this post was submitted on 19 Oct 2023
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Where are you guys based? Ultimately there is only one legal jurisdiction that applies here
The domain is registered in Netherlands, but all the server IPs seem to be located in the US. Not that IP localization is always accurate (I'm actually not sure how it works at all)
Could be Cloudflare?
Hmm... I wonder if cloudflare servers in the US would subject a website to US laws. Maybe for only certain types of content? Or does any content passing through the.... well any country... subject it to that lands laws.
I believe it transpired awhile ago that the servers are physically located in Finland but they do use CloudFlare. As such, I would assume (as oppose to know) that the legality rests on Finnish law. CloudFlare's responsibilities are often tested but there does seem to be a large grey area. This is an interesting read concerning German law on DNS resolvers in general and CloudFlare in particular.
Yeah, it is an interesting legal topic. I saw this case where cloudflare was deemed not responsible in an instance of copyright infringement. I guess ultimately that's up to cloudflare and the countries they operate in to deal with.
It does feel like DNS resolvers are the next battleground. I can't remember the provider (NextDNS maybe?) but a DNS resolver was threatened by several very large media companies that they would sue if the provider didn't block resolution to pirate sites. The provider caved IIRC.
CloudFlare might have deep enough pockets to take on Sony/Disney or even EU law but the smaller providers certainly don't.
Thank you for asking this, the part about users not using LW for illegal activities is also unclear to me, is it an illegal activity in my country where I'm posting from, or an illegal activity where LW is registered. For example, being gay might be illegal where I live, it won't stop me accessing queer communities online.
That's an obvious situation for me, because it's such an unjust law, but a more vague example might be an 18 year old in the USA and and 18 year old in Australia discussing the consumption of alcohol and how to make homebrew. One of those people are breaking local laws. In the grand scheme of things this is a relatively harmless situation, but would this technology be a violation of the T&S?