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  1. #1

    Freedom of speech - Where to host to avoid prosecution for invasion of privacy laws

    Where would we host a website where we can speak freely and avoid any likelihood of prosecution for invasion of privacy laws of Europe?

    We heard that the Russian Federation (.RU) could be a safe bet. Is it still the same or it has changed.

    In which countries would you register your domain and host such a website?

    We require a Windows host to accomodate an Access database for forum.

  2. #2
    I think you lost me here, how does speaking freely violate a invasion of privacy law? I'm from Canada so assume the laws over there are a bit different than this side of the puddle.
    Red Rock Servers.
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  3. #3
    Yes, you need to be very upfront and clear about the content you will be hosting, especially if you know it will be pushing the boundries. Be aware that lines between "freedom of speech" and "conspiracy" (for example) are very thin. In the USA, you have freedom to express, but others have the freedom to file lawsuits as well. No host wants any part of litegations.

  4. #4
    People are actually free to say whatever they want. THey are also free to enjoy the consequences of saying whatever they want. Freedom of speech does not mean freedom from responsibility.

    Not to mention, regardless of where you register the domain or host your site, you're still bound by the laws of where you live.

  5. #5
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    Yeah, this one has me scratching my head as well.
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  6. #6
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    Is this one of those "where can I host my database of stolen credit card numbers/credit information for kiddies to openly abuse" requests?



    Bailey
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  7. #7
    Article 8 of the European Convention on Human rights states that people have a right to privacy in their family life. I assume that's what he's referring to.

    In my opinion, the courts could well find that using international hosting was merely a facade to avoid your liability, and thus could 'lift the corporate veil' and hold you as the owner personally liable for such a breach of the ECHR if you're based in Europe.

  8. #8
    Article 8 of the European Convention on Human rights states that people have a right to privacy in their family life.
    I like that law.

  9. #9
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    I dunno, to me the question was clear, and I didn't read it as "where can I host teh l33t warez!11!!".

    Recently, the White House sent a C&D to The Onion site because they used the Presidential Seal in an obvious parody (and as we know, such parody is not considered a copyright violation).

    It seemed to me that the OP is looking for a host that won't buckle under to such silliness; a host where you can post your parodies and thoughts and feelings without the fear of such ridiculous "takedown" aggression.

    What's scary is that only a year ago, none of this seemed to be much of an issue, but within these past twelve months, questions about offshore hosts have sprouted like mushrooms. I think that pretty much sums it up -- more and more US, Canadian, and (most) European ISPs now overreact first, and then rarely ask questions later.

    How terrifying if you have to think twice about posting a blog entry, or writing a parody, or using an image from google (in a non-commercial context) to add a little extra oomph to something on your site.

    ok, i'm done now

  10. #10
    You must backup ALL your statements with solid & legit proofs.
    If you can do that, there's NO way the other party can sue you.
    And this is also necessary for fair representation of your problem (for both parties).
    Chris

  11. #11
    Quote Originally Posted by chris_jon
    You must backup ALL your statements with solid & legit proofs.
    If you can do that, there's NO way the other party can sue you.
    And this is also necessary for fair representation of your problem (for both parties).
    I'm sorry, but this is complete nonsense.
    What you're talking about is veritas defences to a claim of slander or defamation.

    Breach of privacy is a totally different action, and can be persued when the information is true, but should have remained private. Remember, he's asking about European law. Naomi Campbell v Mirror Group Newspapers is the classic case.

  12. #12

    OK...It involves a person's accross seas

    Here is the scenario;
    1. The person I wish to write about does not live in Europe, America or Canada but lives in China
    2. Yes, the story I wish to tell does violates the privacy of a person and it may be classed as defamation. Such information as their name, address, telephone numbers, their ID and Passport numbers, detailed account of their personal life, their photos etc.
    3. About 95% of the story I have written is completely true but there is 5% of padding to make it interesting for readers and people concerned
    4. I am based in Europe.
    5. So what are the legal complications?
    6. I am willing to take the risk of being prosecuted but what is the worst that could happen?

  13. #13
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    You'd trust legal counsel given for free from a forum that consists mostly of techies and business people? My advice to you sir is to pay a lawyer to go over the intricacies of your situation with regard to the law. It's very likely that spending lots of money on offshore hosting is a complete waste of your resources. You say you're willing to be prosecuted over this, but you're not sure what that actually means? You do realize that you may run into some pretty serious legal issues; consider them seriously. It's worth the time and money to consult someone who knows what they're talking about where your rights are concerned.

    If all you want is hardcore offshore hosting, check these (way overpriced) guys out: http://www.havenco.com/

  14. #14
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    Quote Originally Posted by sea otter
    What's scary is that only a year ago, none of this seemed to be much of an issue, but within these past twelve months, questions about offshore hosts have sprouted like mushrooms. I think that pretty much sums it up -- more and more US, Canadian, and (most) European ISPs now overreact first, and then rarely ask questions later.
    That's right, and that's why over-the-air entertainment sources in the U.S. have become even more bland and lifeless than they were in the past, no easy feat.

    We talk about "post 9/11," but we should also talk about "post Janet Jackson's nipple," because that's when the hammer fell on U.S. radio and television. The most interesting thing is that the Federal Communications Commission has not levied one fine against a radio or television station this year, yet they are running scared and self-censoring. Which, from the oppressor's point of view, is the perfect set up.

    Don't forget, Congress lumps the big bad internet in with cable and satellite TV and radio when they talk about regulation. If the reactionary, hypocritical lunatics get their way, be prepared for the Great Firewall of China to sprout up all the way around the U.S. border. They can't keep terrorists out, but they can be damn sure you won't hear anyone curse, or see a butt cheek. Whoopee! I feel so safe and child-friendly!

    I would once again like to applaud all the fine "Republicans" and end-times Xtian nutbags in the U.S. for providing us with an eight year puppet show. You want rapture? Lock yourself in the garage with the car running please. Leave the rest of us out of it.
    datapimp - You only get one soul, ya dig?

  15. #15
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    If you can afford it I think http://www.havenco.com/ is a option....
    Checkout www.crunzh.com for nice freeware programs. Including a program for monitoring your webserver.
    Any opinions in this post, unless otherwise noted, are my own personal opinions.

  16. #16
    I agree that you really need to consult a lawyer in your own country.
    ECHR right to privacy is only applicable to individuals with citizenship or residency of an EU country, but defamation varies from country to country, as does the people who have title to sue.

  17. #17
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    @datapimp amen to that. America has always been isolationist and xenophobic; we only quite reluctantly entered WWI and the European Theatre in WW II. We are an odd, young nation, and I guess we're going through some "bad" years (decades? centuries?) It's so so sad to see that "political correctness" and right-wing delusion have taken such a strong hold. And don't forget, underneath it all, this is a Puritanical country, founded by Puritans. My custom title says it all.

    @msh The problem with havenco is that they're so small and so close to England (in fact, the territorial location has long been under dispute) that the SAS and SBS (does the SBS still exist?) could simply drop in on them at any time and close the whole operation down. Better to stick with Eastern Europe, IMHO.

  18. #18
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    Quote Originally Posted by sea otter
    @msh The problem with havenco is that they're so small and so close to England (in fact, the territorial location has long been under dispute) that the SAS and SBS (does the SBS still exist?) could simply drop in on them at any time and close the whole operation down. Better to stick with Eastern Europe, IMHO.
    I don't believe the SAS or SBS would have the authority to perform such an operation

  19. #19
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    Quote Originally Posted by BrandonSCSN
    I don't believe the SAS or SBS would have the authority to perform such an operation
    Correct; they don't. But neither the UN nor any country in the world has recognized havenco's sovereignty, and IIRC there have been some "veiled implied threats" that England would take down havenco if they saw fit (SAS conducted exercises in the waters near havenco, constant disputes over territorial waters, etc. etc.)

    I'd rather cast my lot with a "real" country.

  20. #20
    Quote Originally Posted by datapimp.com
    That's right, and that's why over-the-air entertainment sources in the U.S. have become even more bland and lifeless than they were in the past, no easy feat.

    We talk about "post 9/11," but we should also talk about "post Janet Jackson's nipple," because that's when the hammer fell on U.S. radio and television. The most interesting thing is that the Federal Communications Commission has not levied one fine against a radio or television station this year, yet they are running scared and self-censoring. Which, from the oppressor's point of view, is the perfect set up.

    Don't forget, Congress lumps the big bad internet in with cable and satellite TV and radio when they talk about regulation. If the reactionary, hypocritical lunatics get their way, be prepared for the Great Firewall of China to sprout up all the way around the U.S. border. They can't keep terrorists out, but they can be damn sure you won't hear anyone curse, or see a butt cheek. Whoopee! I feel so safe and child-friendly!

    I would once again like to applaud all the fine "Republicans" and end-times Xtian nutbags in the U.S. for providing us with an eight year puppet show. You want rapture? Lock yourself in the garage with the car running please. Leave the rest of us out of it.
    The FCC has absolutely NO jurisdiction over internet content. It can only regulate media that is broadcast over the airwaves (aka Non-cable TV and non-subscription Radio). So Speaking from ignorance does not help your position. And the fact is that no new laws have been put in place, only existing ones more strictly enforced. I have nothing against seeing a has-been pop stars breast on TV, but don't feel it appropriate for primetime SUperbowl play...(even though there was nothing to see..lol). THe fact is, left unchecked, TV and Radio were become a pit of lowbrow crap. Every station and shock jock trying to out do the other with kindergarten humor and gutter trash entertainment....dumbing down as I put it. I think the current environment makes them work harder to bring the level of entertainment up a notch.

    There is still plenty of sex and violence on TV and on the radio, I have not notice an drastic drop since the "Janet" incident other then Stern's self-imposed martyrdom...but even that is nothing but his personal PR machine at work to get him off public radio and into a more lucrative satellite deal. The "feud" between him and the FCC is a farce, it's like watching WWE...LOL.

  21. #21
    Quote Originally Posted by sea otter
    @datapimp amen to that. America has always been isolationist and xenophobic; we only quite reluctantly entered WWI and the European Theatre in WW II. We are an odd, young nation, and I guess we're going through some "bad" years (decades? centuries?) It's so so sad to see that "political correctness" and right-wing delusion have taken such a strong hold. And don't forget, underneath it all, this is a Puritanical country, founded by Puritans. My custom title says it all.

    @msh The problem with havenco is that they're so small and so close to England (in fact, the territorial location has long been under dispute) that the SAS and SBS (does the SBS still exist?) could simply drop in on them at any time and close the whole operation down. Better to stick with Eastern Europe, IMHO.
    Yes, you can see what being liberal has done for France. Can't even get car fire insurance anymore...LOL.

    First let's get some things correct..."Political Correctness" is a LIBERAL or LEFT-WING agenda, not a Right-Wing one. The right is the anti-PC group. The left is the ones that feel that everything has to be sanitized so no one's feeling get hurt (unless your a Christian or Conservative, then you're open game).

    The "Puritanical" aspect of the Right is overblown by the Liberal Media. One just needs to turn on HBO or Showtime, or Latenight TV to see that. What would it take to satisfy the left? Porn on the Cartoon Channel at 3pm?

    I read about al the hysteria about the Right trying to turn the entire country into the Bible Belt, but to be honest, I don't buy it, and I don't see it happening in other then isolated incidents that are neither impacting nor long lasting. But the internet sure makes a good place to whip people up into a frenzy over these things....be it the left-wing or right-wing agenda. Both are just as bad IMHO...and say that as a registered Republican. I don't don't agree with everything my party says or does, but that doesn't mean I don't agree with the general principles it's behind. But I"m NOT a lemming to the party line.

  22. #22
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    If the site owner is in a country where they can be prosecuted under the law it makes the hosting location of the site moot.
    "Obsolesence is just a lack of imagination."

  23. #23
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    Quote Originally Posted by ArtieFishill
    The FCC has absolutely NO jurisdiction over internet content. It can only regulate media that is broadcast over the airwaves (aka Non-cable TV and non-subscription Radio). So Speaking from ignorance does not help your position.
    Before you accuse me of ignorance, you might want to buy a newspaper, turn on a TV, get a clue.

    There are politicians in America who are proposing right now that cable and satellite also be regulated by the FCC, and one of the senators from Alaska - the clearly insane one - is going to do everything in his power to make sure the internet is included in those new regulations.

    Can the government of the U.S. regulate the internet? Of course they can. Ask someone in China if internet regulation is possible.

    THe fact is, left unchecked, TV and Radio were become a pit of lowbrow crap. Every station and shock jock trying to out do the other with kindergarten humor and gutter trash entertainment....dumbing down as I put it.
    As you put it? You made that up, did you?

    I'm sure most of what passes for entertainment in the Fishill household would seem like dumbed down, gutter trash, lowbrow crap to me, but the point is, you're free to fill your eye and earholes with it. I'm not going to tell you that you can't consume whatever ridiculous conglomeration of Lawrence Welk and Rush Limbaugh turns you on. You keep that horror show to yourself and I'll keep mine to myself.

    That's how we do it in America, contrary to what Fox News might be whispering into your pillow speaker while you sleep.
    datapimp - You only get one soul, ya dig?

  24. #24
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    Quote Originally Posted by ArtieFishill
    First let's get some things correct..."Political Correctness" is a LIBERAL or LEFT-WING agenda, not a Right-Wing one.
    True.

    Quote Originally Posted by ArtieFishill
    The "Puritanical" aspect of the Right is overblown by the Liberal Media. One just needs to turn on HBO or Showtime, or Latenight TV to see that. What would it take to satisfy the left? Porn on the Cartoon Channel at 3pm?
    I'd say mostly false. But yeah, some tentacle anime on ctoon in the afternoon would do just fine

    Quote Originally Posted by ArtieFishill
    Both are just as bad IMHO...
    Agreed. I don't subscribe to party lines either. My beef isn't with the left, right, middle, or any other group per se. It's with the national "culture"; the broad direction America is taking (on both the left AND the right). With the things America (and Americans) do and don't seem to value. It's just plain sad.

    Yes, other countries have problems (I've lived overseas), but that doesn't excuse ours.

  25. #25
    Quote Originally Posted by datapimp.com
    Before you accuse me of ignorance, you might want to buy a newspaper, turn on a TV, get a clue.

    There are politicians in America who are proposing right now that cable and satellite also be regulated by the FCC, and one of the senators from Alaska - the clearly insane one - is going to do everything in his power to make sure the internet is included in those new regulations.

    Can the government of the U.S. regulate the internet? Of course they can. Ask someone in China if internet regulation is possible.

    As you put it? You made that up, did you?

    I'm sure most of what passes for entertainment in the Fishill household would seem like dumbed down, gutter trash, lowbrow crap to me, but the point is, you're free to fill your eye and earholes with it. I'm not going to tell you that you can't consume whatever ridiculous conglomeration of Lawrence Welk and Rush Limbaugh turns you on. You keep that horror show to yourself and I'll keep mine to myself.

    That's how we do it in America, contrary to what Fox News might be whispering into your pillow speaker while you sleep.

    First of all, I don't read newspapers, as most are filled with the very misconceptions you are spouting.

    Second, I don't watch Fox News or any other cable news for that matter for same reason. All propaganda.

    Second, a proposal is NOT the same as the law. Morons like that Senator propose things all the the time (ie: taxing email, etc...lol). Does not mean it will pass or even get on the floor. I could go to Congress and propose the put a statue of me on every street corner, doesn't mean it will happen..lol.

    Third, using China as a model for internet regulation is a joke. You're comparing a communist state to one with a democratic process. Might as well compare a Mac to a PC or Michael Moore to a human being. You can't use a regime where the people have no input to the laws to ours in this situation.

    As for calling me Fishill..lol..that's not my name, but I'll let that go as you obviously don't grasp the joke of "Artie Fishill" = "artificial".

    As for what I mean by dumb-down, gutter trash entertainment, turn on any reality-show, MTV, HBO latenight, Showtime anytime, etc. There's plenty of examples. This is not saying that there is no GOOD programming on these stations, just that it's getting less and less. How many "Survivor" clones do we need? How many cockroaches do we need to see ppl eat on "Fear Factor", etc.

    And just because I'm a conservative doesn't mean I'm a prude. That's the mistake that everyone makes about the Right..that we are all Bible Thumping puritans who want to stomp out fun. Believe me, I'm far from that.

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