is governed by the laws of the state/country they're accessing the net from...
what's on the server is governed by the location of the server and the domain registraion...
|
|
Gullanian
Senior Member
Joined: 04 January 2002
Location: England
Status: Offline
Points: 4373
|
Post Options
Thanks(0)
Quote Reply
Posted: 20 February 2006 at 3:40am |
|
English law dictates you can't pirate music, but is it pirating it by downloading it off a site which is completely legal?
|
|
the boss
Senior Member
Joined: 19 January 2003
Location: Saudi Arabia
Status: Offline
Points: 1727
|
Post Options
Thanks(0)
Quote Reply
Posted: 22 February 2006 at 9:37am |
if u are using a ccTLD domain, which are specfic to country, then that country rules will apply. Because using a ccTLD puts your website as a kind of representative of that country
If u are using a generic TLD such as com/org/net then the rules of the webhost location apply. However your local government and law enforcement agencies can interfere and get your website shut.. but usually such attempts are not sucessfull on mass scale..
there are not hard coded rules for the internet however the above mentions criteria is the most popular used for evaluation
for example it would be illegal to have a gambling websiute under .com.sa domain because this domain falls under the jurisdiction of saudi internet authority
|
|
|
|
