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EasyDNS threatened with criminal complaint if client data not disclosed

easydns.com

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Re: EasyDNS threatened with criminal complaint if client data not disclosed

#41
post #39

This is a good reason to host your site in one country, use a registrar from another, and live in yet another. The most trivial lawsuit will require an international lawyer creating a threshold most significant.

> The most trivial lawsuit will require an international lawyer creating a threshold most significant. Most people hosting websites can't afford international lawyers.

I think he refers to the person / entity suing.

Re: EasyDNS threatened with criminal complaint if client data not disclosed

#42
post #20

Earlier quoted context omitted.

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…

IANAL, however I have been led to believe that those reciprocity agreements usually include some statement along the lines that said infraction needs to be prosecutable locally. Countries usually don't extradite their citizens for things that aren't considered a crime in their jurisdiction..

Re: EasyDNS threatened with criminal complaint if client data not disclosed

#43

This 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.

Germany has some surprisingly regressive (IMO) laws about the internet, copyright, etc. See: https://teleread.org/2018/03/03/project-gutenberg-blocks-ger...

Re: EasyDNS threatened with criminal complaint if client data not disclosed

#44
post #7

Attorney 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.

You might like to update your blog post with that info.

I came here with the same thought, assuming that your client was German. But it seems you are just a third party, and good luck to them.

Re: EasyDNS threatened with criminal complaint if client data not disclosed

#45
post #4

> 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).

If you are not dealing with an EU entity or an entity in a country with an agreement with the EU you have no right to be forgotten.

Re: EasyDNS threatened with criminal complaint if client data not disclosed

#46
post #39

This is a good reason to host your site in one country, use a registrar from another, and live in yet another. The most trivial lawsuit will require an international lawyer creating a threshold most significant.

I'm not a lawyer, but doesn't this potentially open you up to a lawsuit from any of those countries?

Re: EasyDNS threatened with criminal complaint if client data not disclosed

#47
The response reminds me of some of the Pirate Bay's responses: https://beebulletin.com/hilarious-pirate-bay-legal-responses... The tone is pretty much inviting a judge to impose a hefty fine for noncompliance. I'm not saying they're wrong, just that it seems like a risky stance to take.

Re: EasyDNS threatened with criminal complaint if client data not disclosed

#48
post #4

> 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…

You're reading things into it that aren't there. It's not a personal letter.

Also, why do you mention GDPR? There's no GDPR issue here and the German lawyer didn't mention it.

Re: EasyDNS threatened with criminal complaint if client data not disclosed

#49
post #7

Attorney 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…

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.

Well no. There was one case where the USA couldn't reach a company in another country, so the next time an employee came on holiday to the USA, he was thrown in jail. Don't remember the details, unfortunately.

Re: EasyDNS threatened with criminal complaint if client data not disclosed

#50
post #7

Attorney 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…

Its a huge problem for businesses that operate on the internet. It can magically make you subject to all laws worldwide, at once. You cannot comply with them all.

The issue is to think that a single website and a single way of doing business is all you need on the web.

But in fact companies like Amazon have customised sites, T&Cs, and procedures for every country they operate in because they have to comply with many different legal systems.

But that does not mean that operating a business on the web in a single country makes you liable throughout the world. That being said, accepting a foreign customer might make you liable to the law of that customer's country.

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