How far does jurisdiction extend?

[Candlelight]

http://www.itnews.com.au/News/287823,four-key-questions-from-the-mega-conspiracy.aspx

Last week’s arrest of MegaUpload staff in New Zealand and the possibility of their extradition to the United States raises significant questions for users of cloud services the world over.
I spent the weekend discussing the ramifications of the case with Shelston IP partner Mark Vincent, a globally recognised expert on cloud computing and the law, who by good fortune also happens to be a New Zealand lawyer in Auckland.
We felt it best to distil concerns around the case down to four key questions:
- Does US territory now extend to cyberspace?
- What crime would be grounds for extradition?
- What constitutes racketeering in an intellectual property case?
- Could this precedent extend to other cloud services?
While the indictment suggests the US authorities have done their share of homework on global law, they can expect to encounter some difficulties with the following aspects of the case (read the article for the details, too long to post here)

This is not a 'bash the US authorities' thread, nor is it a thread about file-sharing, so please keep it that way. Would prefer a discussion about the future of cloud services, and what they mean globally. Do we have to start drawing fences around the Internet? Extradition is a strong word, even when crimes haven't been commited on American soil. This excerpt is quite interesting:

National jurisdiction has traditionally extended to activities that take place within a country, in its waters and airspace, even in its vessels and aircraft when they move beyond these borders. But it has not traditionally encompassed activities on foreign soil. To deal with international IP infringements on the internet the United States is going to be re-defining the boundaries of state jurisdiction.

Is it the content or the location where the crime is commited (servers for MegaUpload were partly on US soil)?

Discuss (and keep it civil ).

 

[Locutus of Bored]

In answer to your question about why US authorities could go after MegaUpload even though it's outside the US, Ars Technica had an article about that:

http://arstechnica.com/tech-policy/...us-seize-a-hong-kong-site-like-megaupload.ars

This article is also helpful in providing some background:

http://arstechnica.com/tech-policy/news/2012/01/why-the-feds-smashed-megaupload.ars

Thanks to Arrgh for posting these in The Forum that Must Not Be Named.

 

[Candlelight]

Interesting article; one thing I find interesting though is this comment:

Megaupload purposely did business in the US and with US residents, and it targeted its sites (in part) toward the US. You generally can't gain the benefits of doing business in a jurisdiction without complying with its laws, and being subject to its enforcement efforts

What happens when a law in one country conflicts with a law in another? If I made a site that says 'here's a coupon for a alcoholic beverage when you turn 19' and make it available to anyone in the world. Now in New Zealand you're allowed to drink when you're 19, but in the US it's 21.

(Weak argument I know but I hope you can see my point )

 

[Locutus of Bored]

I was just posting the article because it addressed the questions in your OP, not arguing the merits of the case one way or the other.

 

[Maestro]

A country's jurisdiction into another country goes only as far as the second country is willing to let it. The US can pass SOPA, but it's only binding on New Zealanders if the Kiwi government lets US officials enforce it on NZ soil.

 

[Candlelight]

I was just posting the article because it addressed the questions in your OP, not arguing the merits of the case one way or the other.

I wasn't asking you too. Wouldn't want the Feds to find out about this thread and shut us- eeeekkk!

The US can pass SOPA, but it's only binding on New Zealanders if the Kiwi government lets US officials enforce it on NZ soil.

I think it's safe to say SOPA is irrelevant now, given the Feds can shut down any site they want.

 

[Gov Kodos]

About time, now maybe China can finally get those sites for Taiwanese and Tibetan causes that are destabilizing their government shut down.

 

[Nerys Ghemor]

Out of curiosity--could maritime law, for what happens in international waters and airspace, provide any kind of precedent for what happens in the "international waters" of cyberspace?

 

[Count Zero]

I don't think it's actually really a novelty. The internet never was a lawless space. National authorities have always been able to enforce the law in regards to servers and domains located in their country.
Megaupload had many servers in the USA so US jurisdiction certainly applies to whatever happened on those servers. Due to international cooperation suspects can be arrested in other countries by the authorities there and possibly extradited. That's not necessarily sinister.