What is a criminal complaint ? This looks distinctly like a civil matter to me.
EasyDNS threatened with criminal complaint if client data not disclosed
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Re: EasyDNS threatened with criminal complaint if client data not disclosed
#22Earlier quoted context omitted.
So any DNS registrar that registers sites accessible in Saudi Arabia is subject to its blasphemy laws? Without any presence in foreign countries, the most the foreign country can do is block the offending website or infrastructure provider. I guess they could also request extradition, but most countries only extradite citizens if what they did was also illegal in the home country.
"Make accessible"? That, alone, is probably insufficient. But if you advertise there or otherwise target its nationals, then it is much more likely. Enforcement is, of course, a separate matter. The country may not be able to reach you without some sort of agreement with your home country; but if you ever visit a country with which it does have an agreement, you could find yourself taken away to answer to the law.
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Re: EasyDNS threatened with criminal complaint if client data not disclosed
#23Attorney here! (Not legal advice, consult a licensed attorney in your jurisdiction.) Don't get me wrong, but easyDNS may be jumping hastily to conclusions. In many countries, soliciting business there makes you subject to its jurisdiction and laws, regardless of where your business is based. I don't know German law, but I hope that easyDNS consulted their own attorneys on the subject before publishing this post, or t…
easyDNS here.
1) We do not advertise in Germany.
2) Our client is not German.
Re: EasyDNS threatened with criminal complaint if client data not disclosed
#24This is a pretty serious issue if they were to get away with it, although I'm not sure about how legal precedents work in Germany, but regardless holding a domain registrar liable for what the domain itself distributes seems absurd. It's like suing a city for giving land legally to someone who started a drug smuggling operation under that land as if the city knew the intent.
A better analogy of something that regularly happens would be demands for a mobile phone provider to hand over all info they have for a number used in drug trade. Not sure how that works in Germany.
This is hardly analogous. A registrar files some paperwork. A phone provider operates and maintains equipment that provides the functionality of the phone.
Re: EasyDNS threatened with criminal complaint if client data not disclosed
#25Attorney here! (Not legal advice, consult a licensed attorney in your jurisdiction.) Don't get me wrong, but easyDNS may be jumping hastily to conclusions. In many countries, soliciting business there makes you subject to its jurisdiction and laws, regardless of where your business is based. I don't know German law, but I hope that easyDNS consulted their own attorneys on the subject before publishing this post, or t…
I'm guessing easyDNS doesn't have "attorneys". The article does, however, mention "lawyers": "both easyDNS and our lawyers take a dim view".
(Random terminological observation deleted.)
Re: EasyDNS threatened with criminal complaint if client data not disclosed
#26Attorney here! (Not legal advice, consult a licensed attorney in your jurisdiction.) Don't get me wrong, but easyDNS may be jumping hastily to conclusions. In many countries, soliciting business there makes you subject to its jurisdiction and laws, regardless of where your business is based. I don't know German law, but I hope that easyDNS consulted their own attorneys on the subject before publishing this post, or t…
Is there any indication that they solicited business in Germany? And how, in practice, could they enforce that if this canadian entity has not broken any canadian law and canada as such has no impetus to enforce german law?
> Is there any indication that they solicited business in Germany?
My understanding is making the website available to a country can be soliciting business.
> And how, in practice, could they enforce that if this canadian entity has not broken any canadian law and canada as such has no impetus to enforce german law?
Don't they have deals for such thing? I remember reading that a British court judgement for damages could be enforced in the US.
Re: EasyDNS threatened with criminal complaint if client data not disclosed
#27Attorney here! (Not legal advice, consult a licensed attorney in your jurisdiction.) Don't get me wrong, but easyDNS may be jumping hastily to conclusions. In many countries, soliciting business there makes you subject to its jurisdiction and laws, regardless of where your business is based. I don't know German law, but I hope that easyDNS consulted their own attorneys on the subject before publishing this post, or t…
Is there any indication that they solicited business in Germany? And how, in practice, could they enforce that if this canadian entity has not broken any canadian law and canada as such has no impetus to enforce german law?
They could arrest their officers if they're ever in Germany (or maybe the EU).
Re: EasyDNS threatened with criminal complaint if client data not disclosed
#28Attorney here! (Not legal advice, consult a licensed attorney in your jurisdiction.) Don't get me wrong, but easyDNS may be jumping hastily to conclusions. In many countries, soliciting business there makes you subject to its jurisdiction and laws, regardless of where your business is based. I don't know German law, but I hope that easyDNS consulted their own attorneys on the subject before publishing this post, or t…
Is there any indication that they solicited business in Germany? And how, in practice, could they enforce that if this canadian entity has not broken any canadian law and canada as such has no impetus to enforce german law?
> And how, in practice, could they enforce that if this canadian entity has not broken any canadian law and canada as such has no impetus to enforce german law?
Many countries have signed treaties that provide for enforcement process for judgments rendered in another signatory. It's in the spirit of reciprocity. If Canada wants to be able to reach a German national, Germany will insist on a reciprocal arrangement to reach a Canadian national. (I don't know whether they have such an agreement, but such agreements are common.)
Contrary to what a lot of HNers may believe, judicial and procedural boundaries aren't necessarily coextensive with national borders.
Re: EasyDNS threatened with criminal complaint if client data not disclosed
#29The letter mentions the client's name as Mr. Niemela, upon some Googling you can see that he sued Google and some other companies to remove his online presence and some news about him. So it looks like it's just usual practice for him & his law firm. (This info wasn't redacted so I assume it's safe to mention it here)
easyDNS here.
I don't think that this is the same Niemela. The material covered in this issue is just a plain vanilla image, not of a person.
Re: EasyDNS threatened with criminal complaint if client data not disclosed
#30> I appreciate your alleged concern for your users’ privacy. Person who wrote this is a dick. They're assuming motives and they also didn't do any due diligence to realize the registrar isn't under the GDPR or located in the EU. This irks me. It feels like if someone discloses a security problem in a city's bus/train ticketing system and the first response is to go to the sheriff's department and see if that person c…
The EU claims that even companies not located in the EU are still subject to the GDPR. I don't think the GDPR is applicable in this case tho. It seems likely to pertain to the EU 'right to be forgotten' law(s).