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What happens if a website breaks the law of a country which is not the server location?

Discussion in 'Web Hosting' started by SirCommitAlot, May 8, 2013.

  1. SirCommitAlot

    SirCommitAlot Newbie

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    Hello BHW community. First of all, this forum is great, I have been reading silently for a long time and learned some useful stuff here, especially in the Making Money section.

    Now to my question: Well, the title explains itself I guess. What happened if e.g. somebody hosted a website on an Iraqi server for selling marjuana in Spain? Or (I dont find an example right now) if he hosted a website on an Iraqi server as an online shop to sell things exlusively(!!) in Spain that are illegal in Spain but legal according to Iraq's law?

    Would the server provider be forced to take the website down in these 2 cases?
     
    Last edited: May 8, 2013
  2. mego818

    mego818 Junior Member

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    It depends what the thing is that is illegal and if the server is bulletproof. If it is illegal enough, you won't be able to keep it going very long no matter where you host it. If it is just somewhat illegal, a bulletproof VPS or dedi should do you good.
     
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  3. SirCommitAlot

    SirCommitAlot Newbie

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    But even if the site got reported a few times, would the server provider care about the law being broken in another state?
     
  4. Mr Stark

    Mr Stark Regular Member

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    You won't be able to ship them if they're physical goods.
     
  5. SirCommitAlot

    SirCommitAlot Newbie

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    Me or one of my friends all over the state would deliver the goods personally. The shipping is not the problem. It's just the web hosting I'm thinking about.
     
  6. Mr Stark

    Mr Stark Regular Member

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    Be careful with that too as police might set you a trap..
     
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  7. rasmusk

    rasmusk Senior Member

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    Lol can't you just sent it postage. Stuff never gets stopped... Or I dont know if its in the US? In Europe you could just post it. Never show up personally, that would be... Stupid
     
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  8. saxgod

    saxgod Regular Member

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    no, they can't do much about it if they don't have jurisdiction in that country and if its legal in that country.

    look at tpb. they are still alive and kicking, even while sweden has been prosecuting them in request of the usa.
    in my country they are dns blocked by law though since our law has no jurisdiction in sweden. (means that all the isps overhere hijack their dns records so that when you surf to the tpb url you get a ip address back of a federal server displaying a webpage saying you are not allowed to visit this website). this is however quickly fixed by overriding the isp's dns or using google dns :p

    anyway, i think the risk is in you actually "being" in spain, having the "product" and delivering it in spain.
    So even if the hosting is "offshore", after you get some notoriety an undercover operative will order, you show up, and go to jail :)

    have fun :)
     
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  9. SirCommitAlot

    SirCommitAlot Newbie

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    The thing with the personal delivery was just a fictive thought. I forgot the "what would... if...". I'm not planning to deliver illegal goods personally, I just wanted to say that the delivery is no problem to think about.
     
  10. SirCommitAlot

    SirCommitAlot Newbie

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    So if we go back to the 1st example I mentioned in my introductory post. Do you break the law of Iraq if you sell (globally illegal) things in Spain only? The trade is forbidden in Iraq, too, but you are only trading outside of Iraq. The only thing you do in Iraq is hosting the site. Is that now illegal? ;)
     
    Last edited: May 8, 2013
  11. Zapdos

    Zapdos Power Member

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    There are two countries (and further divided municipalities of course) laws you need to abide by: the country you live in and the country the server is in. If its illegal in either then either you go to jail (your country) or your server is shutdown (your servers country.) Depending on how illegal what you're doing is the servers country may aid your country in prosecution.

    Though I would still suggest talking to a lawyer.
     
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  12. SirCommitAlot

    SirCommitAlot Newbie

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    Search for "silk road" on Google.

    How can this site be hosted on the long term without getting deleted? It seems to be only accessable via Tor, but I got no clue where it might be hosted. That confused me... Any ideas?
     
  13. Zapdos

    Zapdos Power Member

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    The silkroad is a private service on the TOR network. A TOR service is not specifically a website but rather a node so it could be anything. The reason why its been up for so long is because the entire route is encrypted and IPs are not revealed.
    The only way to find who actually hosts the service is to hack whatever it is (in this case, the website) to obtain the IP or other identifiable information.


    As for who actually hosts it, probably FreedomHosting.
     
  14. SirCommitAlot

    SirCommitAlot Newbie

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    Well, this might fit in a law forum better, but my main question was: Do I break the law of the server's country by hosting a site to break laws in another country? The activities would be illegal in the server's country either, but I'm only active in a different country and the website would state that clearly.
     
    Last edited: May 9, 2013
  15. PaulFtw

    PaulFtw Registered Member

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    Yes it does, at least when I asked it was as this. Panama etc the best way, they do not care
     
  16. Zapdos

    Zapdos Power Member

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    Hypothetically:
    You live in Canada and your website is hosted in the USA and you sell cocaine. Selling cocaine is illegal in both countries. The server in the USA will be shutdown regardless of where you live. You will be arrested in Canada regardless of where your server is hosted.

    Of course certain countries dont care about certain things. Russia and China are good for practically everything. Certain western and eastern european countries are good for potential copyright issues (ex: romania.) Just be sure to check out the countries laws and if they have any agreements with the country you reside in to see if they're more likely to cooperate with eachother.
     
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  17. twistedtrick

    twistedtrick Power Member

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    Intergalactic Police show up and shut down the server

    [​IMG]
     
  18. mainceaft

    mainceaft Regular Member

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    I tell you fact the server owner will shutdown your site any time he feel it threatening his business .Any one can report on your site to the registrar or to Server ISP etc ..and you will busted ...
    People thinks doing illegal staff on the web are easy thing to do without notice How many information and ID Tracing Hold on government's hand...
     
  19. larrydetuvi

    larrydetuvi Regular Member

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    Let's set an example.

    - Person A wants to sell "lecrap" to a certain country called "letroll" where it's ilegal.
    - If person A set up a company in a country called "lemap" where it's legal, he could sell from there, but he runs the risk of their shipments being blocked at customs or to be "bullied" by them.
    - If in "letroll", buying "lecrap" is considered ilegal too, it's buyers fault and he would pay the dishes.
    -BUT if Person A lives/is citizen of "letroll", he might face the charge of selling "lecrap" anyways.
    - if Person A doesn't live/ isn't citizen of "letroll" but a third country called "lesetup", depending on local legislation and extradition laws, person A could be sent to face charges on "letroll". This depend too much on "lesetup" legislation.
    -if Person A lives in "lemap", he should be safe, depends if extradition laws support him. If extradition laws are against him, he is fried.
    -Person A might have problems if he tries to enter to "letroll" later.

    I think this is how it works, either way, talk with a lawyer since I'm not one and this might not be accurrate.
    This is just for information / recreation purposes.
     
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