• 0 Posts
  • 92 Comments
Joined 1 year ago
cake
Cake day: July 10th, 2023

help-circle









  • Ok you wound me up now so I had a little scouring of the internet.

    Yes, I can not find case law of extradition of US based companies through US entities.

    What I can find is a couple of cases against bigger companies that also act in the realm of the EU. Google has been fined in the Netherlands for global violations if I understand correctly. Meta has been fined even a few times for global violations, enforced in Ireland.

    So yes, technically enforcement in the US is not guaranteed, but they basically can’t build up their company in the EU anymore unless they deal with it. It’s not perfect, but violations can still suck for business expansion, and that is good. and then I do have to look into the new EU data privacy laws if they changed enforcement or anything else important.



  • Ok yes sorry I should have specified, what you’re saying might apply to the US.

    What I said applies to the EU.

    Thing is, companies need to know beforehand if they are dealing with a user from US or EU because they don’t wanna break laws when they have to deal with the court system anyway on stuff like this. So technically they could transmit information about US citizens, but in practice this is super tricky and risky.

    Let’s say you got an IP. Alright you can pinpoint The location. Problem: you don’t know whether you just grabbed the target IP or an IP from a VPN or a proxy. There’s ways to obscure this so you might not even be able to find out. Now if you turn this over, there’s a small risk you just did a crime because they are spoofing their location. And if you just captured a VPN or proxy, you are now pursuing the wrong person and in EU law this won’t go over well.

    So in practice there’s basically no way to do this and be sure you didn’t make a mistake, and mistakes in law are risky and costly. No company would ever take such a risk.

    Now I could go into detail about all the technical details on why things work like that but it would make this twice as long.

    TL;DR in theory you are right for US users, in practice there’s no way to tell and it gets risky pretty fast.

    Also obligatory IANAL and always check in with a lawyer if you need specific legal advice.




  • Well in theory you are right. And if you have evidence like in the case of the 2pac murder (he literally wrote about handing the gun over so they could kill him with it), then sure. But to get a subpoena, and let’s use me as an example, you would need to prove that I talked about specifics on how I would or will pirate a stream, and then you would need to find writing of me saying something to the effect of “I did this yesterday” or “I will do this next week” or something very specific like that.

    And this is only to get the information. Then they still need to tie you to it and get enough evidence to start suing, otherwise they might not be able to prove their prima facia case.

    I know it’s scary, but the truth is we have laws to protect us from government overreach and at the same time those keep companies in check as well. Let’s not make it more dramatic than it is.

    Let’s also acknowledge that conspiracy is easy to say in theory and hard to prove in practice, specifically because you need to make sure you can inextricably link 2 defendant together and they are linked in the context of the same instance of a crime. And at that point no one would waste the resources for such a charge. They would rather chase the piracy websites to shut down a whole network for a bit, that’s more efficient. It’s easier to just serve the server providers a cease and desist and have be over with.

    Obligatory IANAL.



  • I could give you a full breakdown of how it works in EU, but basically there needs to be indisputable evidence that a crime occured for any party to subpoena any ISP or service provider company. Otherwise those companies will be in huge trouble. The one doing the subpoena because they wouldn’t have an order for that and if they fuck around right before suing, courts will not take kindly to that. And the other receiving the subpoena for disclosing personal information (although they’d maybe win a defense to that, because if they did their due diligence they are not supposed to tank the damages).

    What I’m saying is, considering currently laws in the EU, I think we’re good. Of course IANAL so ask one if you need specific advice.



  • I can ramble about a few things:

    • AI - very new, unconventional, scary, interesting and fascinating in a lot of different ways, mostly in ways most ppl don’t really think about
    • US Law - I’m european and I’m not a lawyer in any shape or form but Depp v Heard sucked me in and now I have so much knowledge about the US law that it’s flowing out of my brain every once in a while
    • Computer Science - with varying degrees of proficiency, obv things like software dev, game Dev, stuff like 3d composition, music production, but also some more specific ones like pentesting, some cryptography or scripting.