171–180 of 237 posts
Genuinely never thought I'd see the day. This has been horrible for me running an event ticketing business in Spain... where downtime is basically not acceptable.
Are you saying your event-ticketing business having downtime is not acceptable or that having downtime for the Spanish demographic is not acceptable?
One of the things that so often gets lost in politics is the concept of a stopping principle . If you know you want to do X, be it "enforce traffic tickets", "spend money chasing drug trafficking", or anything else, you really ought to be able to articulate some sort of stopping principle where you stop pouring the resources in. Maybe the problem is adequately solved. Maybe the further resources don't justify the tin…
Does it matter that it happens over IP or CSAM? It doesn't happen over CSAM because there is no dispute there, there is no desync there between spain,the us and cloudflare.
But the mechanisms around these court orders aren't much different than those that would be used for other illegal or contentious material.
If a vendor chooses to pool and encrypt connections in a way that it is impossible to filter by hosts, and that vendor doesn't comply with court orders, then a country should absolutely block that entire vendor.
The liability of an unrelated pooled service failing is either the responsibility of the vendor or the application that chooses that vendor, not on the courts for enforcing the law without a subjective 'stopping point'.
What these vendors do is very similar to pooling in the layering phase of money laundering, but with packets: get traffic from legitimate customers, mix it with traffic from unlawful customers, pool them, and send encrypted EHLO so that the origin domain is encrypted and the packet source /destination are replaced by the vendor's. If this were done with money it would instantly trip all AML flags, but the tech world is much younger and hasn't discovered that laundering isn't cool or free as in freedom, it's a tool that the baddies use.
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Cloudflare are actively involved in publishing this content — they are equivalent to the hosting provider.
Not true, they just proxy the pirating sites to their true host. They have about the same responsability as the ISP themselves. Maybe you want Cloudflare to decide what to proxy and what to block without a judge ordering it.
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That’s true in America, but the word government is applied more narrowly elsewhere, including in the UK.
What matters is what the OP was communicating with it, and in English it means all state bodies responsible for administration. No one would argue the US Supreme Court is not part of the government.
One of the things that so often gets lost in politics is the concept of a stopping principle . If you know you want to do X, be it "enforce traffic tickets", "spend money chasing drug trafficking", or anything else, you really ought to be able to articulate some sort of stopping principle where you stop pouring the resources in. Maybe the problem is adequately solved. Maybe the further resources don't justify the tin…
Why not declare that the value of La Liga's "IP" is a net negative and holding society back, and then simply invalidate all of it on the spot?
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It depends on the law in question. Civil law typically requires that the plaintiff's cause of action and desired remedy be defined in the relevant code or statute. This doesn't mean the average person is powerless; every civil code I know of will let you file a lawsuit for breach of contract, for example. I have no knowledge at all of Spanish law, though, so I have no idea who has grounds to sue whom and under what c…
You would do the same in a civil law country, sue the sports league and ISP. State that an "unlawful act" happened (blocking your service) and claim damages due to loss of traffic and the extra work it caused you.
This is like blocking access to a street, a block of flats or even an estate because drug dealers and hookers operate from them.
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You would do the same in a civil law country, sue the sports league and ISP. State that an "unlawful act" happened (blocking your service) and claim damages due to loss of traffic and the extra work it caused you.
But is it actually an unlawful act? A judge decreed that La Liga can demand the blockage of certain IPs. La Liga demanded the blockage of certain IPs. Does the fact that it had an unintended consequence on others somehow make it illegal?
The law is no stranger to "damned if you do, damned if you don't" scenarios.
Earlier quoted context omitted.
But is it actually an unlawful act? A judge decreed that La Liga can demand the blockage of certain IPs. La Liga demanded the blockage of certain IPs. Does the fact that it had an unintended consequence on others somehow make it illegal?
Judges aren't perfect and just because they decree something, doesn't mean that the remedy implemented by the ISPs isn't also a violation of some law or regulation. Normally this would be handled by yet another court case, possibly going to a higher court to decide if there are contradictions or conflicts. The law is no stranger to "damned if you do, damned if you don't" scenarios.