Slashdot Mirror


How Italian Police Shut Down U.S. Web Servers

gessel writes: "CNN has an article describing Italian police shutting down a U.S. hosted website deemed in Italy to be illegally blasphemous. The article goes on to describe the ramifications and U.S. efforts along the same lines."

476 comments

  1. I bet.. by Anonymous Coward · · Score: 0

    That the "illegal" website showed americans how to make spaghetti. Italians don't want that leaking out.

  2. CNN has picked up the story? by Henry+V+.009 · · Score: 1

    CNN must have read about it on Slashdot.

    Can we prosecute Italy as computer hackers? Terrorist computer hackers?

    1. Re:CNN has picked up the story? by Anonymous Coward · · Score: 1, Funny

      According to CNN:
      Many countries do not value free speech the way the United States does

      Please excuse me while I ROTFL... to think yesterday someone almost convinced me that CNN wasn't an american propaganda machine...

    2. Re:CNN has picked up the story? by Anonymous Coward · · Score: 0

      why? not left enough for you? eh comrade?

    3. Re:CNN has picked up the story? by jmorris42 · · Score: 2

      Read the story before engaging in your knee jerk anti-americanism. They do remind the reader of the US's ill advised attempt to bag us a Russian programmer.

      All told, you still have better odds of speaking your mind without ending up in jail here in the US than in most of the so called enlightened european countries. Not sure how much longer that will remain true with W and the Dems in lockstep agreement that the Constituition needs to be destroyed in order to preserve it....

      --
      Democrat delenda est
    4. Re:CNN has picked up the story? by Anonymous Coward · · Score: 0

      You obviously never been to Europe. Feel free to visit sometime, but when you're done, please get out. Nothing makes you more angry than a mob of US tourists with no respect for anybody, because they're the best country in the world

    5. Re:CNN has picked up the story? by Anonymous Coward · · Score: 0

      > Can we prosecute Italy as computer hackers?
      > Terrorist computer hackers?
      as an italian i think you should do that, and prosecute the one behind all these things ... the vatican.

    6. Re:CNN has picked up the story? by legojenn · · Score: 1

      This doesn't strike me as knee-jerk anti-americanism. The statement is quite ludicrous, and funny. It would be just as funny and ludicrous if you were talking about the United Kingdom, Germany, Japan or Australia.

      No one country has a monopoly on being more free, how people are censored kind of depends on the country. In the US, you have SLAPPs, people go to court to shut others up. I'm sure if you read the archives, you will find manyinstances.

      --
      I make a reasonable middle-class wage by going to work and not spamming blogs with scams.
  3. Not really a law issue. by captain_craptacular · · Score: 4, Informative

    Looks like some Italian cops found someones password and shut things down. It's not like they forced the U.S. based ISP's to pull the content.

    Looks like a non-story to me.

    --
    They who would give up an essential liberty for temporary security, deserve neither liberty nor security
    1. Re:Not really a law issue. by silicon_synapse · · Score: 2, Insightful

      I agree. It's also important to note that the webmaster was italian, not a US citizen. The Italian Special Police replaced images on a site run by an Italian citizen. The bits just happend to be sitting on US soil. At the worst, the US-based hosting provider could investigate the stealing of the password used to change the content just as they would any common defacer. Even that is a far stretch though.

    2. Re:Not really a law issue. by bwt · · Score: 5, Insightful

      Looks like some Italian cops found someones password and shut things down. It's not like they forced the U.S. based ISP's to pull the content.

      Is this not a crime under US law? After all, unauthorized access was used to alter the site's contents.

    3. Re:Not really a law issue. by Anonymous Coward · · Score: 2, Informative

      > Is this not a crime under US law? After all, unauthorized access was used to alter the site's contents.

      The article didn't say this, it said the cops used the suspect's computer and password. *If* the suspect gave up the password, it's not an unauthorized access.

      There may have been a tradeoff - password for reduced sentencing or some such. But you can't assume it was unauthorized just because the article didn't say it *was* authorized.

      (Yes, it would have been better had the story had that particular detail.)

    4. Re:Not really a law issue. by Moofie · · Score: 1

      Hell, it's terrorism! Quick, somebody get Tom Ridge on the phone! The Italians are coming! /me hangs two lanterns in the church bell tower

      --
      Why yes, I AM a rocket scientist!
    5. Re:Not really a law issue. by captain_craptacular · · Score: 4, Informative

      It's only a crime if they were unauthorized. My guess is he gave up the password in an attempt to cooperate with the authorities in exchange for "a kind word at sentencing"...

      Even if the access was unathorized it seems to me that the original post made it sound like the Italians somehow forced the ISP to pull protected speech off the net, which didn't happen at all. Whether some affected U.S. citizen has a case against the Italians is another matter.

      --
      They who would give up an essential liberty for temporary security, deserve neither liberty nor security
    6. Re:Not really a law issue. by GreyyGuy · · Score: 3, Interesting

      If the person is in prison, it is not a crime to limit their speach. It is done regularly. So it is still a non-issue. The person convicted of the crime might have been required to give up the ID and password for the site as part of the verdict. That would make it legally authorized access.

    7. Re:Not really a law issue. by Anonymous Coward · · Score: 0

      The Italians are coming!

      Hey, you might think it's funny now, but just take a look at their actions during WW2!

    8. Re:Not really a law issue. by Anonymous Coward · · Score: 0, Troll

      Looks like a non-story to me.

      A complete non-story.

      And nobody seems to be remembering the whole issue that set this off in the first place: hatespeech against the Blessed Mother. Even in the United States, I have a tough time seeing how this is legal; one does not have the right to yell "Fire!" in a crowded theater, and you can make the case that this is exactly what the Web site was doing, from a theological point of view.

      What kind of double standard do we set when it is illegal to post the names and addresses of abortion providers, yet perfectly legal to post the most hideous and unmentionable blasphemies from the minds of man?

    9. Re:Not really a law issue. by n9hmg · · Score: 1

      Actually, Italian law is what makes it legally authorized access. Legally, they could have forced him to do it himself, holding him in prison indefinitely, in contempt of court. He should be thankful they saved him the keystrokes.
      What I found funniest was the comment "We live in a world where we communicate worldwide and we travel worldwide," Farber said. "If I violate some Australian law and then land in Sydney, do they throw me in jail?".
      's/ I / Dmytry Skylarov /^Js/Australian/American/^Js/Sydney/Las Vegas/'
      ...If we're going to dish it out, perhaps we should be prepared also to take it?

    10. Re:Not really a law issue. by Anonymous Coward · · Score: 0

      Try actually using the correct quote in your sig dumbass.

    11. Re:Not really a law issue. by Anonymous Coward · · Score: 0

      Actions? We could not hold the african colonies, could not kick the yugoslavian back into their territories and every military campaing Mussolini started ended in a shameful defeat. Up to the point where Hitler had to send reinforcements. Then, when we were "liberated" by the allies we declared war to our former allies - the germans.

      We are better salespeople than warriors. The Roman empire is a thing of the past.

    12. Re:Not really a law issue. by Anonymous Coward · · Score: 0

      Umm, I'm an Australian citizen living & working in the Netherlands. Does this mean that when I return to Australia, I will get arrested for smoking dope while in the Netherlands? Geez, I hope not!

    13. Re:Not really a law issue. by Anonymous Coward · · Score: 0

      Yup. They were basically the French, just fighting/running on the other side.

      I'm shaking.

    14. Re:Not really a law issue. by DEBEDb · · Score: 1

      How about: Unlike the abortion providers, Blessed
      Mother cannot be harmed by this information.

      --

      Considered harmful.
    15. Re:Not really a law issue. by Wavicle · · Score: 5, Insightful

      hatespeech against the Blessed Mother

      Blessed Mother by whose opinion? Oh, that's right, by the opinion of your religion. What if other religions disagree? Oop, how dare they consider freedom of religious expression! There is only One True Church, right?

      one does not have the right to yell "Fire!" in a crowded theater,

      No, but you can write about yelling fire in a crowded theater all you want.

      and you can make the case that this is exactly what the Web site was doing, from a theological point of view.

      How does this put a group of people in a confined space in immediate peril of life and limb?

      Damned AC's. I should know better than to reply to them.

      --
      Education is a better safeguard of liberty than a standing army.
      Edward Everett (1794 - 1865)
    16. Re:Not really a law issue. by Uruk · · Score: 0

      This site was hosted in Italy - they were able to shut it down by nature of the fact that the webserver was in Italy.

      So I doubt it's a violation of US law for the Italian police to shut down a webserver that is very clearly within their jurisdiction. If you host your site in Finland, there isn't much the US can do (or wants to do) if the Finnish cops shut your machine down due to violation of Finnish laws.

      --
      -- Truth goes out the door when rumor comes innuendo. -- Groucho Marx
    17. Re:Not really a law issue. by Aloekak · · Score: 1

      Now this seems perfectly legal, what's wrong with this?

      The guy living in Italy, owns the domain name(he pays the bill atleast), pays the bill for it to be hosted, etc. If the website is located anywhere, you're still liable because you "own" it.

      If I were to be the owner/leader of a South American drug ring, but I lived in the U.S., I would still be liable for running that organization. Even if I didn't take part in any illegal action while living here, I fly down to do business, then come back.

      The guy in Italy is in control of the website, he pays for it, he manages it, he's liable for it.

    18. Re:Not really a law issue. by Anonymous Coward · · Score: 1, Insightful
      How 'bout reading the article before posting at +2, dude? It said about half a dozen times that the content was hosted in the US, but that they logged in from Italy to remove the content.

      Somebody mod this crap down.

    19. Re:Not really a law issue. by Buck2 · · Score: 2, Interesting

      Wow, you're really steeped in your beliefs there, man.

      A critical difference between the "fire" in a theater business is that the hypothesis that yelling "fire" in an enclosed, public space can lead to danger to those persons in that space is testable and repeatable.

      The spiritual damage that you propose is nonquantifiable and therefore difficult to test and/or repeat. This makes the banning of such "spiritually harmful" speech unfounded. It's no better than me saying that talking smack about Kermit the Frog is bad for the environment therefore we should ban such speech.

      And, with respect to your crack about 2 billion people possibly being right ... if you were on "the outside" of those 2 billion people why wouldn't you go along with the other 4 billion people's dissenting opinion?

      --

      As my father lik@(munch munch)... ....
    20. Re:Not really a law issue. by WildBeast · · Score: 2

      Okay so I can come to your house and make you give me your password to your bank account. See, I can legally steal from you now.

    21. Re:Not really a law issue. by gilroy · · Score: 2
      Blockquoth the poster:
      This site was hosted in Italy - they were able to shut it down by nature of the fact that the webserver was in Italy.
      Source for that? Because the CNN article says
      Police in Italy didn't care that five Web sites they deemed blasphemous and thus illegal were located in the United States, where First Amendment protections apply... Though the sites were hosted by U.S. companies, including Blue Gravity Communications Inc. of Pennsauken, New Jersey, authorities in Italy used a suspect's computer and password to reach across the ocean
      CNN might have goofed up, but it sure sounds like the servers are in the US.
    22. Re:Not really a law issue. by Anonymous Coward · · Score: 0

      But at least they were fighting ...

    23. Re:Not really a law issue. by Nutello · · Score: 5, Informative
      And nobody seems to be remembering the whole issue that set this off in the first place: hatespeech against the Blessed Mother.
      For the umpteenth time: it's not just that. Since the end of 1999, Italian law has depenalised blasphemy. And in 1995 the Italian Supreme Court ruled that cursing at the "Blessed Mother" or saints does not constitute blasphemy. Only cursing at any deity (God, Allah, Buddha, etc.) does.

      The Italian government itself actually funded in large part with a grant a highly blasphemous movie.

      Again, this is making the news only because it seems picturesque to "journalists" worldwide. If you want to know why the Italian Police bothered with the site, follow the money - i.e. tax fraud and what not, which of course is nothing new or glamourous. Alleged blasphemy alone wouldn't have been enough to trigger the operation: witness all blasphemous Italian sites still around.
    24. Re:Not really a law issue. by Ionized · · Score: 1

      so we're going to arrest italian policemen, under U.S. law? for a crime they commited while in Italy?

      um... didnt we get bent out of shape when this happened to skylarov, but now we're advocating doing it ourselves?

      welcome to slashdot, where hypocracy isn't just for breakfast anymore.

    25. Re:Not really a law issue. by Elwood+P+Dowd · · Score: 3, Insightful

      Just because someone has your ID and password doesn't make it legally authorized access. Many ISPs say that the only person authorized to use an account is the person paying the bill. The ISP is the party that gets to choose who is authorized on their system, not the end user. The Blue Mountain guy quoted in the article should put his money where his mouth is and go after the Italian cops under international anti-terrorism/hacking laws. That'd be a blast.

      --

      There are no trails. There are no trees out here.
    26. Re:Not really a law issue. by Jobe_br · · Score: 1

      Did you read the article? The site was hosted in the US (New Jersey, if I recall).

    27. Re:Not really a law issue. by grokk · · Score: 1

      On and on we go about THIS country's laws and THAT country's laws, GPL vs yadda yadda...

      The ONE option most every libertarian skirts around: getting rid of capitalism and its idiot 'laws' altogether. They are holding the whole world back, and this is being proven more and more clearly every day.

    28. Re:Not really a law issue. by mangu · · Score: 2
      so we're going to arrest italian policemen, under U.S. law? for a crime they commited while in Italy?

      If they sent a nuclear missile from Italy targeted to the US, would that be a crime? The fact is that they silenced an opinion that was being expressed in the USA, they clearly violated the First Ammendment.

      Sklyarov's case was something entirely different. He didn't commit any crime, he only sold a tool that could be used to commit a crime. Arresting Sklyarov was like arresting someone for selling a kitchen knife.

    29. Re:Not really a law issue. by Anonymous Coward · · Score: 1, Insightful

      the police are not authorized by the ISP/provider. the access is granted to that individual in Italy. only him.

    30. Re:Not really a law issue. by Anonymous Coward · · Score: 0

      You, sir, are an idiot.

    31. Re:Not really a law issue. by DaytonCIM · · Score: 1

      Yes, it may be a crime; but what court hears the case? If it's a US Court, who is charged and how do you compel them to appear?

      My opinion: if the Italian people don't want the web-sites, then Americans can object, but there's not much legal re-course. If the Italian people want the web-sites, then it is up to them (not us) to inform their law enforcement and politicans and affect change.

    32. Re:Not really a law issue. by einer · · Score: 2

      Have you ever considered the possibility that I (and nearly 2 billion other people on this planet) might be right?

      Sure, and once you prove it empirically, repeatably and reliably I'll be the first to sign the petition to have all blasphemous material burned (including me).

      Even if you do not accept the Church, surely you can agree that this web site was distasteful from a secular standpoint.

      What does taste have to do with this? Distasteful things shouldn't be allowed on the internet? WHY ARE YOU READING SLASHDOT?!

    33. Re:Not really a law issue. by Anonymous Coward · · Score: 0

      Hahaha! You're hilarious! You should take your show on the road!

    34. Re:Not really a law issue. by Darth · · Score: 1
      > one does not have the right to yell "Fire!" in a crowded theater,
      Actually, you do have the right to yell "Fire!" in a crowded theater, provided there is actually a fire.

      --
      Darth --
      Nil Mortifi, Sine Lucre
    35. Re:Not really a law issue. by Sgt+York · · Score: 2, Insightful
      I am a Christian, and IMO if someone wants to blaspheme anything about what I believe, let 'em. That's the whole idea of free speech. You can speak your mind.

      Trying to silence critics like this is not only morally wrong, it makes you look like a frightened idiot.

      Do you doubt the validity of your own beliefs so much that you have to silence those that refute it?

      --

      There is a reason for everything. Sometimes that reason just sucks.

    36. Re:Not really a law issue. by Anonymous Coward · · Score: 0

      If the Italian police cracked the password and username, then it was illegal under US law and they should be prosecuted under US law.

    37. Re:Not really a law issue. by Old+Uncle+Bill · · Score: 1

      If they sent a nuclear missile from Italy targeted to the US, would that be a crime? The fact is that they silenced an opinion that was being expressed in the USA, they clearly violated the First Ammendment.

      So does this mean as a US citizen I can post kiddie porn on foreign sites without doing anything illegal? I suspect the feds would disagree, and I suspect they would remove the content.

      --
      Yes, I am an agent of Satan, but my duties are largely ceremonial.
    38. Re:Not really a law issue. by the_Speed_Bump · · Score: 3, Interesting

      Suffering "distastefulness" is the price one pays for Freedom of Speech. And it's worth it.

      --
      "Break out the gin, and the small violin, I'm a raging success as a failure." --Firewater
    39. Re:Not really a law issue. by mangu · · Score: 2
      I assume posting kiddie porn from the USA is as illegal as posting it to the USA.

      But, if you are a USA citizen and post kiddie pron in a country where it's not illegal, if such a country exists, and both you and the server are in that country, there is not much they can do, other than trying to stop the contents from entering the USA. That is, unless they apply the same legal principle they did when they bombed Afghanistan to erase the Al Qaida...

    40. Re:Not really a law issue. by linzeal · · Score: 1

      Also contrary to popular opinion you are terrible lovers, your treachery runs deep. Everything is always a fucking conspiracy with Italians.

    41. Re:Not really a law issue. by Anonymous Coward · · Score: 0

      Is it a crime when the police tear your house apart looking for evidence? Talk to the system not us.

    42. Re:Not really a law issue. by thales · · Score: 2
      "hatespeech against the Blessed Mother"

      Hatespeach? Do you really want to go down that road? Think of how many passages in the Bible are slurs against the Gods that other people worship, describing them as false idols and demons among other things.

      Sorry if some tasteless websites should be banned because of "Hatespeach" against the Christian God (or his mother), then we have to avoid double standards by banning the Bible because of it's "Hatespeach" against non-christian Gods.

      --
      Quemadmodum gladius neminem occidit, occidentis telum est
    43. Re:Not really a law issue. by teeth · · Score: 1
      "The Web site that was shut down ought to be illegal because it presents a clear and present danger to the spiritual well-being of people."

      From my point of view a site claiming the exclusive, universal truth of $DEITY is far more dangerous than any attack on a mythical entity.

      Who cares how many goats the "virgin" Mary fucked anyway?

      PS: Does anyone have a mirror of the downed site?

      --
      >>>>truth; beauty; unix.<<<<
    44. Re:Not really a law issue. by Anonymous Coward · · Score: 1, Informative

      I know the story since I'm italian and I work with a group that's fighting against repression and censorship. http://www.ecn.org/sotto-accusa/
      The story is: police took the machine from where the uploads were done, with the password saved in the ftp client prefernces.
      Police claimed it in an official statement as "an highly techincal operation" (!) (initially they only substituted the index.html, so the site was yet fully reachable for two or three days... :DDDDD
      The problem is that the main accusation done by the police is based on a law that has been decleared anti-costitutional and illegal two years ago.
      Yes, it was definitely a case of censorship, just one of many that keep going on all over the world.

      don't be surprised at the low technique, the only things police can do (everywhere, and even not good) is to beat and to shot.

    45. Re:Not really a law issue. by jcr · · Score: 1, Troll

      And nobody seems to be remembering the whole issue that set this off in the first place: hatespeech against the Blessed Mother. Even in the United States, I have a tough time seeing how this is legal;

      Let me just put it this way, son: fuck you, fuck your church, fuck every child-raping scumbag in the vatican, and fuck the "blessed mother" who stands as the symbol of your twisted cult's vicious misogyny.

      Can't you see how utterly depraved it is to worship a VIRGIN MOTHER? To be so utterly anti-life, that you deny sex as the source of human life? To be so utterly anti-logic that you insist that your moronic followers have to accept that your messianic claimaint must have been born to a woman who was too much of a tight-ass to even FUCK her HUSBAND?

      You want to bitch about hate speech, how about your cult's hatred of the human race?

      Now, fuck off and die.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    46. Re:Not really a law issue. by grung0r · · Score: 1
      "If you trade freedom for security, you'll get neither." - Benjamin Franklin

      That's the most botched version of that oft quoted quote I've seen yet. Your version makes it sound like either a dictate or a prediction, when in fact it is neither. The quote is, " Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety". I realize this post is off topic, but I don't care. That quote is very relevant to our current political situation, and to see people mangling it, or throwing it around at the slightest opportunity in some failed attempt to show how bright they are really pisses me off.

    47. Re:Not really a law issue. by Old+Uncle+Bill · · Score: 1

      But that was not the case here. The citizen lived in a country where posting the material was illegal.

      --
      Yes, I am an agent of Satan, but my duties are largely ceremonial.
    48. Re:Not really a law issue. by Anonymous Coward · · Score: 0

      The Web site that was shut down ought to be illegal because it presents a clear and present danger to the spiritual well-being of people.

      So, what you're saying is that Xians are so helpless and ignorant that they couldn't look at a pornographic site without eternally corrupting their souls? That somehow the church and the police must step in to prevent these poor, innocent, and above all, stupid xians accidentally looking at something and instantly turning into Satan worshippers?

      If I was a xian, I'd be 100% offended by your ridiculous viewpoint. Some pictures on a web page do not a religious crisis make.

    49. Re:Not really a law issue. by Anonymous Coward · · Score: 0

      If you were an American you probably would...

    50. Re:Not really a law issue. by Jaysyn · · Score: 1

      So could you run around screaming "NO FIRE!!" or not?

      Jaysyn

      --
      There is a war going on for your mind.
    51. Re:Not really a law issue. by Anonymous Coward · · Score: 0

      God, I wish I hadn't burned all my mod points up yesterday, that's the funniest thing I've read all day.

    52. Re:Not really a law issue. by cookd · · Score: 1

      You missed something: Nobody can prove *anything*.

      When was the last time you saw an electron? How do you *know* that the Holocaust isn't something made up by the Jews and snuck into our history books? How do you even know that your body really exists (a la Matrix), or that reality doesn't really go away when you close your eyes?

      The answer is that you really can't *prove* anything. The best you can do is convince somebody else beyond a reasonable doubt. You provide good arguments and explanations, perhaps use the information to infer additional conclusions (predictions) that can be verified, etc.

      I'm a bit fed up with people trying to be so "rational" by rejecting all forms of religion but accepting whatever popular fad of the day blows by.

      I respect people's right to not be religious if they choose to accept the arguments against religion and reject the arguments for religion. But before you ask anyone to prove the existence of God/afterlife/the easter bunny, before rejecting an opinion because it is held by a religious person, please provide an incontrovertible proof that Columbus is not a made-up figure from history.

      (Sorry about the ranting. And please don't burn all the "blasphemous" stuff, 'cuz then we're just as bad as all the anti-religious people.)

      --
      Time flies like an arrow. Fruit flies like a banana.
    53. Re:Not really a law issue. by Anonymous Coward · · Score: 0

      Who is this X that she or he has so many followers?

    54. Re:Not really a law issue. by thogard · · Score: 1

      Don't be so hard on the Savior on a Stick people after all they are just sheep looking for a shepherd.

      They got the whole virgin birth savor thing from Egypt. Osiris even did the whole resurrection thing but its not clear if he pulled it off by the 3rd day. It might have taken him many more.

      Remember that the Jews about 0BC had some very strange beliefs about blood and sick people so their society would have made an outcast of just about anyone that could be in the health profession. The dead sea scrolls talk about a few groups that spent time in Egypt learning things like cures and stuff and they might have come back with much different views about just how dangerous blood is. About the only place in the modern world at the time that had ritual involving eating the body of the god or drinking the god's blood were in Egypt. Eucharist anyone?

      As far as the raping little boys goes, it was common in many parts of the world as it was spread via the Greeks during their expansion and it was part of acient greek culture at the time and the Romans seemd to think it was a good idea and spread it even more. Does anyone know why the bits of the Dead sea scrolls that talk about this subject haven't been released by the vatican?

      Since the Book of the Dead can only be copied by the proper people according to the law of many Pharos and that had explicit times (kind of like the Disney (c) extentions), is the catholic church in violation of copyright law? Maybe Egypt could sue in the world court and get some of its stuff back.

    55. Re:Not really a law issue. by stygar · · Score: 1

      Can you honestly defend pronographic pictures on Mary as "religious freedom"? As I've understood it, religious freedom is about the right to practice your own beliefs without interference. I really can't see how an image can be defended as "religious freedom" when it's only intent is to offend believers of another faith, rather than for promoting your own faith. It's interesting to see how almost any slur or insult directed towards a christian church is deemed acceptable by some people, when a similarly derogatory remark about hindus, muslims, jews, or buddhists would likely be labelled "hate speech".

    56. Re:Not really a law issue. by Anonymous Coward · · Score: 0

      > Okay so I can come to your house and make you give me your password to your bank account. See, I can legally steal from you now.

      Reread my post, please -

      "There may have been a tradeoff - password for reduced sentencing or some such."

      You have any evidence that the Ital police forced the guy's password, that he didn't make a deal or that they didn't find it taped under the keyboard or some such, or do you just like conspiracy theories above facts?..

    57. Re:Not really a law issue. by WildBeast · · Score: 2

      That's ridiculous.

      Okay so I could've done some tradeoff to. You can give me your password right away or I can shoot you.

      It's stupid, since when weren't we entitled to our own opinions? Free speach is just common sense

    58. Re:Not really a law issue. by Wavicle · · Score: 2

      I like how I never said "religious freedom", yet you quote it and refer to it three times.

      I said freedom of *religious expression*. You might be suprised to find that most non-catholics do not find this dangerously blasphemous. Maybe the people who put it up were doing so as a way to practice their religious belief that Mary should not be an exception to the 2nd commandment.

      And in case you are wondering... art has a long history of being composed of things which shock and offend... but is still art. It has also taught us that tolerance is important since offense is so very subjective a thing.

      --
      Education is a better safeguard of liberty than a standing army.
      Edward Everett (1794 - 1865)
    59. Re:Not really a law issue. by geekee · · Score: 1

      Last I heard, hacking was illegal. What the Italian police did was a clear case of hacking against a US site, assuming they didn't have the Italian citizen's permission.

      --
      Vote for Pedro
    60. Re:Not really a law issue. by Anonymous Coward · · Score: 0
      Is this not a crime under US law? After all, unauthorized access was used to alter the site's contents.

      The joy of international law I suppose. Anyone thinking something along the lines of

      These Italians oughtn't have justice in America
      just stop a bit and think again. Your American judges think they have juristiction in places like Norway (DeCSS anyone). Is this fair?

      It seems that America always wants its way and its idea of justice and values, some of which like the DMCA and software patents are quite dodgy, to apply to other countries, but doesn't like other countries' values applying to it.

    61. Re:Not really a law issue. by CProgrammer98 · · Score: 2

      >>The ISP is the party that gets to choose who is authorized on their system, not the end user.

      Not so. Government agencies can access your account. Here in the UK at least, they need a court order, but they CAN do it legally.

      --
      And the people shall be oppressed, every one by another, and every one by his neighbour Isaiah 3:5
    62. Re:Not really a law issue. by CProgrammer98 · · Score: 2

      The difference is, this was a Government Agency. The have the power to do that. You don't as a private citizen, but they do...
      In the UK, there's some very very scary legislation being proposed, even more dracionian than the scary RIP act which would give even more agencies such as the tax office, powers to access your internet traffic WITHOUT even a court order.

      Be afraid, be very afraid.

      --
      And the people shall be oppressed, every one by another, and every one by his neighbour Isaiah 3:5
    63. Re:Not really a law issue. by some+damn+guy · · Score: 1

      If this is true then the Italian Government has commited Cybercrime But Wait... Cybercrime is Terrorism! and... If they are committing a Kind of Terrorism then they clearly support Terror, right? so, really, we have no choice but to consider them an enemy in our great struggle against terror which means... Whoo-Hoo! War on Italy!! Sorry guys- we just have no choice. With us or against us, you know how it goes... Fortunately we found lots of Ex-Italian-parliment menbers who were more then happy to show us where they're all hiding. Send the AC-130's! Oh wait... we were supposed to not fall for that again...

    64. Re:Not really a law issue. by SpaceJunkie · · Score: 1

      Maybe its time world ISP's(and UK ones) set up a firewall preventing access from Italian based ISPs and agencies- number one so Italian Citizens cannot violate Italys laws, and number two so their law agencies cannot touch the rest of the internet... A situation not unlike other countries.

      I will certainly be firewalling my box in this way. Tough luck Italians - you screwed up- you dont get access to my site. Its worth noting that most of the Middle East should be treated like this as well - I dont want some fundamentalist nut closing down my robot site - okay its only robots no pron- but you never know. And yes - I count the Italians as much as the Saudi's when I say Fundamentalist nut. Maybe my genetic algoryhtm discussions will violate some narrow-minded vatican anti-darwin beleifs.

      Sigh... Sometimes I can really hate religeon(as a concept).

      --
      OrionRobots.co.uk - Robots From sol
    65. Re:Not really a law issue. by einer · · Score: 2

      I'm sorry. This will sound rude, but that's never stopped me before...

      Nobody can prove *anything*.

      That's your argument? Since you can't dispute my argument logically, you're throwing all argument out the window by saying that nothing can be proven? That's silly. But, I guess it doesn't matter, as that can't be proven.

      Wait, what if you can't prove that nothing can be proven, does that mean that it's possible that something can be proven? I hope not, as that would negate your argument entirely. So, hurry up, prove that nothing can be proven (and prove me right), or prove that something, anything, can be proven (and you've proven me right).

    66. Re:Not really a law issue. by Hrothgar+The+Great · · Score: 2, Informative

      Hate speech is protected by the First Amendment, at least here in the U.S. So what's your point?

    67. Re:Not really a law issue. by grokk · · Score: 1

      Another sneering -- yet completely evasive -- non-reply. I am so humbled.

    68. Re:Not really a law issue. by japhmi · · Score: 1
      If I hide all my illegally gotten money in off-shore accounts, the US government can still come and take that money away, even if what I did was legal there, etc. In this example, they are confiscating the property of an US Citizen, which is legal for the US government to do under our laws. The Italians are confiscating the property (web site) of an Italian citizen under Italian law -- From Italy.

      Two things should be learned from this. One, the Sklyarov case was in the wrong, the US should have never arrested him. Two, hiding illegal activities by moving the 'base of operations' to another country isn't a legal 'out' (even if people from the US or anywhere else don't think it should be illegal, that is for the people of Italy to deal with, not anyone else.

      Oh, and if Italy launched a nuclear missle at the US, it wouldn't be a crime, it would be an act of war (and incredibly stupid)

      --
      "Giving money and power to government is like giving whiskey and car keys to teenage boys" P. J. O'Rourke
    69. Re:Not really a law issue. by ThereIsNoSporkNeo · · Score: 1

      If one bites at a troll... does one contract trollness?

      Your suggestion, of course, is nonsense. If it weren't for "idiot laws", as you so elequently put it, I would be allowed to come over to your house with a chainsaw and hack you into small pieces for your stupidity. Not that you wouldn't deserve it.

      Capitalism is built on greed, and seeing as how nearly every person has that particular trait, it has proven an excellent system for maintenance of society.

      --
      With my dying breath, I curse Zoidberg!
    70. Re:Not really a law issue. by japhmi · · Score: 1
      Once could argue that the statement "Nobody can prove anything" is an axiom - which is true but is such a fundamental starting point that it cannot be proven, only dialectically shown to be unable to be refuted (which is what the poster was doing - using a dialectical method to show it to be true, not a proof).

      Personally, I wouldn't say that "Nothing can be proven" if I was the poster, but I would add conditions like "nothing can be proven to be or not to be outside the person"

      --
      "Giving money and power to government is like giving whiskey and car keys to teenage boys" P. J. O'Rourke
    71. Re:Not really a law issue. by Elwood+P+Dowd · · Score: 2

      Right. So if they got a court order from a judge in the state that the computers resided in, the Italian cops would be fine. I don't understand what is so complicated about this.

      --

      There are no trails. There are no trees out here.
    72. Re:Not really a law issue. by geronimo87 · · Score: 1

      The last time I saw an electron? About 1970, on the Monsanto ride at Disneyland. Man, I miss that ride.

    73. Re:Not really a law issue. by Anonymous Coward · · Score: 0

      > Okay so I could've done some tradeoff to. You can give me your password right away or I can shoot you.

      Again, can you provide any links that support your analogy, that the Italian policed forced the guy, via torture or extortion, to give up his password?

      > It's stupid, since when weren't we entitled to our own opinions? Free speach is just common sense

      I agree about free speech, I think it should be a right everywhere and not just under U.S. law. Unfortunately, we're discussing Italian law, so the rules are different. What we'd like to be commonplace, isn't.

    74. Re:Not really a law issue. by Mikeytsi · · Score: 1

      one does not have the right to yell "Fire!" in a crowded theater,....

      Okay, let's pick this apart again. Yelling "fire" in a theatre isn't a RIGHTS issue. When you're in a movie theatre, you are on PRIVATE PROPERTY. When you're on private property, you are expected to follow the rules and regulations set forth by those that own that property.

      So let's reiterate, bad argument.

      As for "hatespeech against the blessed mother", fuck you. People like you are the reason freedom of speech is FIRST on the bill of rights. In the US, I have the right to say "the Virgin Mary is a whore" if I choose to. I could also say that Hitler was right, and blacks should still be slaves. Whether or not you happen to agree is irrelevant, in the US, I still have the right to SAY it.

      And for your last point, if I recall correctly, it was deemed legal for the website you mentioned, (it is a website, it lists names and addresses of abortion providers, and gleefully "crosses" them out when the person is killed), to exist, and it's still out there.

      I know this is going to sound like a broken record, but do try to be educated if you're going to post. Otherwise, just post as an AC and talk about your poop's odor or something.

      --
      I've been called a "Fucking Dick" by better people than you.
    75. Re:Not really a law issue. by No+One · · Score: 1

      If I hide all my illegally gotten money in off-shore accounts, the US government can still come and take that money away, even if what I did was legal there, etc.

      Yeah, but they can't send an infiltration team to break into the bank and clean out your accounts. The point is that the method used by the Italian police to remove the content may well be illegal in the place it was committed. For that matter, it may well be illegal under international law.

      The police had the (legal, not moral) right to remove the content from the US webservers. However, they must do so in a manner that obeys the law. They may well not have done so.

      --

      There is no sin except stupidity -- Oscar Wilde
    76. Re:Not really a law issue. by cookd · · Score: 1
      Good call on the paradox -- I like it.

      I'm just saying that just because nobody can prove to you that God/afterlife/Elvis exists doesn't mean it is false. And neither does it mean that their opinion is unreasonable (which is an attitude that I sensed a little bit in your postings). It means that at least one of two conditions exists:
      • They have been exposed to more/better evidence than you, or
      • They have chosen differently about what evidence to accept and what evidence to reject.
      Personally, I have had enough experiences and been exposed to enough acceptable evidence that I strongly believe in God and an afterlife. In your case, it appears that you haven't, or that you have been exposed to evidence to the contrary. That's all well and good, but please don't disparage those whose opinions differ from yours. Opinions that are different from yours don't always mean that the other person doesn't think every bit as rationally as you do.
      --
      Time flies like an arrow. Fruit flies like a banana.
    77. Re:Not really a law issue. by BollocksToThis · · Score: 1

      Geeze, do I really have to go look up the link that explains Xian is merely a shortened version of Christian?

      No, I didn't think so.

      --
      This sig is part of your complete breakfast.
    78. Re:Not really a law issue. by Anonymous Coward · · Score: 0

      IT's not blue mountain. It's blue gravity. The owner is a slimeball. Most of his sites are porn based anyhow. Don't beleive me? Checkout network solutions.

  4. land of free speech... by Anonymous Coward · · Score: 0

    ... so long as important trading partners don't object. Such is the way of the world.

  5. ... and? by juuri · · Score: 3, Interesting

    If the content was created in one country and hosted in another country which laws should apply?

    I bet if you were to ask an American they would say their laws should apply no matter where the content is housed as long as they created it. So what is so different about the Italian authorities believing the same? Just because you can do things outside of the normal laws of your respective homeland doesn't suddenly give you freedom from prosecution for breaking them.

    I don't agree with the laws in question here but that isn't for me to decide, it is for the local people, in this case the Italians to decide to change the laws or allow them to stay as they currently are.

    --
    --- I do not moderate.
    1. Re:... and? by Maniakes · · Score: 1

      If the content was created in one country and hosted in another country which laws should apply?

      If it's an American company making content in American and hosting it in France for a French audience, most slashdotters seem to feel that American laws should apply.

      And if it's an Italian making content in Italy for an Italian audience on a site hosted in the US, guess whose laws we think should apply?

      Or consider another case. If an American company make an online gambling website, markets it to Americans, but hosts it in the Cayman Islands, whose laws should apply?

      These things are rarely as simple as they seem at first glance.

      --
      A legparnasom tele van angolnaval.
    2. Re:... and? by Anonymous Coward · · Score: 0

      you damn well bet it does....

      if it wasnt for the USA you're arses would be speaking german right now.

      so bow down and thank us... I seem to remember that italy was as willi9ng to roll over and play dead like the french during WWII

    3. Re:... and? by curunir · · Score: 2

      If it's an American company making content in American and hosting it in France for a French audience, most slashdotters seem to feel that American laws should apply.

      I really don't think that's the case. I would guess that most people here would feel that the only laws that apply to a webserver are those of the country in which the webserver resides. It's kinda the principal behind Sealand.

      However, the reason that most people here will likely not have a problem with what the Italian police did is because they did it in Italy. The Italians are free to make/enforce whatever laws they choose with regard to using someone else's password. If they choose to allow police to use the password of one of their citizens, more power to them. This might be objectionable to /.ers living in Italy, but the rest of us have no reason to care.

      --
      "Don't blame me, I voted for Kodos!"
    4. Re:... and? by inkswamp · · Score: 5, Insightful
      I bet if you were to ask an American they would say

      [...blah blah...]

      I love how non-Americans can get away with starting sentences like this about Americans and effectively generalize about 250+ million people, and yet if an American says something like that about Europeans or any other group we're accused of being ill-informed Ameri-centric assholes.

      Curious and annoying double-standard.

      --
      --Rick "If it isn't broken, take it apart and find out why."
    5. Re:... and? by grylnsmn · · Score: 2, Insightful

      If the content was created in one country and hosted in another country which laws should apply?

      If you make the decision to host your content in another country, then you should abide by the laws of that country. If I decided to write a parody and host it in North Korea (where it is illegal) I should be prepared to face the consequences.

      Let me provide a counter example: Should China ba allowed to shut down a site in the U.S. because it was written by a Chinese political dissident? No. They can prosecute those who read the material within their jurisdiction, but they should have no authority over content in other countries.

    6. Re:... and? by bogado · · Score: 2

      The individual who created the site could be procecuted, but the italian police have no right to change the site. This is my opinion.

      --
      []'s Victor Bogado da Silva Lins

      ^[:wq

    7. Re:... and? by silicon_synapse · · Score: 1

      I'm an American, and I believe any given piece of content should fall under the laws of the creator's residence as well as those of the hosting providers residence. It is the creator's responsibility to ensure he is in compliance with applicable laws.

      If he breaks the laws of his own country, he is subject to whatever punishment his government deams necesary. If he breaks the laws of the hosting counry, his site should be subject to removal, but he should not need to fear personal punishment. If the audience resides in another country, it is that country's perogative to block the site if they disapprove, but they should have no right to remove the content or punish the creator personally.

    8. Re:... and? by Anonymous Coward · · Score: 0

      And if it wasn't for the French, your arses would be speaking English properly and singing "God Save the Queen" rather than reciting the pledge of allegiance and singing the star spangled banner.

    9. Re:... and? by Anonymous Coward · · Score: 0

      only to have us americans bail the frogs out again

    10. Re:... and? by realdpk · · Score: 2

      I'd love to see what would happen if an American friend of this guy logged in and fixed his site, and then changed the password to something none of them know.

      Thereby negating any possible gains the Italian police achieved.

    11. Re:... and? by jtdubs · · Score: 5, Insightful

      But true in a lot of cases.

      American's are, in general, Ameri-centric assholes.

      I should know. I live here. I have since birth.

      We believe atleast as strongly, if not more strongly than most nations, that our ways are the correct ones and we have the right to make others live by those same beliefs. Whatever we want is good. Whatever opposes us is bad.

      Unfortunately, we also have the muscle to back up these stupid claims.

      Justin Dubs

    12. Re:... and? by _Sprocket_ · · Score: 5, Insightful

      If it's an American company making content in American and hosting it in France for a French audience, most slashdotters seem to feel that American laws should apply.
      I'm guessing you are referring to the Yahoo case here. I might misunderstand the issue - but the way I remember it, the French government wanted Nazi items removed from Yahoo's US sites. The French claimed jurisdiction since Yahoo has a French site and has offices in France. The kicker is that the content in question was specific to Yahoo's US servers and, arguably, US audience and were not illegal in the US. In summery - an American company with American content on American servers for an American audience. And French legal action.

      Or consider another case. If an American company make an online gambling website, markets it to Americans, but hosts it in the Cayman Islands, whose laws should apply?
      Now THIS is an excellent point. The idealistic freedom of the Internet runs in to one ugly physical world fact - possession is 9/10s of the law. Content is only as free as the laws of the country where its server is located allow it to be - assuming it doesn't begin to play whack-a-mole and jump around locations. This is why data havens are so intriguing (and why Sealand gets casinos as a major customer). And it highlights just why governments get so bent out of shape over the Internet. Its hard to control what you can't put your hands on.

      The answer to world government problems, of course, is the ability to get a friendly government to lend you a hand in nabbing that annoying server. And this is where the real problems of jurisdiction, laws, and citizen rights begin.
    13. Re:... and? by Q+Who · · Score: 1

      I love how non-Americans

      [...blah blah...]

      I love how non-non-Americans can, uh, uhm, never mind!

    14. Re:... and? by Ubergrendle · · Score: 2

      You missed the point. The question was about foreign jurisdiction was between American and Italian law. The question posed was role-reversal, Americans circumventing Italian law. Your point would be more valid if this was a France - Canada argument and someone jumped in with an opinion of Americans.

      --
      John Maynard Keynes: "When the facts change, I change my mind. What do you do?"
    15. Re:... and? by cHiphead · · Score: 0

      "how about, i give you the finger, and you give me my phone call?"

      welcome to the world gestapo, folks. italian laws can kiss my american ass, and american laws can kiss your italian ass. I pay taxes to (and have so-called representation in) the United States, not Italy, therefore, Italy's laws do not and SHOULD NOT apply to me, and vice versa.

      Have a nice day,
      your friendly neighborhood kult member.

      --

      This is my sig. There are many like it, but this one is mine.
    16. Re:... and? by pfankus · · Score: 1

      We believe atleast as strongly, if not more strongly than most nations, that our ways are the correct ones and we have the right to make others live by those same beliefs.

      ....and although I agree with you on most accounts, you can't argue that free speech isn't worth fighting for. That, by in large, is correct and as ameri-centric as it is, should be imposed on the rest of the world. Plain and simple.

    17. Re:... and? by macdaddy357 · · Score: 1

      Don't give the French credit where none is due. Your insignificant island nation never could have held on to us. We are the reason the sun has set on the British Empire. By the way, when are you going to give the Falkland Islands back to Argentina, you imperialist dogs?

      --
      How ya like dat?
    18. Re:... and? by unicron · · Score: 2

      I think the most accurate line I've heard concerning our status is a world power is "America may not be perfect, but it's better than any other country is existence."

      I love guys like you. Completely removed from the world and bitching about the evil ways of your country. I would love for you to see how some people live and them come back and we'll see if you still have problems with the way we run things.

      Before you decide to save the earth from your country, try cleaning out the half-truths and misconceptions that swim around wildly in your head.

      --
      Finally, math books without any of that base 6 crap in them.
    19. Re:... and? by Anonymous Coward · · Score: 0

      Think what would happen if the guys had been americans hosting a pro Al-Qaeda site on an Italian server. Perhaps the site wouldn't have been removed (thought I doubt it would have been allowed to endure), but they would be transported to Guantanamo Bay and be stripped of their rights altogether... talk about unrighteous indignation...

    20. Re:... and? by bitrott · · Score: 1

      You're generalizing. I doubt that you even KNOW enough people to constitute an effective cross section of the American people. Ill-informed bias is is still ill-informed, no matter how 'witty' or 'insightful' you think you're being. Every man, woman, child, group, country, or state acts out of self-interest. If you think otherwise, you're grossly mistaken.

    21. Re:... and? by Neuronerd · · Score: 1

      Interesting... Italy has better coffee, switzerland is more democratic, france has better food, europe in general has more quality time spend with family and friends. Where do you infer the "better than..." statement from? Spending most of my time abroad I can tell you that many systems, including the Italian, feature a set of agreeable rules. And I guess you are aware that the right of free speech and the right of not being overly annoyed are always tradeoff. Also in America... so... bettern than?

      --
      Googlefight "Slashdot Troll" against "BSD is dying" 303:229. BSD thus cant die.
    22. Re:... and? by Anonymous Coward · · Score: 0

      I suppose you think it's ok to call a black person "niga" just cause they address themselves that way.

    23. Re:... and? by Dexx · · Score: 1

      Should the US be allowed to shut down a site in China because it was written by an American political dissident?

      --
      Feel the fear and do it anyway.
    24. Re:... and? by Obfuscant · · Score: 1
      You're generalizing. I doubt that you even KNOW enough people to constitute an effective cross section of the American people.

      That's right. There's 170 million Brazillians who don't appreciate your gross generalizations about "Americans".

      Or maybe you skipped class the day they covered the western hemisphere, which contains North, Central, and South America, all of which are part of the "Americas" and all of which contain Americans.

    25. Re:... and? by noproblema · · Score: 1

      I love how many Americans think that the world people is divided in Ameriacans and non-Americans.

    26. Re:... and? by sielwolf · · Score: 2, Flamebait

      But true in a lot of cases.

      What so if I can find several unemployed black men who's only life thrill is to commit crime I can then say that the stereotype of the criminal black man is true? This is not an argument.

      Stating a belief as a declaration does not an argument make

      I should know. I live here. I have since birth.

      Ok and? This makes you an authority of national sociology or psychology? Maybe you've lived your entire life up in the Aryan Nation compound in Coeur d'Alene? Or in a igloo in Nome, Alaska? How do you know this then? Racial memory?

      We believe...claims.

      You then make a general statement that completely contradicts your first statement by going from an unspecified amount to a specified one. The usage of "we" implies "all Americans" when you in fact mean "what I believe most Americans think".

      To speak one nation's wrongs and not other implies that all other nations are without guilt. I don't see you jumping to arms over France denying Ebay the ability to sell Nazi memorabilia or Germany fighting the Church of Scientology.

      No. You don't like American policy. Fine. But you provide no constructive argument and instead make inflammatory comments that do nothing but complicate the issue.

      I guess in your perfect world we could only exercise Freedoms that you approve of.

      --
      What is music when you despise all sound?
    27. Re:... and? by Sebastopol · · Score: 2

      I can't infer which side you are taking in your post: your statements work in both directions.

      All I have to say to people (like Jack) who claim "This is the best darned country on earth":

      When's the last time you lived in all 200+ countries to make such a claim?

      --
      https://www.accountkiller.com/removal-requested
    28. Re:... and? by Anonymous Coward · · Score: 0

      Yeah, and for those that don't know/never been here, Americans vary in personallity & beliefs as much as any other large group of people in your home country would. Except most of us are fat & stupid.

    29. Re:... and? by Cryptosporidium · · Score: 1

      That's just nitpicking. Let's look at the facts, most individuals realize that when one refers to "America" or "Americans" in the context of a noun representing a nation of people, they are referring to the United States of America. There is the chance that the speaker may be referring to the Americans of North, Central, and/or South America, but that is usually evident due to the context or an explicit explanation by the speaker.

      Likewise, when I talk about the parent poster, I am not referring to a childhood planning placard, but the person who made the post to which this post is a child. Context removes the need for a specific explication of a commonly accepted meaning of word.

    30. Re:... and? by Albhar · · Score: 1

      If we ever needed an evidence that some US citizens are Ameri-centric assholes, we do not need to look any futher. Who are you to say that you have the definition of free speech and that you are entitled to impose it to the rest of the world?

      Do you really believe that one can say whatever he wants in the US? If so, please grow up man!

    31. Re:... and? by Anonymous Coward · · Score: 0

      It's not that we're Ameri-centric, it's that we generally don't give a shit anymore what happens to anything outside our own skin...

    32. Re:... and? by mangu · · Score: 2
      it is that country's perogative to block the site if they disapprove, but they should have no right to remove the content or punish the creator personally.

      I would take an issue to that last part. They may have the right to punish the creator, for instance, under libel laws. Suppose you, as an American living in the USA, sent a letter to the London Times asserting that George W. Bush has sexual intercourse with his own mother, and that letter got published. Assuming that (1) the fact was not true, and (2) some people believed it to be true and not a joke, wouldn't you be liable to be sued under libel laws?

    33. Re:... and? by bitrott · · Score: 1

      Wow. Nitpicking is an understatement. That's just flat out insipid.

    34. Re:... and? by Albhar · · Score: 1

      This is your opinion and you are entitled to have it but if i understand it correctly it means that if i write some insanity on the wall of your house i could (and should) be prosecuted but you have no right to clean them...

    35. Re:... and? by mangu · · Score: 2
      This is why data havens are so intriguing (and why Sealand gets casinos as a major customer).

      Imagine the following: a casino is built right over the California-Nevada state border. Gambling is legal in Nevada, but not in California, so the casino is built in such a way that the customers may be standing on the California side, but all the tables and gambling machines are on the Nevada side of the border. The California police might arrest the customers for gambling, but they couldn't do anything about what's going on the Nevada side. One could say the same principle applies to on-line gambling. Governments where gambling is illegal might arrest people who use on-line casinos, but they wouldn't be able to do anything about the casino servers.

      Unfortunately, real life does not follow such clear logic. But, if the internet can be used to reduce the totally disproportional amount of power that governments have assigned to themselves, god bless the internet!

    36. Re:... and? by silicon_synapse · · Score: 1

      I don't know what the situation is in reality, but in my mind the London Times would be responsible for whatever they publish. If the writer of the letter is not a resident of the country enforcing the law, he shouldn't be subject to it. Only if the US considers writing the letter illegal should he come under any personal punishment. If a disgruntled Canadian sends a mail bomb into the USA and kills someone, we can't march in and execute him. What we can do is try to prevent the mail bomb from entering the USA to begin with, and we must rely on the cooperation of Canada if we want to extradite him. He would be subject to his own country's (Canada) polocies of extradition which could make him subject to USA laws in addition to his own country's laws. It's all so black and white in my head. Luckily I don't have to implement any of this.

    37. Re:... and? by bitrott · · Score: 1

      Brilliant argument though. Here the post I was replying to had NO qualms about refering to 'Americans' in the purely North American, American sense, but suddenly, no, while that pretense is acceptable for him, it's not for me. Sloppy thinking there. BTW. Generalizations about American arrogance are STALE. They're BORING and you're showing a total lack of wit in plumbing these already tepid waters.

    38. Re:... and? by mangu · · Score: 2
      Yes, but my point is that you would be commiting a crime in the USA, whose effect would take place somewhere else. That is, you are in the USA, writing a libelous letter which will be published outside of the USA. Are you liable to be prosecuted under US libel laws?

      Another convoluted example: your company in Cleveland generates some toxic by-product, whose release is illegal in the USA, but not in Canada. You build a pipeline under the border and dump it on the other side of lake Erie. The pollution is dissolved in the water and gets washed to the American side. Are you liable under US environmental laws?

    39. Re:... and? by Anonymous Coward · · Score: 0

      Haha! You said "Ameriacans". Idiot.

      What is wrong with dividing people up like that? You could also say Italians and non-Italians. Its all relevant.

    40. Re:... and? by crossconnects · · Score: 0
      Nitpicking is right. That's why Central and South Americans refer to the people of the United States as americanos.

      Stupidest argument i've heard in a while, and I read Slashdot!

      --
      no big sig
    41. Re:... and? by bitrott · · Score: 1

      I don't think he's proposing that the American model of free speech is the best, or even that it would/should be acceptable in all cultures. But free speech IS a basic human right. The broadest definitions of free speech SHOULD be a given right of every human. I don't think he's far off in saying that it is something worth fighting for. BTW, you're not Ameri-centric, OR an asshole for believing in basic human rights. He might not have been explicit about what model (at least not enough for you, ya yammering prig), but he's on the right track.

    42. Re:... and? by jasonisgodzilla · · Score: 0

      And other countries don't. I see Arab nations killing and suicide bombing everyone who is not Arab. And you dont think the condescending French and Italians are the same. The only difference is that the US has the muscle to back up its mouth, whereas the EU jsut whine and complain. We live in the best country in the world. We have the most liberties and the highest standard of living. I dont think its out of line for us to preserve our standard of living, even if it is at the expense of others. Self preservation is the overriding instinct. Dont think that France or Kuwait or any other country wouldnt do the same thing. America just catches the most flack because we are the current king of the mountain so to speak.

    43. Re:... and? by GlassUser · · Score: 2

      Your post leads to an interesting avenue of thought. Assume you live in a state where gambling is illegal. Say you withdraw money from your bank account, drive to nevada, and gamble. Upon your return, can your state police arrest you for illegal gambling?

    44. Re:... and? by jcr · · Score: 2

      They may have the right to punish the creator, for instance, under libel laws.

      How exactly can one "libel" a mythological figure?

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    45. Re:... and? by silicon_synapse · · Score: 1

      Situation 1: Yes, you'd be liable to be prosecuted under US libel laws.

      Situation 2: I figure the portion of the pipeline in Canada would establish a presense and you could be prosecuted under candian law applying to release of toxic substances and/or importing toxic material. You could also be held under US export laws for toxic materials. I really don't think the US should be able to prosecute for releasing the materials into the environment unless that's some kind of stipulation in an export agreement or something. The US government at best could impose sanctions on Canada until they see our point of view and toughen up the applicable laws.

    46. Re:... and? by jtdubs · · Score: 1, Offtopic

      And yet my comment is modded up to 4 currently, and yours is not. I have won this battle over karma on this, the most ignorant website in existance. w00t.

      Note: Nothing I say or do on this site in any way endorses my own opinions nor those of anyone else. I speak only out of the love of the sick game that is slashdot.

      Arrrr matey. Bitten by a troll are we? Yarrrr...

      Justin Dubs

    47. Re:... and? by Obfuscant · · Score: 1
      ... but suddenly, no, while that pretense is acceptable for him, it's not for me.

      Who said it was acceptable for anyone? I certainly didn't. And what makes you think this is a sudden thing?

      Do you want me to reply to EVERY person who exhibits a misunderstanding of the term "American" in this thread, or do you think maybe they can all get the point if they see it just once?

      And no, for those Americans who are being slandered by the references to "American arrogance", it is not nitpicking. It is simple courtesy to not include them in your insults.

      ... the purely North American, American sense,

      Wow, even after having your mistake pointed out to you, you continue. There is no "purely North American, American" sense. There are Canadians (who are also Americans), Mexicans (who are also Americans), and US citizens (who are also Americans) in North America. There are French-Canadians (who are still Americans, even if they don't want to be Canadians) and Upper-Peninsula-Michiganders (who are still Americans, even though many of them don't want to be US residents, and many lower-peninsula Michiganders who would just as happily hand the whole UP over to Canada.) There are Texans (who are still Americans, even if some of them claim that the Republic of Texas never legally gave up their soveriegnty so they are not a state in the USA, they are their own country.) So, closer, but still no cigar.

      Now, I know some Canadians who are just as rabid about their country being the best as anyone in the US, so maybe you did mean to include them. But then again, there are many fanatic Germans, Poles, Hungarians, Slavs, etc...

      And then there are the US residents that you are excluding when you refer to them as "North American, Americans", since Hawaii isn't part of the North American continent yet they, too, are US residents.

      Yes, much better to lump almost the entire hemisphere into your discussion than to write clearly and concisely. Much easier for you.

      you're showing a total lack of wit...

      I'm not trying to be witty. I'm trying to educate those who don't understand that "American" is a term that applies to a lot more people than they realize. And, in fact, you are being quite insulting to a lot of people when you lump them in with the USA.

    48. Re:... and? by Shelled · · Score: 2

      Was your generalization about 7 billion non-Americans meant as irony? As a non-American, curious and annoying if it wasn't.

    49. Re:... and? by bogado · · Score: 2

      Actualy you didn't understood what I meant, my house have my rules. If you wrote something I don't like I could, by my rules clean it. If you did from your house where I would have no way to procecute you. The example is just the reverse, the Italian made something ilegal in his country, since he is there, he can be procecuted for his "crime" (it is quoted, because in my opiinion this is not a crime at all). But the Italian police has no rigth to erase the web site that is outside italy.

      --
      []'s Victor Bogado da Silva Lins

      ^[:wq

    50. Re:... and? by zCyl · · Score: 2

      American's are, in general, Ameri-centric assholes.

      Then why are there so many Americans on Slashdot who disapprove of such mentality?

    51. Re:... and? by _Sprocket_ · · Score: 2

      The whole physical possession issue still applies to the citizens accessing illegal data / commiting illegal acts. If the citizens are doing something illegal within a government's boarders and that government's agents catch them, they're likely to be prosecuted. Doesn't matter where the server was sitting at the time.

      But therein lies the catch - specifically, catching those commiting illegal acts. It is often difficult to pluck the criminals from the masses. Its much easier to target the focal point - be it an illegal casino, drug lab, speak easy, or printing press.

    52. Re:... and? by Anonymous Coward · · Score: 0

      Europeans is not a group... the Europeans are not uniform by conditions of, say, fast-food culture, corrupt politics and starting wars in countries for the sake of money. Kinda proves your point.

    53. Re:... and? by CaptainZapp · · Score: 1
      I'm guessing you are referring to the Yahoo case here. I might misunderstand the issue - but the way I remember it, the French government wanted Nazi items removed from Yahoo's US sites.

      This is not correct. The court ordered Yahoo not to make such content accessible to French citizens in France. Yahoo claimed that this is impossible.

      There's quite a difference here in my book.

      --
      ich bin der musikant

      mit taschenrechner in der hand

      kraftwerk

    54. Re:... and? by Anonymous Coward · · Score: 0

      I dont think its out of line for us to preserve our standard of living, even if it is at the expense of others.
      With this type of reasonning, don't be surprised when other are angry.
      Furthermore, what define the standard of living? Is it the consumption of unrenewable natural ressources? Or the criminality rate?

    55. Re:... and? by _Sprocket_ · · Score: 2

      This is not correct. The court ordered Yahoo not to make such content accessible to French citizens in France. Yahoo claimed that this is impossible.

      There's quite a difference here in my book.

      I would argue that it is essentially the same thing.

      First, Yahoo would have to map out French IP space - any mistake and they're open to further litigation. Then they would have to tackle situations like a proxy that exists outside of France, but a French citizen uses to access Yahoo. How about cached copies of offending content?

      Secondly, Yahoo would have to entirely change their infrastructure. Remember, we're not firewalling off France - we're blocking specific content. The Jerry Lewis Video Collection - OK. A German 'SS' uniform insignia - block! What if some content makes it through whatever filter system is put in place? Further litigation.

      The only way Yahoo could have reasonable assurance of not serving illegal content to a French citizen would be by simply removing access to any such content to anybody in the world.

      Of course - this doesn't even touch on the issue of whether Yahoo (or anybody else) would WANT to set such a precedent. The French forbid Nazi paraphernalia. The Saudis forbid brewing accessories and imagery of "excessive" female skin. The Royal Republic of Mondovia finds coconuts and coconut products offensive. The list gets long and convoluted rather quickly.
    56. Re:... and? by gfreeman · · Score: 1

      And other countries don't. I see Arab nations killing and suicide bombing everyone who is not Arab.

      Then you are not seeing things correctly, and perpetuating the USA-centric-all-Arabs-are-bad myth. Palestinians are having a go at Israel - not "everyone who is not Arab"

      And you dont think the condescending French and Italians are the same.

      There you go again - I assume it's you beeing an asshole, rather than you being from the USA. I believe that the proportion of condescending French and Italians is the same as the proportion of condescending people from the USA.

      The only difference is that the US has the muscle to back up its mouth, whereas the EU jsut whine and complain.

      Are we talking military muscle, or the ability to "reach across the ocean and shut down a website"? Or maybe the "muscle to back up its mouth" comes in the form of sanctions, e.g. 30% steel tarrifs, despite the USA being built on the ideal of free trade. Ever thought it's your mouth that's getting you into trouble?

      We live in the best country in the world.

      Debatable. Inflammatory when stated as fact from a point of ignorance.

      We have the most liberties

      Er, no you don't. We can drink alcohol when we become adults - can you? I can practise any sexual position I like with any consenting adult that I like - can you?

      and the highest standard of living.

      According to whom? The United Nations? Take another look at the list - Canada tops the USA.

      I dont think its out of line for us to
      preserve our standard of living


      agree with that

      even if it is at the expense of others. Self preservation is the overriding instinct.

      Don't agree with that. We're human beings, not animals.

      America just catches the most flack because we are the current king of the mountain so to speak.

      There may be some truth in that, but most of the flack is self induced. It's one thing to be king of the mountain and want to help other's get higher up the slope, it's another to say "We're king of the mountain - FUCK YOU!"

      --
      Ceci n'est pas un sig.
    57. Re:... and? by bitrott · · Score: 1

      Unclench, get a grip. It's completely FUCKING obvious what I was talking about you pedantic blithering ass. The only 'educating' going on here, is us, 'learning' what a sodding idiot you are. We're all QUITE familiar with the fact that there are many countries in this hemisphere of ours, but those of us who DON'T have our panties is a knot easily accept that when people use the term 'American' in CONTEXT (that's right, CONTEXT, a new word for you) it's usually quite obvious what we're talking about. Only an idiot (ie. you) would have been confused by 'American' when used in the CONTEXT that I (and the post I was replying to) used it in. No reasonable person could EVER have confused 'American policy' for example with 'Brazilian Policy' when used in proper CONTEXT. But then, if it makes you feel better (and it looks like nothing short of prozac would to it) We'll have the W3C write up standards for political jargon for use here in Slashdot. We'll all ignore it of course, until some silly wank like you comes around and makes us have to s-i-m-p-l-i-f-y the discussion for those of you who can't keep up.

    58. Re:... and? by bigbadwlf · · Score: 1

      We believe atleast as strongly, if not more strongly than most nations, that our ways are the correct ones and we have the right to make others live by those same beliefs.

      The correct thing to do is not to force other countries to do things the way you do, but to allow those from other countries that agree with your way to come and live it in your country and to allow those that don't agree to leave.

  6. Why not DoS back? by Anonymous Coward · · Score: 0

    If their webservers are anything like their football players they'll go down as soon as you even portscan them!

    1. Re:Why not DoS back? by Anonymous Coward · · Score: 0

      ha-ha-ha >:(
      but i saw only a SOUTH american team that won...

  7. A point of curiousity - are italian pollice now a by Em+Ellel · · Score: 1

    Does not use of someone elses password to get in and alter computer services in the US you do not own a criminal offence and under new US laws considered "Terrorism"?

    Can US (and not like they would do it, but...) demand extradition of the Italian Police as a "terrorist organization" commiting a "terrorist act" on US soil?

    --
    RelevantElephants: A Somatic WebComic...
  8. One a more important note... by ghotiboy · · Score: 4, Funny

    Let's all celebrate about this quote.

    Jim Conway of the New York-based Direct Marketing Association worries that U.S. companies may have to scale back U.S. campaigns if they cannot assure that their mailing lists contain no European addresses.

    1. Re:One a more important note... by zangdesign · · Score: 2

      He says that like it's something bad. Hey, if I get a European email address, does that mean I won't get spammed?

      Sign me up!

      --
      To celebrate the occasion of my 1000th post, I will post no more forever on Slashdot. Goodbye.
    2. Re:One a more important note... by Anonymous Coward · · Score: 0

      Just pray that no one informs this fool how database queries work.

    3. Re:One a more important note... by kuiken · · Score: 1

      Got one, doesnt work :)
      Must say tho most spam i get is from .br .ru and .com in funky looking scribles (chinese is my guess)

      --

      42
  9. US Laws? by armyofone · · Score: 1

    From the article...

    Blue Gravity's chief executive, Tom Krwawecz, said the company was never informed. And he believes U.S. laws -- not Italy's -- ought to apply.

    Why? The 'perpetrators' were in Italy and were busted by the Italian polizia. Seems to me they (the perps) used off-shore hosting as an attempt to dodge local laws. Is Blue Gravity claiming ownership of the contents of the web-site? I sure hope not. Now there's a precedent we don't want to see anytime soon.

    I may not agree with the laws of other countries but until we have one set of rules for all people, we have to let others govern themselves according to their own laws. Otherwise, we'll most likely end up fomenting even more terrorist groups.

    --
    "A revolution without dancing is... a revolution not worth having"
  10. Hacking by Herkum01 · · Score: 1

    I see, if it is an individual that goes and changes images and text on a company web servers they are a hacker and a vandal, if it is the government it is considered what? Can't anyone, in particular the government, set limits on their behavior in relation to others. People are always talking about democracy when they pass a law, but I notice there always seem to be a certain amount of intolerance for the other persons behavior when that law is passed. --- Qoute from The Patriot "Why should a trade in 1 tyrant who is 3000 miles away, for 3000 tyrants who are 1 mile away?"

    1. Re:Hacking by an_mo · · Score: 2

      I think I saw a tape which clearly shows they smashed the hackers' head on the car hood, then punched him in the face until he gave them the password.

    2. Re:Hacking by Anonymous Coward · · Score: 0

      > They brute forced his password (possibly physically from him) and without the permission of the US hosting site, gained unauthorized access pretending to be someone else.

      Evidence, please? The article made no such claims.

  11. "Favorite" quote by Software · · Score: 1
    "We live in a world where we communicate worldwide and we travel worldwide," Farber said. "If I violate some Australian law and then land in Sydney, do they throw me in jail?"
    Yes, they do, if they're like America.
    1. Re:"Favorite" quote by Anonymous Coward · · Score: 0

      Conversely, Germany has arrested Australians for the content of their websites, hosted in (and legal in) Australia. Arrested them when they visited Germany. Don't ever question publicly anything about the "Holocaust" - no matter how obviously untrue or impossible - if you plan on visiting Germany.

  12. How did they get the suspect's password? by Ryu2 · · Score: 3, Insightful

    The article says they just logged in with the user's name and password... did they obtain it volutarily, or involuntarily (network sniffer, etc...)?

    Anyone know? It doesn't seem that US authorities are involved in this whatsoever, though.

    --
    There's 10 types of people in this world, those who understand binary and those who don't.
    1. Re:How did they get the suspect's password? by Maniakes · · Score: 1

      The article says they just logged in with the user's name and password... did they obtain it volutarily, or involuntarily (network sniffer, etc...)?

      I can see the security warnings now: "To prevent unauthorized access to your account, do not give your password to anybody, especially not someone claiming to be one of our sysadmins or the Italian Police."

      --
      A legparnasom tele van angolnaval.
    2. Re:How did they get the suspect's password? by eander315 · · Score: 1

      The article said they used his computer to make the changes, so I assume they had physical access (not neccessarily, but it's a pretty good bet). The suspect probably had to give them the password, or it was saved and allowed them to get in automatically. Either way, I doubt it could be called "voluntarily" :)

    3. Re:How did they get the suspect's password? by t_allardyce · · Score: 1

      So blatently the password was stored in his ftp program (he was probably using Windows) and the box showed asterisks '********'. No-one knew that you could download a little utility to reveal the password in the box, so they had to just use his machine and click connect. Once in, they fired up frontpage and made a little replacement notice. They wanted to make it all pretty coloured but the arrested website owner begged them in the name of the Pope not to use yellow text on a light blue background. :)

      --
      This comment does not represent the views or opinions of the user.
  13. Ummm by Com2Kid · · Score: 1

    Guy was Italian Citizen, content was uploaded from a PC in Italy, and they used is Username + PW to shutdown the site.

    They did not come over here with armed guards and confiscate the host computer, and they did not go around suing left and right.

    What is the fuss? If they started going after US sites by US citizens then I would get a bit peeved but. . . . Yeesh. This is the same as it has /always/ been, the US has arrested people and shutdown sites that contain content that /we/ consider inoffensive even if the host is in some other country. Nothing new here.

  14. Unless I misunderstand... by Skyshadow · · Score: 3, Interesting
    Unless I'm not understanding the article, an Italian citizen living in Italy was forced by Italian police to shut down his web site, which happened to be hosted in the United States.

    So... What's the big deal again?

    Sure, it offends me that the Italian government discourages free discourse, but that's a matter for the government and the citizens of Italy to work out. Just because the site was hosted in the US does not extend legal protection to the person running the site. This would be as if I, say, obtained a copy of the Solaris source and kept it on a server in Iran, and the US forced me to delete it in order to avoid jail time. Regardless of if you think the laws involved are intelligent, I am still subject to the laws of my country.

    If the Italian government had somehow forced the US hosting company to remove the speech in question, then we'd have a serious problem to discuss here. However, that now being the case, I don't see what the issue is.

    Want something real to worry about? Try this: an American U student is charged with theft for taping a speech by Tipper Gore. They say he "stole" her intellectual property. I suppose from now on we'll need expressed written permission from Major League Baseball to describe what our political leaders are saying...

    --
    Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
    1. Re:Unless I misunderstand... by Anonymous Coward · · Score: 0

      > Want something real to worry about? Try this: an American U student is charged with theft for taping a speech by Tipper Gore [washingtonpost.com]. They say he "stole" her intellectual property. I suppose from now on we'll need expressed written permission from Major League Baseball to describe what our political leaders are saying...

      From the linked article:

      "At Gore's speech, he sat in the bleachers toward the back of Bender Arena. An organizer announced at the start that flash photography was prohibited but said nothing about videotaping, so Wetmore set the camera on his lap and started it rolling.

      Campus officials were disturbed when they spotted the camera -- Gore's contract with the university stipulated that her presentation could not be recorded. [emphasis mine] According to documents from Wetmore's disciplinary hearing, an officer was sent to tell Wetmore to stop taping and go to the lobby.

      Wetmore refused. Another officer joined them, but Wetmore refused to leave or relinquish his tape. The confrontation started to distract the audience, according to university documents."

    2. Re:Unless I misunderstand... by Skyshadow · · Score: 2
      Gore's contract with the university stipulated that her presentation could not be recorded.

      Right. So, what did Gore's contract with Mr. Westmore say? Or did he agree to some invisible EULA when he walked through the door of a publically-funded US academic institution to hear a speech by a prominent US political figure?

      Remember: Just because the people in charge tell you that you don't have any rights doesn't mean that you don't.

      --
      Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
    3. Re:Unless I misunderstand... by Anonymous Coward · · Score: 0
      Tipper Gore is clearly an important public political figure in the US.

      Given that, how can we as a democracy make it illegal to tape her speeches? Wouldn't this allow politicians to restrict access to what they say? If George W. Bush appeared at a dinner for rich Wall St. types and said he was "only putting on a show for the idiots in the country" and wouldn't actually punish them for defrauding the public, should he be able to prevent that from making CNN?

      Tipper Gore has a long history of trying to restrict free speech while hiding behind the "think of the children" mantra. Are we going to just hand her another way to restrict what we can say?

    4. Re:Unless I misunderstand... by Anonymous Coward · · Score: 0

      That's nothing--Ohio State students were threatened with expulsion and arrest if they dared turn their back on Dubya during his commencement speech.

  15. another repeat... by an_mo · · Score: 1

    This was already talked about in this story. The only news here is the cnn article.

  16. Has anyone tried to mirror the content yet? by leereyno · · Score: 2, Troll

    To me the best way to respond to this kind of bullshit is to mirror the content as far and wide as possible, and advertise the existance of the mirrors. Let the pope put that in his corn cob pipe and smoke it!

    Lee

    --
    Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
    1. Re:Has anyone tried to mirror the content yet? by an_mo · · Score: 3, Informative

      YOu're forgetting the good old
      google cache that, is still showing the site as it was.

    2. Re:Has anyone tried to mirror the content yet? by Jeremy+Erwin · · Score: 2

      Alas, if you want to see pictures of "fucking the Virgin Mary" (as a literal translation of porcomadonna might have it, you're out of luck

  17. Decisions, decisions by Anonymous Coward · · Score: 0

    Be sad that personal rights will be infringed?

    Be happy that the Direct Marketing Association (aka spammers) will have to cut down on marketing campaigns because of European laws?

    I know I should care about the poor, marginalized neo-nazis who can't sell stuff on Yahoo, but all I can think is DIE SPAM DIE!!!!

  18. Interesting twist.. by lionchild · · Score: 5, Interesting

    It seems to me, that the twist here is that, for the US-based ISP, it seems that the users account has been effectively hacked. An unauthorized user (the Italian Police) have acquired the password and defaced the pages being hosted by the user. Simply because they did it from the proper uses own PC, doesn't mean it's not a hack, nonetheless, does it?

    Does that mean that the US-based ISP can fire charges against, and request extradition of, the offending hacker from Italy?

    --
    Awk! Pieces of eight. Pieces of eight. Pieces of seven... ERROR: General Protection Fault. [Paroty Error.]
    1. Re:Interesting twist.. by Erasmus+Darwin · · Score: 2
      "An unauthorized user (the Italian Police)"

      I think this is the key point. Can Italian law authorize the Italian Police to access a resource owned by a person in Italy (who is probably a citzen), when that resource is located outside the country? It's my contention that the answer would be yes, simply because the intangible concept of owning the site resides within the owner himself, which would allow for jurisdiction.

    2. Re:Interesting twist.. by lionchild · · Score: 4, Insightful
      Can Italian law authorize the Italian Police to access a resource owned by a person in Italy (who is probably a citzen), when that resource is located outside the country?

      Let's change the data in the scenerio. Let's say that the files in question belonged to a company, or even a political group. Would it be legal for the Italian Police to change/move/delete files from another organization, because they consider it a violation of their laws?

      --
      Awk! Pieces of eight. Pieces of eight. Pieces of seven... ERROR: General Protection Fault. [Paroty Error.]
    3. Re:Interesting twist.. by praedor · · Score: 2

      Since recent US laws permit the prosecution of hackers no matter where they do their deeds, our Justice Department is now legally authorized to go after the Italian government. Illegally hacking a website is illegal whether it is done by a government or by some script kiddie. You cannot apply two different standards to the two. What is illegal under the letter and spirit of the law remains so regardless of who violates it.

      --
      In Bushworld, they struggle to keep church and state separate in Iraq as they increasingly merge the two in America.
    4. Re:Interesting twist.. by EJB · · Score: 1

      When done by the proper authorities of a country, you can't probably sue the individual civil servant (police officer) who did it, if this was illegal according to US law. It also depends if you consider US civil or penal law. Perhaps the webhosting provider could sue the Italian police in civil court if they caused damage while removing the pictures. Otherwise, I suppose the USA would have to sue Italy in the International Court.

    5. Re:Interesting twist.. by lionchild · · Score: 2

      However, since it would be classifed as "hacking" under recent anti-terrorist laws, it may fall under Federal jurisdiction. While this might not apply to anti-terrorism law, I'm not sure the laws actually differentiate the two.

      --
      Awk! Pieces of eight. Pieces of eight. Pieces of seven... ERROR: General Protection Fault. [Paroty Error.]
  19. They put up their own sites, too by ianscot · · Score: 1
    According to the original story -- this is a /. repeat -- the cops got into the sites' computers and posted pages with their police department's official seal in place of the offending sites. It wasn't enough to take down the sites, or anyway they didn't bother trying -- they wanted to substitute something nice and wholesome like police insignia.

    The naughty pages constituted defamation of the Virgin Mary, to hear the police say it. Italian law, supposedly, includes strict restrictions of blasphemy against any religion, whatever that means. (I'm still wondering how they reacted to Salman Rushdie's "Satanic Verses.")

    --
    "Fundamentalism" isn't about divine morality. It's about human authority.
    1. Re:They put up their own sites, too by frobozz3.141 · · Score: 1

      (I'm still wondering how they reacted to Salman Rushdie's "Satanic Verses.")

      They probably wouldn't care, as as far as I can remember, Rushdie's novel generated its controversy over its portrayal of Mohammed (hardly something the Catholic Church would care too much about, especially what with that fresco detailing Mohammed in Hell that those extremists tried to blow up last month)

      -Frobozz

      --
      Brought to you by the friendly folks at FrobozzCo....
  20. Whose laws apply by saphena · · Score: 2

    As I understand the US sales tax rules, if a customer in New Jersey buys my product, I must charge him NJ sales tax but I must charge the Californian customer California sales tax. In fact, I believe, I have to be even more local than that and work out the correct rate applicable to my customer's zip code.

    In the UK, we have something similar with VAT which is charged at different rates (or not at all) depending on which country I'm selling to.

    Why should the logic be any different when we're working out whose laws apply?

    The physical location of internet servers is largely academic nowadays, I have no idea where google is physically located, I just know that it's the best search engine on the net so I use it.

    1. Re:Whose laws apply by Fred+Ferrigno · · Score: 2

      Not as such (yet). If the two parties are in different states, no sales tax applies. If you're in different counties in the same state, only the common state tax applies. The state taxes applies as long as the company maintains a presence in your state. So a company may have stores in several states and charge the appropriate tax for customers in those states.

      The states are in quite an uproar about this, as it's quite common for people to buy stuff from out of state for the specific purpose of avoiding sales tax. I do it all the time when it comes to buying expensive computer parts where the tax would be more than the extra shipping.

    2. Re:Whose laws apply by saphena · · Score: 2

      Thanks for the clarification. I thought that my [wrong] understanding was difficult enough but your version sounds even more onerous - how do you cope?

    3. Re:Whose laws apply by gorillasoft · · Score: 2

      If the two parties are in different states, no sales tax applies.

      That is incorrect in most, if not all, states. You are still obligated to pay the sales tax, but you must declare it yourself and send it in to your state taxing entity yourself.

      Currently, an online business does not have to collect a sales tax from you in an online transaction, unless they have a physical presence in your state. Just because they are not collecting the tax for you does not remove your obligation to pay it - you can, in fact, face penalties for not sending the taxes in yourself, but so far those penalties have only been applied to purchases with large dollar amounts often involving jewelry or high-dollar art.

      It is a common misconception.

      (however, the Streamlined Sales Tax may soon bring many states into a single sales tax structure for online purchases, at which point the online merchant will collect the taxes even if they do not have a physical presence in a participating SST state, and that will remove your obligation to send the taxes in yourself since you will have paid them at the point of purchase)

    4. Re:Whose laws apply by dartboard · · Score: 1

      Sorry, but you're just wrong. You are obligated to pay for the sales tax (usually when you file your income tax at the end of the year). In addition, if the company has even the smallest presence in the customer's state, they are obligated to collect that sales tax on behalf of the state.

      The ex-CEO of Tyco is going to go to jail for sales tax evasion using the mechanisms you describe. Care to join him?

    5. Re:Whose laws apply by Anonymous Coward · · Score: 0

      "Thanks for the clarification. I thought that my [wrong] understanding was difficult enough but your version sounds even more onerous - how do you cope?"

      It's actually not as complicated as it sounds (though I admit I'm biased, having lived in the USA all my life).

      You own a company in New York, whose only office is there in New York. If someone in California buys your product through mail order, he pays no sales tax at all. If someone in New Jersey buys your product through mail order, he pays no sales tax at all. If either of those people physically come to New Jersey to buy your product, they will pay New Jersey sales tax (even if they display their driver's license to prove they live elsewhere).

      Now let's say your company in New York has a retail store in California. Anyone from California who orders your products via mail-order has to pay California sales tax, because your company has a business presence there. The guy in New Jersey still wouldn't have to pay any sales tax, because your company doesn't have a business presence there.

      It all comes down to where your company has an office or retail location.

    6. Re:Whose laws apply by Coffee · · Score: 1

      States in the US with a sales tax typically have a use tax at the same rate, which applies to goods imported across states lines for which less or no sales tax was paid. So if I buy something in a state with 3% sales tax, and live in a state with 5% sales tax, I must pay my home state enough money to total 5% tax paid. If I paid nothing to the other state, all 5% goes to my home state. If I paid 3% to the first, 2% goes home. If I paid 7% sales tax, I'm out 2%.

      Practically speaking, no one deals with interstate sales tax or use tax if they can help it. If a company has no presence in a state with sales tax, it seems they can pretty much ignore that sales tax, since the state tax collectors cannot cross state lines to collect it (state's rights and all that), and although the states sometimes make a heck of a fuss about use tax, it is quite hard to figure out how and where to pay it, let alone bother paying.

    7. Re:Whose laws apply by Fred+Ferrigno · · Score: 2

      Alright guy, I'm wrong and I admit it. I guess I've been doing bad, bad things when I report the sales tax on my new mobo. I'm sure the cops will be here any moment.

    8. Re:Whose laws apply by JonWan · · Score: 2

      As I understand the US sales tax rules, if a customer in New Jersey buys my product, I must charge him NJ sales tax but I must charge the Californian customer California sales tax. In fact, I believe, I have to be even more local than that and work out the correct rate applicable to my customer's zip code.

      Well, sort of... There is no US sales tax. The states each have their own taxes and rules. In Texas (where I live) you have to collect sales taxes if you sell to someone in Texas but not to someone outside the state. If I buy something from outside Texas I have to fill out a little form and pay a "use" tax instead of "sales" tax. I haven't ever heard of someone accually paying a "use" tax. If I buy something from a company in another state that is doing Business in Texas, they have to charge me sales tax based on their location in Texas (I think). Also most cities have their own sales tax so it can get more complicated.

      In the UK, we have something similar with VAT which is charged at different rates (or not at all) depending on which country I'm selling to.

      I think that is the EU's way of collecting a "sales" like tax so people won't cheat and buy something from Germany instead of the UK or other places to avoid the local taxes.

      Why should the logic be any different when we're working out whose laws apply?

      Mostly I don't want the UK goverment or any goverment outside the US tell me that I can't host something they don't like on the 'net. If it's hosted in the UK then fine, but if it's hosted in the US their laws just don't apply. The same goes for the US (MPAA/RIAA) shutting down sites on NON-US hosts. If it's not against the law in the UK and is against the law in the US tough shit. The US shouldn't have any recourse outside of asking politely. The same goes for everyone else.

    9. Re:Whose laws apply by Anonymous Coward · · Score: 0

      there should be a "failed to" in there somewhere...

    10. Re:Whose laws apply by Fred+Ferrigno · · Score: 1

      One small exception: Oregon has no state sales tax. In Washington, at least, if you show a valid ID that proves you live in Oregon (or a few other places), you don't have to pay the sales tax. Link

    11. Re:Whose laws apply by RandomPeon · · Score: 2

      Sorry, but you're just wrong. You are obligated to pay for the sales tax (usually when you file your income tax at the end of the year).

      I've never heard of any state requiring this.

      In addition, if the company has even the smallest presence in the customer's state, they are obligated to collect that sales tax on behalf of the state.

      Correct. This is why Amazon concentrates its operations in as few states as possible, for example.

      The ex-CEO of Tyco is going to go to jail for sales tax evasion using the mechanisms you describe. Care to join him?

      The ex-CEO of Tyco is going to jail for something far more creative which is actually illegal - fraud. He had empty boxes shipped from New York City to Tyco's New Jersey office, claimed that the cartons contained works of art, and declared he didn't need to pay the NY or NJ sales tax. Then he had boxes full of art shipped from the art dealer in New York to his apartment in New York. That's illegal, because a NY-to-NY sale is definitely taxable, and it also involves a little mail fraud.

  21. Policy using hacker mentality by Launch · · Score: 1

    If it is Italy's policy that police are allowed to access a computer and remove files they feel are inapropiate then I'm all for it... Not that I like the idea of police having that kind of control. But this may set some international president for non-crimilization of computer "hacking" from contries that have no laws against it, and could possibly end the US attempts to extridite people who have committed no crime in their own country.

    It's one of those prices you pay for free data... if you don't like it then maybe it's time to rethink free data.

    --
    Your mammas flamebait.
  22. It does not matter where the server is.. by an_mo · · Score: 2

    ...the illegal actions were committed in Italy, the police agents went after the person who committed them and imposed him to correct those actions (or corrected them themselves).

    Nobody prevents somebody in the US to restore that site.

    The irony is... the blasphemous words contained in the site are part of the url and are present in the page the police put up. I guess somebody in Italy should sue the police.

  23. Hacking by Mr+Guy · · Score: 2

    They brute forced his password (possibly physically from him) and without the permission of the US hosting site, gained unauthorized access pretending to be someone else.

    When will the US courts have the balls to press hacking, theft of identity, and computer fraud charges against the Italian government?

    I don't know if I'm joking or not.

  24. No biggie by Capt_Troy · · Score: 2

    Yea, so the stupid guy left his password sitting around or something. That's his fault. I was thinking that the Italians did some legal or political manuvering here to shut down the site, which would be alarming. But it's simple a case of stupidity instead.

    The ISP should restore from backup and tell the idiot to keep his password secret.

    1. Re:No biggie by monomania · · Score: 1
      The fact is, we don't KNOW how the police got his password. And what if I (a US citizen) had also created an identical site (in Italian -- I doubt the Italian police worry about all those 'blasphemous' sites in English) -- would the police there still have the authority to crack into my US server and replace the content? How can we be sure that the user wasn't Italian American -- or that he had created and posted the site from the US?

      There are too many details that are not represented in the stories we've gotten about this to say 'it's no biggie'...

  25. David Farber by Ryu2 · · Score: 2

    A little aside:

    David Farber, the moderator of a popular online mailing list on technology with recipients all over the globe, envisions a time when he'll have to cut back on his postings for fear of lawsuits elsewhere.

    Many countries do not value free speech the way the United States does, nor do they give speakers as much leeway in defending libel lawsuits. So mailing list mavens like Farber need to be concerned about whether items they post might violate a law somewhere.

    "We live in a world where we communicate worldwide and we travel worldwide," Farber said. "If I violate some Australian law and then land in Sydney, do they throw me in jail?"


    While the article makes no mention of it, David Farber is no mere ordinary citizen, he's the Chief Technologist of the FCC (yes, this is the same David Farber -- the photo in the CNN article is him)

    Yes, the FCC does not regulate the Internet itself. Yet, if anyone is in a position to do something about such questionable tactics on a government policy level, it's Mr. Farber...

    --
    There's 10 types of people in this world, those who understand binary and those who don't.
    1. Re:David Farber by jamie · · Score: 2
      "David Farber is no mere ordinary citizen, he's the Chief Technologist of the FCC"

      Was, for a year. He stepped down in, IIRC, January 2001.

    2. Re:David Farber by Skyshadow · · Score: 4, Insightful
      "We live in a world where we communicate worldwide and we travel worldwide," Farber said. "If I violate some Australian law and then land in Sydney, do they throw me in jail?"

      It's worth repeating that the originator of this technique was the United States with the Skarlov(sp?) case. The US, in effect, used legal pretense to abduct a visiting foreign national for breaking our laws while living and and a citizen of another country.

      If another country, say Iran, had imprisoned a US citizen for speaking his mind while living in the US, the Marine Corps battle flag would be flying over the rubble of Teheran by now. But, of course, might makes right, so that will just have to remain one of life's little injustices.

      As, then, will this concept of having your travel restricted by exercising your (US) rights.

      --
      Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
    3. Re:David Farber by maetenloch · · Score: 1

      The US, in effect, used legal pretense to abduct a visiting foreign national for breaking our laws while living and and a citizen of another country.

      It's called being arrested and it happens everyday to citizens and non-citizens alike. It's legal and there are restrictions on how loing someone can be detained without being formally charged and getting access to an attorney. Furthermore Skylarov was not 'abducted' - he came to the U.S. on his own accord to attend a conference. His company was doing business in the U.S. through a distributor and he was also an officer of the company. Now I think the whole Skylarov affair is a unjust travesty, but as far as I can tell it's all being handled legally. It's just that Adobe is taking advantage of a very bad law.

      If another country, say Iran, had imprisoned a US citizen for speaking his mind while living in the US, the Marine Corps battle flag would be flying over the rubble of Teheran by now.

      You might want to check out what happened to this guy who was imprisoned in Iran for teaching dancing in the U.S.. It's not clear if he was a U.S. citizen or just a permanent resident, but so far no Marine Corp flag over the rubble of Teheran.

      As, then, will this concept of having your travel restricted by exercising your (US) rights.

      Well no one is preventing you from travelling where ever you want to, but it may not be 'prudent' to travel to certain countries. For example, if you've ever been a citizen of China, you might want to think twice before criticizing the Chinese government here in the U.S., that is, if you ever want to visit there (and leave) in the future.

  26. Re:A point of curiousity - are italian pollice now by Anonymous Coward · · Score: 0

    > Does not use of someone elses password to get in and alter computer services in the US you do not own a criminal offence and under new US laws considered "Terrorism"?

    Not if the owner of the password told the police the password, say in exchange for reduced sentence or charges or some such.

    The article doesn't say, but there's no reason to assume the suspect *didn't* cooperate with the police. Deals can and are made in such cases.

  27. Don't serve web content to foreigners by A55M0NKEY · · Score: 1

    Let em rot in their oppressive countries not knowing what's really going on. See if Italy ( or the UAE ) can support financially with ad revinue the infrastructure to index the web.

    Don't sell em anything. Why risk being sued.

    --

    Eat at Joe's.

    1. Re:Don't serve web content to foreigners by Anonymous Coward · · Score: 0

      You are joking, but...

      Actually the Internet risked to stay out of Italian soil because of the Monopolist State-Owned TelCo. If it wasn't for the European Union, nowadays only universities and a few elected people could have internet connection at home :)

      Of course, it could have been better for all the net, since the vast majority of Italian Internauts are R-E-A-L M-O-R-O-N-S :)
      (me too I'm moron! :) )

  28. It's a globalized World after all by malraid · · Score: 1

    And a globilized world cannot translate to widespread anarchy. There must be some rules as to what can be done, and of course means to uphold that.
    And I don't mean just ways to censor, but also ways to protect our privacy, reduce spam, etc.
    Whose laws apply on no man's net? Anarchy is good as long as it doesn't harm you. I believe in free speach and freedom, but also the fact that people should be accounted for their acts.

    --
    please excuse my apathy
  29. What about the airways? by n0ano · · Score: 1
    One of the issues with the Internet that many governments are complaining about is that it is borderless, I can post a web page in South Africa that can be easily read by someone in France. Because of this people are in an up roar and some are trying to create new laws to deal with this new medium.

    In point of fact borderless media already exists, we call it radio and TV. Radio/TV signals are broadcast indescriminately and can be received all over the world and yet we don't see any nation trying to censor the broadcasts of other nations (I'm ignoring the eastern block countries efforts to jam radio signals from things like Radio Free Europe, that's a different issue).

    Why can't we take the same international protections that are afforded to radio and TV and extend them to the internet?

    --
    Don Dugger
    "Censeo Toto nos in Kansa esse decisse." - D. Gale
  30. Flashback ... by Mr.+Mai · · Score: 3, Funny

    It sound like a virtual version of the Inquisition to me. The next step is developing a way to torture the servers and make them change their contents =)

    1. Re:Flashback ... by Sebastopol · · Score: 3, Funny

      It sound like a virtual version of the Inquisition to me. The next step is developing a way to torture the servers and make them change their contents =)

      Like "The Comfy Chassis", perhaps?

      --
      https://www.accountkiller.com/removal-requested
    2. Re:Flashback ... by |<amikaze · · Score: 2

      Slashdot Effect?

  31. We need to respect other countries extridition law by t0qer · · Score: 5, Insightful

    Blue Gravity's chief executive, Tom Krwawecz, said the company was never informed. And he believes U.S. laws -- not Italy's -- ought to apply.

    I don't think so...

    We do not have the right to interfere with the laws of other countries (unless it is flat out human rights violatations and the enslaved are being used to build a war machine against us) Being that the USA is a melting pot, we have been taught to respect the belief's and values of other cultures.

    The content was created in italy, by an italian. Being Italian myself, the story sort of took a special note with me.

    Let's say someone in the US was creating kiddie porn sites and hosting them offshore. Most states in the US make it illeagle to have nudes of anyone under 18. The laws in other countries differ, you can marry as young as 14 and still be legal. Should we exempt someone dealing in kiddie porn just because their site is offshore? No! Of course not.

    So if that is the logic applied here, then why in gods name would we want to impose a double standard to our allied nations laws? It doesn't bode well with "keeping the peace"

    my .02 cents anyways.

  32. Legal authority? by enigma971 · · Score: 2, Interesting

    I'm kind of curious what would happen if the web site's host just put the content back up again, and removed that user name and password. Does the Italian government have any recourse? If some foreign country tried to prosecute me for breaking their laws, I'd tell them to screw themselves. Since I'm not an Italian citizen, is there any reason I should have to obey their laws in the United States? Would the U.S. government let the Italians prosecute me? I would certainly hope not.

    1. Re:Legal authority? by JonTurner · · Score: 1
      Since I'm not an Italian citizen, is there any reason I should have to obey their laws in the United States? Would the U.S. government let the Italians prosecute me? I would certainly hope not.

      Don't you read the newspapers? the United Nations has drafted a treaty for the establishment of an International Criminal Court (ICC), which would operate with the stated purpose of bringing to justice individuals charged with ill-defined "war crimes" and "crimes against humanity." See http://jbs.org/congress/alerts/106_congress/icc_le tter.htm for more info

      Thankfully, this treaty must be signed by congress in order to be effective upon American citizens, and that has not happened. President Bush, in his usually wishy-washy fashion has first steadfastly opposed it, but has "compromised" and recently signalled a willingness to support it proved some limited protections for military are put in place, so you shouldn't feel safe just yet.

      So in short, yes, if the ICC treaty is signed, you could possibly be arrested for a "War Crime" against Italy because your Constitutionally protected speech on US soil violated Italy's high laws.

    2. Re:Legal authority? by enigma971 · · Score: 1

      That is for war crimes though. If I commited a war crime in another country then yes, I should be held accountable for it. If I murder someone in another country, then yes I should be held accountable for it. But if something I do in the United States, which is legal by our standards, happens to offend someone in another country, why should we care. My girlfriend walks around without a veil or whatever over her head, but I don't see us sending her off to Afghanistan to be executed, just becuase it pisses them off. (Or at least it did up until a few months ago). There is a big difference between commiting a war crime and just offending someone.

    3. Re:Legal authority? by Ryan_Terry · · Score: 2

      I don't mean to be a stickler, but...

      ...bringing to justice individuals charged with ill-defined "war crimes" and "crimes against humanity."...
      ...so you shouldn't feel safe just yet.

      I fail to make the connection here. How would these websties fall under either of those categories? I would imagine that anyone in the U.S. wishing to mirror the offending site would be outside the Italian government's jurisdiction. That being said I still wouldn't be suprised if they tried to so something about it. I just don't believe they'd be successful.

      --
      MessEdUp
      .sig
      #/var/www/v
    4. Re:Legal authority? by Erwos · · Score: 1

      He's simply saying that if a world court is created, it might lead to prosecution of citizens for things they do in one country that break the laws of another. If I were to have a big web page of praises for the Nazi party on a US web server, I've broken no US law, but the Germans might not like it much. Theoretically, they could go through the ill-defined laws of the world court and find something to prosecute me on.

      -Erwos

      --
      Plausible conjecture should not be misrepresented as proof positive.
    5. Re:Legal authority? by numark · · Score: 1

      IMO, I hardly think that the Court would even begin to consider accepting any case such as the one you describe. The Court's aim is not to get between relatively petty arguments between the standards of two different countries. Instead, it's designed to prosecute those who commit serious crimes such as genocide in cases where countries are unwilling or unable to prosecute the criminals.

      On a side note, a lot of people are trying to spin the Court's aim into something that's anti-American, but that's simply not true. If an American commits serious crimes during war, then yes, they should be held accountable for their actions. However, the Court only steps in when a citizen of a country is not properly prosecuted by their home country. It seems unlikely the US wouldn't prosecute a soldier if they committed a serious crime of war.

      In summary, a case such as this one would never come under the jurisdiction of the Court. It's not designed for cases such as this one, and never will be. In issues such as this one, the ICC is relatively benign.

      --
      Want Slashdot headlines on your site? Try SlashHead
    6. Re:Legal authority? by maetenloch · · Score: 2, Insightful

      The Court's aim is not to get between relatively petty arguments between the standards of two different countries. Instead, it's designed to prosecute those who commit serious crimes such as genocide in cases where countries are unwilling or unable to prosecute the criminals.

      That may be the Court's aim, but in practice given the way it's set up and the judges are appointed, it's likely to become just as politicized as the UN and the International Olympic Committee. Currently the Sudan, Uganda, and Syria (!) are members of the United Nations Commission on Human Rights while the U.S. is not. Yep, just the countries we can count on to get to the bottom of any human rights abuses.

      However, the Court only steps in when a citizen of a country is not properly prosecuted by their home country.

      True, but the key point is that the Court gets to decide whether someone has been properly prosecuted - not the country involved. Furthermore the Court claims jurisdiction over countries that have never signed or ratified the ICC treaty - something unprecedented in international relations.

  33. Not really a hot swimsuit issue by Anonymous Coward · · Score: 0

    Looks like some hairy Italians found someone's sausage and greased things up. It's not like they forced the American exchange students to suck their dicks.

    Looks like a non-boner to me.

    Just kidding, I'm hard.

  34. Just human nature. by Eric+Damron · · Score: 2, Interesting

    It's human nature to want control. This becomes real dicey in a global community and the US isn't innocent of applying its laws to non-citizens. Look at what the US did to poor Dmitry Sklyarov. That was totally outrageous!

    Let's face it. When people get involved things get screwed up.

    --
    The race isn't always to the swift... but that's the way to bet!
  35. Residence by eander315 · · Score: 3, Interesting
    Why shouldn't the law be based on your country of residence? The man in question created the site in Italy, in violation of Italian laws, then uploaded it to a server in the US. Why should it matter where it's hosted? He's an Italian, and he has to follow their laws, not whichever country he chooses.

    On the other hand, the police seemed to act more like 15-year-old hackers than police. They "...used a suspect's computer and password to reach across the ocean and replace the offending images with the insignia of the special police unit that tracked him down." That really doesn't seem very professional to me.

    1. Re:Residence by valkadesh · · Score: 2, Informative

      On the other hand, the police seemed to act more like 15-year-old hackers than police. They "...used a suspect's computer and password to reach across the ocean and replace the offending images with the insignia of the special police unit that tracked him down." That really doesn't seem very professional to me.

      Actually, they were following Italian laws provisions, which require the police to put their seal on materials which are under investigation.

  36. illegally vs legally blasphemous speech by JonTurner · · Score: 1

    Can someone with Italian legal experience/knowledge please explain the difference between "illegally blasphemous" and "legally blasphemous" speech?

    The way I understood it, all blaspheme is illegal under Italian law.

    Just wondering...

  37. "How Italian Police Shut Down U.S. Web Servers" by Anonymous Coward · · Score: 1, Interesting

    You would think Slashdot, of all "news" sites, would know the difference between a web server and a web site... but I guess slashdot editors like to go for those attention-grabbing (if innacurate) headlines.

  38. Hmm... by A55M0NKEY · · Score: 1
    Did they juice his nads with a cattle prod or what? Why give em the password when you could use your site as leverage?

    He could promise to take his site down if the D/A ( or Italy's version ) lets him off scott free.

    --

    Eat at Joe's.

  39. You know what? by mindstrm · · Score: 4, Insightful

    The reason people say this a lot is because, of all the nationalities in the world, it's the Americans who tend to think that the world should be doing things their way, and that everyone else is just backwards.

    Yes, it's stereotyping, yes, it's wrong.
    But there IS a reason you see it so often... and that's because many, many americans DO reflect this attitude.

    1. Re:You know what? by swv3752 · · Score: 1, Insightful

      We are brought up with a Bill of Rights, that all men are created equal, and a Christian eithic; how else do you expect us to react? Is it backwards to think that women should have equal rights of men? Is it backward to think that everyone should have freedom of speech? Is it backwards to think that one should not have to live in fear?

      While the US is not perfect, much of the rest of the world is wrong. And for those fellow Americans that disagree, you know where the door is, don't let it hit your rear on the way out. Hope you like living in Iran or Rwanda or Calcutta.

      --
      Just a Tuna in the Sea of Life
    2. Re:You know what? by DEBEDb · · Score: 1
      We are brought up with a Bill of Rights, that all men are created equal, and a Christian eithic;

      One man's Christian ethic is that women should
      stay at home, and his pal's Christian ethic
      is that negroes should stay slaves. So...

      --

      Considered harmful.
    3. Re:You know what? by zangdesign · · Score: 2

      Actually, asshole, the Bill of Rights gives us the right to disagree with your opinion. So next time you suggest that Americans shut up if they disagree with you, why don't YOU go buy a ticket to some country that punishes anyone who doesn't agree with the party line, and don't let the door hit your ass on the way out.

      It's far more patriotic to state your opinion and risk being wrong, than to suppress an opinion and risk losing the ability to express it.

      --
      To celebrate the occasion of my 1000th post, I will post no more forever on Slashdot. Goodbye.
    4. Re:You know what? by TRACK-YOUR-POSITION · · Score: 2, Troll
      The reason people say this a lot is because, of all the nationalities in the world, it's the Americans who tend to think that the world should be doing things their way, and that everyone else is just backwards.

      This is crap. People EVERYWHERE think their way is the best way, ESPECIALLY Europeans! At least America tends to save it's sharpest condemnations for the most outrageous offenders--China, North Korea, Iraq--while accepting that Europe is for the most part a decent place, human rights wise. Sure, we'd like to see more free speech, but we don't make anywhere near as much noise as Europeans do over, say, American capital punishment.

      It's also worth mentioning that the countries we scream loudest at tend to be non-democratic --therefore they cannot claim it is the will of the people they rule that human rights violations continue.

    5. Re:You know what? by Anonymous Coward · · Score: 0
      of all the nationalities in the world, it's the Americans who tend to think that the world should be doing things their way,

      Yeah, God knows the British would never decide that. All that business about White Man's Burden and Manifest Destiny was obviously all due to the Americans. And I'm glad the French would never decide they were the only truly cultured civilization. etc. etc.

      Come on. The only reason the Americans get more press about their superiority complex is that right now we're the top dog and own quite a lot of press. When another country topples us, they'll start preaching the exact same thing.

      For the record, this American finds the American attitude as annoying and repugnant as anyone else.

    6. Re:You know what? by mangu · · Score: 2

      Well, I think it IS backward to think copyrigths should endure until 75 years after the author's death. And it's even worse when the author, long before his death, sold his rights to a corporation. Even worse, when the author is not American and the corporation is Japanese. Worse still, when that US law is enforced worldwide, thanks to the Bern convention.
      In that Bill of Right of yours, please cancel the First Ammendment. No one in the world has the right to say anything that has been said before, until 75 years after the first sayer's death.

    7. Re:You know what? by jcr · · Score: 3, Insightful

      The reason people say this a lot is because, of all the nationalities in the world, it's the Americans who tend to think that the world should be doing things their way, and that everyone else is just backwards.

      You haven't spent a lot of time in other countries, have you?

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    8. Re:You know what? by Anonymous Coward · · Score: 0

      If there's nothing new under the sun, then everything that could conceivably be said has probably been said, and the copyright has likely expired ;)

    9. Re:You know what? by chazzf · · Score: 1

      True enough. I would like to suggest that this attitude simply reflects a phase in our national development. At various points in history Rome, France, England, Russia, China, Germany, and Japan have been or have striven to be pre-eminent in the world. Up until the 20th century the United States was relatively self-focused and isolationist. It's our turn now.

      Is this right? Not for me to answer. I simply suggest that this isn't local to the United States.

      ~Chazzf

      --
      No statement is true, not even this one.
    10. Re:You know what? by chefren · · Score: 1
      while accepting that Europe is for the most part a decent place,

      How very generous of you. Thank you. May I breathe now?

      American capital punishment.

      Actually when a country has so much crime as the USA (or at least so many heavy punishments per capita) something is wrong and the error is not neccesarily in the punishments themselves. If crime would drop, the "need" for capital punishment would eventually go away.

    11. Re:You know what? by Anonymous Coward · · Score: 0

      I am german and I have been discussing this. We are scared, that Amarica in plunging the world into war by striving for pre-eminence.

  40. Again by lmfr · · Score: 1
    Isn't that story related to the already discussed article "Italian Police Censor "Blasphemous" Websites"?

    http://abc.net.au/news/newsitems/s603070.htm
    http://slashdot.org/article.pl?sid=02/07/10/045020 3&mode=nested&tid=153

  41. New bumber sticker... by T3kno · · Score: 2

    People are stupid. Seriously, this really ticks me off, who ever said "I may not agree with what you say, but I will fight to the death for your right to say it." was right on, and he's probably rolling over in his grave now. Dear world, GROW UP! People should be allowed to say whatever they want about you, your religion, your race, your gender, everything and you should have 0 rights to silence them.

    --
    (B) + (D) + (B) + (D) = (K) + (&)
    1. Re:New bumber sticker... by lovebyte · · Score: 2

      This is stupid. People should not have the right to say anything they want about anyone. I have a private life and I want it to stay this way. If tomorrow I see pictures of me, the status of my bank account or whatever about me published without my authorisation, Il sue the Hell out of the person who did it. Freedom is for everyone not just those with a big mouth!

      --

      I'll do it for cheesy poofs.

    2. Re:New bumber sticker... by rjamestaylor · · Score: 1
      That would be one bumber of a sticker, all right...

      :)

      --
      -- @rjamestaylor on Ello
  42. Please stop proving me right. by juuri · · Score: 2, Flamebait

    I love how non-Americans

    Guess what? I am an American.

    --
    --- I do not moderate.
    1. Re:Please stop proving me right. by hymie3 · · Score: 1

      >>I love how non-Americans
      >Guess what? I am an American.


      I happen to know for a fact, Mr. Porovaara, that you are actually Finnish.

  43. There's an oxymoron by Anonymous Coward · · Score: 0

    Tipper Gore / Intellectual property

  44. Re:We need to respect other countries extridition by SimplyCosmic · · Score: 4, Insightful

    Well, the way I would see it is that in your example, the person creating the content could be tried under the laws of his country of residence for creating the content, but the server itself and content on such could only be touched by the laws of the country in which it is being hosted.

  45. Repost by Anonymous Coward · · Score: 0

    http://slashdot.org/article.pl?sid=02/07/10/045020 3&mode=nested&tid=153

    Ummmmm.... Hail Timothy, king of reposts?

    I generally don't complain about the way things are run, but it always seems that Timothy and Michael NEVER check on what they are posting.

  46. Which Madonna? by ddkilzer · · Score: 1

    Are the Italian police sure the web site was talking about the Virgin Mary and not the Material Girl?

    1. Re:Which Madonna? by Anonymous Coward · · Score: 0

      What do you think, Dipshit?

    2. Re:Which Madonna? by Anonymous Coward · · Score: 0

      Uh oh, sounds like somebody's got a case of the Mondays.

  47. The precedent has already been set... by srmalloy · · Score: 1

    Since the US government accepted that it's legal to prosecute and convict the operators of a website hosted in state A under the pornography laws of state B, where someone viewed the pictures on their computer, then it seems to me that it's lost the right to object when the police in Italy enforce their laws on a website hosted in the US. If the law does not apply equally, then it's worthless.

  48. IP block blocking in the future? by DJDaveET · · Score: 2, Interesting

    While this is certainly not something I would advocate, will these actions start causing ISPs and content providers to start blocking particular countries from accessing their webservers?

    For example, Yahoo could have chosen to block all traffic from French based ISPs and net ranges to their Auction site in response to the French courts. While we, as technical people, know this would not necessarily block French citizens from viewing the content, as has been proven by Napster, courts do have different interpretations of what works and what doesn't.

    Some ISPs have already advocated this for blocking spam -- China is the first to get listed when people talk about who to block to protect mail servers against spam, and thus whole blocks of Chinese IP addresses get blocked from mail servers.

    Will this start to happen to other services as well, simply to minimize risk due to laws in other countries.

    I know I'd rather block IPs from other countries than risk being taken to court .

    Dave

  49. Well under US law by pommiekiwifruit · · Score: 1

    Flying a jet into an italian ski-lift killing many people is not considered a crime.

    1. Re:Well under US law by YrWrstNtmr · · Score: 1

      Flying a jet into an italian ski-lift killing many people is not considered a crime

      Flying a jet into a cablecar on purpose would be a crime.
      Hitting, by accident, the cablecar may, or may not be, a crime.

    2. Re:Well under US law by Anonymous Coward · · Score: 0

      Of course, that depends on how you define 'accident'
      As I recall, some drunk flyer boys were having a joyride (joyflight?) in the Italian Alps, causing an 'accident' and trying to cover up by destroying evidence (camera tapes etc)
      So, was it an accident? Or more like a crime?
      Pretend some drunk 18year olds joyride in your neighbourhood killing your 4-year old, fleeing the scene and destroying evidence. Hey, they didn't do it on purpose! Following the case's logic, they should go free (but only if they are American).

    3. Re:Well under US law by Anonymous Coward · · Score: 0

      Even when you are not supposed nor allowed to fly there?? Sounds like gross negligence at the least...

  50. From the article by acceleriter · · Score: 3, Insightful

    it appears that the Italian police used the user's authentication credentials to alter the site. That's a computer crime, and the Italian police involved in the action should be immediately arrested if they set foot on U.S. soil. If it's good enough for Dmitri Sklyarov, it should be good enough for foreign law enforcement officials that steal computer access.

    --

    CEE5210S The signal SIGHUP was received.

    1. Re:From the article by Anonymous Coward · · Score: 0

      It appears to me the article itself is just a piece to try to make people say "Ha, look at the rest of the world they aren't 'Free' as in America so they all suck." That's the tone of the story that I got. It's a patriotic story trying to make people love America and hate everywhere else. Bah.

    2. Re:From the article by Anonymous Coward · · Score: 0
      You're absolutely correct, what they did is illegal under the Computer Fraud and Abuse act (CFAA) which was discussed previously on slashdot.

  51. The Italian police COULD HAVE... by kingkade · · Score: 1

    ...just *claimed* that they had shut down the offending sight and just post a story with a link to it on /.
    That sucker would be down in no time.

  52. italy descents into fascism ... again. by Edmund+Blackadder · · Score: 3, Troll

    Fortunately history has shown that italians make really half assed fascists.

    1. Re:italy descents into fascism ... again. by Mr]-[at · · Score: 1
      Fortunately history has shown that italians make really half assed fascists.

      or fortunately

  53. Sorry... by taernim · · Score: 1

    Your content offends us, the Government of Kumchatka. Therefore we have shut down your entire website and email, since it has been seen to carry non-Kumchatka supporting email.

    Viva whoever!

    </end oppression possibility>

    --
    "PC Load Letter? What the $@#% does that mean?!"
  54. Jurisdictional issues by dh003i · · Score: 4, Insightful

    This is, obviously, a jurisdictional question.

    There are three factors at work here:

    1. The country in which the material was physically produced. Itally.

    2. The country in which the author resides. Itally.

    3. The country in which the material was published. United States.

    Note that 1 and 2 do not necessarily have to be the same, and may be complicated.

    In order for a country to have complete jurisdiction, al three categories should take place within that country: the author should be there, it should be produced there, and it should be published there.

    In cases where the material is produced in one country and published in another, the country where the material was published should have jurisdiction to regulate or not regulate that material: in the case of a web-site, to take it down or not, or to censor it or not. No other country than that of publication should have this power.

    That's the easy question. The hard one is which country should have jurisdiction over the author -- i.e., punishing him or not, according to laws? It certainly should not necessarily be the country of publication. The question is, should it be the country where the author resides or the country where the material was produced. They can be different. I can, for example, log into a server in Taiwan and type up a document there. In that case, the author resides in the US, but the material was produced in Taiwan.

    Though this seems like a difficult question, its actually very easy if you liken it to real-world scenaries. If I -- a US citizen -- leave the United States and go to another country (for vacation) which has different laws regulating, say, murder, I am accountable only to those laws, not US laws. The laws of one nation should stay within that nations borders; they should not follow that nations citizens around the world where-ever they may go. This would require that vacationing citizens would have to consider two different sets of laws to obey -- an unreasonable request. It may even require that citizens obey two contradictory laws -- an impossible request.

    Thus, the nation where the material was produced should have governing authority over the person who produced it, *provided* that person is in that nation at the time. I.e., this does not mean that the US can prosecute someone in Taiwan because he logged into a US system from remote to produce some material. However, it does mean that Taiwan cannot prosecute that person. It also means that should the person come to the US, he can be prosecuted in the US because he produced the offending material in the US, remotely from Taiwan.

    Lets apply this to the Dmitry Skylarov case. This means that the US has the jurisdiction to regulate that content within the US, but not the jurisdiction to prosecute anyone who wrote that content, as the content was produced in Russia.

    1. Re:Jurisdictional issues by Elwood+P+Dowd · · Score: 3, Insightful

      Yeah, no. Maybe that's the way it should be (I don't think so) but it's way way not the way it is. If it's illegal to *produce* fake kiddie porn in the US, and you use your computer to make some 3D Studio Max animations of toddlers gyrating together, then publish it in Russia, they're still gonna lock you up. If it were only illegal to *publish* fake kiddie porn, then you'd be right. But the US, and Italy, can make whatever laws they want about what can happen in their borders.

      So. This Italian fellow should go to prison for blasphemy, and the Italian police officers that hacked his site should be extradited to the US to face their terrorism/hacking charges. Blasphemy was committed in Italy, and hacking was committed in the US.

      --

      There are no trails. There are no trees out here.
    2. Re:Jurisdictional issues by Anonymous Coward · · Score: 0

      In other words.. when in the Red Light district smoke weed and buy yourself a girl for a couple hours. When you get back.. tell the customs agent you smoked a shit load of weed while in Amsterdam and bought a woman for the primary act of sex (make sure your system is clean; and make sure you wear a condom). When in the US do not smoke weed for you can go to jail but it's ok in Amsterdam. Also do not buy a woman for the act of sex; it's called prostitution and it's illegal. You won't be arrested you come back to the US and say I smoked weed and paid to bone this prostee.

    3. Re:Jurisdictional issues by Anonymous Coward · · Score: 0

      You can log into a server in Taiwan and type up a document there but the document is still being created in your country. If all the links between Taiwan and your country were suddenly severed the document would not appear on the server in Taiwan. It's still you pressing the keys on your keyboard, in your country, so the only sane conclusion is that the document is produced in your country. Even if just in RAM, it's still only being stored in Taiwan; it was created in your country. Computers don't create documents, people create documents.

    4. Re:Jurisdictional issues by zCyl · · Score: 2

      This Italian fellow should go to prison for blasphemy, and the Italian police officers that hacked his site should be extradited to the US to face their terrorism/hacking charges. Blasphemy was committed in Italy, and hacking was committed in the US.

      The Italian police never entered the U.S. If I access a web page in country X, and the accessing of that web page happens to be illegal because of an obscure law, should my country extradite me for breaking the law of a country I wasn't in?

      You tread on more dangerous ground than you are aware of.

    5. Re:Jurisdictional issues by mysidia · · Score: 1

      They can be different. I can, for example, log into a server in Taiwan and type up a document there. In that case, the author resides in the US, but the material was produced in Taiwan.

      If you log into a server in another country and type the document, then the document is still being produced at the location of the computer you are entering text from and being TRANSFERRED to and stored on the server.

      Just because the data is aggregated and the copy stored in a different country doesn't mean the country you're in wouldn't consider the production of it to have occured where you were at the time you entered the information via your keyboard..

      In terms of forcing an ISP in another country to take down content, I agree, the country where the author resides has no right to demand it be taken down or to force the ISP to take it down.

      However, the country has every right to act with the authority of the author if they produced the content and resided there -- that is, if the author has the authority to tell the ISP to take down the content, then the country can force the author to exercise that authority and do so by whatever means are legal according to the laws of that country.

      What happened here wasn't hacking or illegal intrusion, the author's keys were seized (legally and for legitimate reasons, I presume) and used to purge the site using information he left on his system -- and presumably that seizure included seizure of his online identity including all accounts and passwords he left on his system.

    6. Re:Jurisdictional issues by Elwood+P+Dowd · · Score: 2

      Yes, your country should extradite you if they have an extradition treaty with the US and expect the US to honor it in return.

      If I shoot a Michigander while standing in Canada, the Canadians better well ship me off to the US when they come calling. The Italians committed a crime physically in the United States by wired control. This isn't an obscure law. The Italian cops hacked into an American computer and destroyed intellectual property. String them up by their toenails.

      I tread on the dirt, just like you.

      --

      There are no trails. There are no trees out here.
    7. Re:Jurisdictional issues by cthugha · · Score: 2

      There are three factors at work here:

      You forgot one: the type of relief being sought. Let's assume that a criminal action is brought for the production of material. Usually, the production of material must occur within jurisdiction for it to be an offence. However, there is nothing to prevent a nation enacting laws that have extra-territorial jurisdiction, and in some cases, this is quite legitimate. IIRC, the UK has laws against conspiracy to murder a British subject that have universal jurisdiction, i.e. it is illegal to conspire to kill a British subject anywhere in the world. This is completely in line with a sovereign nation's right to protect its own interests and that of its citizens. The only fundamental limit on such laws is that of enforcement: HM government can't send its law enforcement officials into another country to arrest a suspect without that country's permission. Therefore, if all you are doing is seeking to lay criminal charges, then jurisdiction isn't a problem provided the accused is within your territory and the necessary domestic legislative framework is in place.

      If what you are doing is seeking to take down material outside your territory, then things get more complex. According to your own laws, remote takedowns may be totally acceptable, in which case you can safely get away with it provided you're in your own territory. However, it may constitute unauthorized access by the laws of the country in which the material resides. This creates an interesting reciprocal lack of jurisdiction: the people maintaining the material locally can't pursue you in their domestic courts because you're outside their jurisdiction, but OTOH if those domestic maintainers decide to roll back your changes, there's nothing you can do because they're outside your jurisdiction.

      Common law countries such as the UK, US, Canada, Australia and NZ get around this by issuing court orders that bind the person who owns the content (they act in personam) rather than orders that authorize officials to affect the content or thing in question (orders that act in rem). In other words, the person who has control of the material is charged with taking it down themselves, so whether the material is within the jurisdiction of the court making the order or not is irrelevant. If the subject of the order refuses to comply, they're found in contempt and thrown into prison until they agree to comply (they may also have contempt charges levied against them on top of any other charges they may have to deal with).

      Bottom line: it's an unholy mess, and one of the reasons why countries are seeking harmonization of laws through such instruments as the Council of Europe's cyber-crime treaty. Whether this turns out to be a Good Thing or a Bad Thing remains to be seen. There is certainly a potential bleeding of draconian laws into the domestic legal systems of otherwise enlightened countries, but a lack of such an international framework will make a mockery of privacy laws and other good legislation if, e.g., irresponsible or tabloid media organizations can get around them by simply relocating content overseas.

    8. Re:Jurisdictional issues by psych031337 · · Score: 2
      If I shoot a Michigander while standing in Canada, the Canadians better well ship me off to the US when they come calling. The Italians committed a crime physically in the United States by wired control. This isn't an obscure law. The Italian cops hacked into an American computer and destroyed intellectual property
      Let's keep stuff comparable. We were talking about a "victimless" (in a physical sense) crime.

      So: If you access a website brandishing sodomy, and that site happens to be located in Kentucky, should the law be able to fly your out of Italy for a fair trial in a country you don't know for breaking a law you were not aware of?

      China has recently reorganised their laws according the web. They made it almost impossible to publish things on the web without being traceable. But in the (still) likely case someone does publish some regime criticism, and you click on the corresponding link sent to you by a friend via email - do you think it is right to be extradited and rot in the cell next to the publisher?
      --
      +++ath0
    9. Re:Jurisdictional issues by Elwood+P+Dowd · · Score: 2

      Hacking isn't necessarily victimless. In a physical sense.

      And, keep in mind, I'm not saying anyone should go to prison for accessing a web site. None of the laws that we are discussing make that illegal. Including the one in China. The Italian citizen got locked up for content creation and publishing, and I'm suggesting the cops should be locked up for hacking. The content creation occured, physically, in Italy. Their hacking occured, physically, in the US.

      This is not a complicated concept. You keep acting like I'm proposing thought crimes or something. I'm just saying that if some nation makes a law against a crime, and you make that crime occur in that nation, then perhaps you might be extradited. It doesn't necessarily matter where you're sitting when you cause that crime to occur in another nation. The *crime* occured within US jurisdiction.

      --

      There are no trails. There are no trees out here.
  55. Servers? by Restil · · Score: 3

    Maybe I missed something. From what I can tell, the police obtained the account name and password, logged in, and removed the offending material from the user's account. No "servers" were shut down in the process, and the hosting company wasn't even aware of it.

    I suppose if the account holder later calls back in to complain, there's something. But it WAS his account that was used. If the police were able to find out his password, he should have made better efforts to conceal it. As it stands, no legal action was taken against the hosting company, they weren't even burdened with a request to remove anything.

    I guess I'm just not getting TOO excited about this.

    -Restil

    --
    Play with my webcams and lights here
  56. BULLS*** , Sensationalism and Slash by CDWert · · Score: 5, Informative

    They did NO such thing, they did NOT I REPEAT NOT ! Shut down ANY web sites. They could have but they actually DIDNT.

    What they did do, was CHANGE the content in question REMOTLEY. They made no effort to have the ISP or the US goverment TERMINATE the hosting of these sites, what they did was (probably with a rubber hose and blackjack) get the username and password and altered the site.

    I hate when people say something other than happened, I read the damm headline an just about panicked that they somehow did this through LEGAL channels in the US , THEY DID NOT .

    What they did is no different than what a 12 year old script kiddie could have done with a username and password. they changed content, there is a HUGE difference betwwen CHANGING content and "Shutting Down" a website, if the fellow had US cronies that were willing to host it the Italians could do absolutley NOTHING about it. Im half tempted to get a cached copy and host it for the fellows. Let the meatballs try and shut it down.

    --
    Sig went tro...aahemmm.....fishing........
    1. Re:BULLS*** , Sensationalism and Slash by Anonymous Coward · · Score: 0

      You......read the article?
      Burn him! HEATHEN! You have violated the most sacred decree of our great nation, Trollonia!

      SHUT DOWN HIS WEBSITE!

    2. Re:BULLS*** , Sensationalism and Slash by Peyna · · Score: 1

      Yes, 2nd time today the summary so grossly misrepresented the article that people who browse headlines are probably really gonna look like asses. (The SPAM article being the other one, since it had nothing to with SPAM.) Aghh, I like slashdot too, maybe I'll just visit it but not read anything.

      --
      What?
    3. Re:BULLS*** , Sensationalism and Slash by alexburke · · Score: 3, Informative

      They did NO such thing, they did NOT I REPEAT NOT ! Shut down ANY web sites. They could have but they actually DIDNT.

      What they did do, was CHANGE the content in question REMOTLEY.


      Buddy, the net result is the same -- the content is removed from the Internet.

      Whether that's by deleting the virtual host in IIS metabase, or 'killall httpd', or FTPing in and blowing away the content, the net result is that people can no longer view the site in question.

      I mean, really... the mechanics of how it occurred are totally moot. The site was taken down one way or the other, which was WAY out of their [the Italians'] jurisdiction. Period.

  57. Cisco - more business by t_allardyce · · Score: 1

    Well, it looks like Cisco will be getting _allot_ of business in the near future building more national firewalls. And IBM can even supply solutions to administrate exicutions/prision sentences of blasphemous/anti-government individuals and groups like they did in WW2. More money to the corporations yeah! :)

    And there was me thinking that the human rights laws here in Europe would give me the rights to free speech.

    --
    This comment does not represent the views or opinions of the user.
  58. Re:We need to respect other countries extridition by Edmund+Blackadder · · Score: 2

    Infringing on the freedom of speach is a human rights violation.

  59. Cases like this remind me of Swiss bank accounts by zapp · · Score: 2, Interesting

    While I don't know what's so special about Swiss bank accounts (I'm just a poor college kid, not a money launderer), I do know they're famous for keeping money safe from your government/police/etc.

    Just as we store money in foreign contries to keep it safe from our local policies, the Italians in question stored their (publicly available) information in our country to keep it safe from theirs.

    --
    no comment
  60. Law of the Net by dmarx · · Score: 1

    A "Law of the Net" would be a Bad Thing. For example, if there is an international law regulating net speach, what standard is used? American? Saudi? The law applied must the law of the country in which the server is based.

    --
    "Do I dare disturb the universe?"
  61. Slashdot Skewing the Story by pel · · Score: 1

    This headline is slightly skewed. US Web Servers were never shut down by the Italian police - only content was disabled.

    Also, this article is about much more than what the Italian police did. Five sentences mention the Italian police incident, and over twenty times that content in the article are either not specific to the Italian police incident, or are about different incidents.

    Presenting the situation in this manner is dishonest. If Slashdot wants to revive the Italian police censoring incident, then make the headline adjust accordingly. Don't grandstand five sentences with the same force as if the New York Times did a page one expose on the event. Mainstream media is bad enough with their slant, I was hoping we could avoid it here.

    1. Re:Slashdot Skewing the Story by Kredal · · Score: 1

      Half of this site's title is a slant! /. (:

      Er, sorry.

      --
      Whoever stated that signature sizes should be limited to one hundred and twenty characters can just go ahead and kiss my
  62. Blue Gravity? Re:US Laws? by WolfWithoutAClause · · Score: 2
    Blue Gravity's chief executive, Tom Krwawecz, said the company was never informed. And he believes U.S. laws -- not Italy's -- ought to apply.

    Is Blue Gravity claiming ownership of the contents of the web-site?

    Doubt it, that's copyright the author, under international law. But if the Italian police have violated US law, then, bearing in mind the Italian police have admitted they hacked the account, are Blue Gravity going to be restoring the web pages from backup tape? ;-)

    --

    -WolfWithoutAClause

    "Gravity is only a theory, not a fact!"
  63. Court? Tax? by undeg+chwech · · Score: 1


    An Italian citizen, in Italy, claims that the Italian government violated rights given to him by the US constitution because his website was hosted on an American server.

    Question 1 : which US court would hear a case brought by an Italian citizen (living in Italy) against the Italian government?

    Question 2 : Whose taxes, Americans' or Italians', would pay for the case?

  64. Extradition of Data? by TibbonZero · · Score: 2

    Do Italy and the USA have extradition laws setup up for between the countries? Because it seems to be the same as if they went into the US, and took the information themselves, which would have been looked down upon. (Think if they Italians didn't like something in the Pentagon and just went and wanted to take it down).
    To further this idea, if they 'happened' to have an FBI password that they obtained, and went in and deleted files that they thought were 'illegal' to them, wouldn't that be seen as another county trying to hack the US?

    Just a thought, but I am really apalled by this whole turn of events. It's really sad that those who are religous, aren't even strong enough in their faith to be able to deal with other views. They can only deal with their own and must irradicate all others.

    --
    Tibbon
    tibbon.com
  65. Unfortunate indeed by Anonymous Coward · · Score: 0

    I mean, without US "muscle", we could have had such wonderful things as all of the Pacific rim being part of some "Greater East-Asia Co-Prosperity Sphere" and the Italian Politburo would be enacting another five-year plan to rescue their economy from the last five-year plan (the last one had a bad interpretation of Marx...) while the French Parliament would be about to take a holiday to celebrate the birthday of Adolf Hitler - or would it be Kaiser Wilhelm?

    1. Re:Unfortunate indeed by Anonymous Coward · · Score: 0

      Otto (from A Fish Called Wanda)... is that you?

    2. Re:Unfortunate indeed by Anonymous Coward · · Score: 0

      "Otto (from A Fish Called Wanda)... is that you?"

      Hahahahahahaha - tnx man - you made my day :D

      Funny, insightful, underrated and I bet informative to a lot of generalizing North-Americans out here

  66. Re:We need to respect other countries extridition by enigma971 · · Score: 1

    No, people in the United States should not have to respect the laws of Italy, if they are in the United States. I would think a better course of action would have been for the Italian government to prosecute the person who created the offensive and illegal material (since he is an Italian citizen), and ask the server to take the offensive material down. They have absolutely no right to take material off of a server hosted in the United States. The same applies to kiddie porn. If kiddie porn is created by someone in the United States, that person should be prosecuted. If someone in the United States views kiddie porn, they should be prosecuted. The United States should have no authority to take that information off of a server hosted in another country though. Request it be removed, yes. It is a disturbing trend when other countries start to enforce their laws across international borders. I sure as hell can't keep track of 160 (I think) different sets of laws.

  67. Even more interesting twist.. by kiwimate · · Score: 4, Interesting

    The problem is that the article doesn't specify if it was with the user's consent or not. And, if it was (for example, if consent was obtained through plea-bargaining), then it can't be considered a hack.

    The article brings up several more interesting points, referring to a /. beloved case, for example.

    The United States, too, is guilty of trying to extend its reach.

    A U.S. copyright law was used to jail a Russian programmer in California for writing software that was legal in his country. He was later freed, but charges remain against his Russian employer.


    They also talk about how they had to wait for him to attend a conference in Las Vegas before they could do anything. It seems like the laws of jurisdiction are beginning to show holes of inadequacy: just how do you deal with the global village?

    But guess what -- there's even more. I double-checked this next bit when I first read it, just to make sure.

    And because a large part of Internet traffic goes through the United States -- even if both sender and recipient live elsewhere -- last fall's anti-terrorism bill lets the Justice Department prosecute foreign hackers when they attack computers anywhere in the world.

    Leaving aside cracks about UUNET for the moment, can you imagine the complexities of trying to enforce something like this if you are dealing with an unfriendly country that doesn't like to extradite to the U.S.? And while other countries may not be in quite the same boat as the U.S. with regards to Internet traffic hosting, let's not forget it's all going somewhere -- depending on where you're sending your traffic, it can go through several different countries before reaching its final destination. And each of those countries has its own complex legal system.

    This is already a big problem (several other points mentioned in the article indicate this: e.g. the Yahoo Auctions/Nazi memoribilia difficulty), and will only get worse. Wait for the big ruckus to ensue when it's decided a world court is needed to supervise these issues and the U.S. is only one amongst many countries that refuse to accept any exterior jurisdiction (a la the World Crimes Court). The thing is that most of the world can actually agree on what constitutes a war crime against humanity -- but how do you cope with deciding if a page in cyberspace constitutes a crime when you've got as many options on what's legal and illegal as you do countries in the world?

  68. OT: Your sig by Anonymous Coward · · Score: 0

    Can't moderate you say? What did you do, participate in the great slashdot troll discussion? Metamod a funny post (modded as troll) as unfair?

    1. Re:OT: Your sig by Anonymous Coward · · Score: 0

      You know, I have been on slashdot for a couple of years now with maxed out Karma and I have never been given mod points. I also have had every story rejected even though they are all intelligent and well worded. I really believe that there is a conspiracy behind slashdot.

    2. Re:OT: Your sig by Anonymous Coward · · Score: 0

      I frequently meta-mod posts marked as "Troll" as unfair. About 60% of the time somebody gets modded as "Troll," they said something funny the moderator didn't understand. Also about 60% of the time, a moderator decides a calmly presented opinion with which they personally disagree must be "Flamebait."

    3. Re:OT: Your sig by Anonymous Coward · · Score: 0
      Maybe you need to update your preferences to say that you want to be a moderator.

      Maybe you also need to figure out the pet stories of the moderators (e.g., anti-M$, Lego, anime, and anything that suggests your rights will be taken away).

    4. Re:OT: Your sig by Anonymous Coward · · Score: 0

      I have a feeling many posts end up the way they do simply based on the first moderation they recieve.

      If a post (just as funny/insightful/interesting as any other positive-score post) gets moderated down to begin with, it may never see the light of day. A post with no moderation might be skipped over if it doesn't look funny, insightful, etc. right away. However, if it's at a positive score, other moderators might take more time to look at a joke (or whatever) even if they didn't get the insight, humor, etc. at first glance.

  69. More interesting twist... Re:Interesting twist.. by WolfWithoutAClause · · Score: 2
    If the US-based ISP determines that the Italian policemen have hacked into the web account (and they've already admitted it), will they be restoring the web pages from backup tape then ;-)

    --

    -WolfWithoutAClause

    "Gravity is only a theory, not a fact!"
  70. Re:We need to respect other countries extridition by lovebyte · · Score: 2, Flamebait

    Being that the USA is a melting pot, we have been taught to respect the belief's and values of other cultures.
    You are kidding, right? The USA has only respect for its own culture (if one can call it that). Britain, France and most other European countries prohibited slavery, racism et al. at least 150 years ago. The USA was still in a state of racial segregation in the fifties!

    --

    I'll do it for cheesy poofs.

  71. Ob Monty Python! by Amazing+Quantum+Man · · Score: 2

    Nobody Expects the Spanish^H^H^H^H^H^H^HItalian Inquisition!

    --
    Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    1. Re:Ob Monty Python! by onion2k · · Score: 3, Funny

      Our main weapon is SSH. And SSH Tunneling. Our two main weapons are SSH and SSH Tunneling. And a fanatical devotion to TCP. Out THREE main weapons...

      Etc.

  72. "Shutting down web servers" by Vess+V. · · Score: 1

    What in the hell does anything in the article have to do with shutting down a web server?

  73. HAVENCO by _ph1ux_ · · Score: 2

    How would haven co handle such an event? would they bend to the law of italy?

    this is the perfect test of such a "country"

    Hey malda - how about getting a havenco rep on a /. interview - i would love to see what they would say about these types of cases....

  74. Huh? by sglane81 · · Score: 1

    American's are, in general, Ameri-centric assholes.

    I should know. I live here. I have since birth.

    We believe atleast as strongly, if not more strongly than most nations, that our ways are the correct ones and we have the right to make others live by those same beliefs. Whatever we want is good. Whatever opposes us is bad.

    We are always right. It just happens that every other nationality is always wrong.

    --
    This is the Internet. You can say "fuck" here. - AC
  75. Re: Might makes Right... by lugonn · · Score: 1
    ...The strongest win. Whether really 'right' or not. I'm just glad the American version of 'right' seems to be purvying the world. Just imagine if Osama's version of 'right' was the strong one. I'd sure hate to have to pray to a rock (the Kaba) five times a day.

    The world isn't a fair place, and none of us get out of here alive.

  76. Italian police, so powerfull :) by WildBeast · · Score: 2

    What exactly do you want them to do? They can't get rid of the mafia so they had to show the world that they still actually exist and that they're not sitting on their lazy ass all day.

    1. Re:Italian police, so powerfull :) by ProfMoriarty · · Score: 2
      sitting on their lazy ass all day

      You're darn tootin' ... they ACTUALLY had to press the "Send/Submit" button as well.

      Well ... time to quit reading /. and start programming ...

      --
      Karma? Karma? I don't need no stinkin' karma.
  77. Thought Crimes by Jetson · · Score: 1
    That's the easy question. The hard one is which country should have jurisdiction over the author -- i.e., punishing him or not, according to laws?

    Both will have an opportunity, whether that's fair or not. The country of residence simply needs to draft a "thought crime" law. The USA is full of them already-- many states have laws that make it an offense for residents to leave the state for the purposes of acquiring products (alcohol) or services (sex) that are illegal in the resident's home state.

  78. Foriegn Policy by spookyfluke · · Score: 1

    Umm, whatever! 5% of the world's population uses 50% of it's natural resources. Not US-Centric! What a joke. People have that opinion because it's true. Stop being so patriotic and face it. If you would stop and think about the reasons people have this opinion it wouldn't tke you long to realize it's cause. A bad foriegn policy that is driven by greed and only servers corporate interests...probably the main reason. Stop complaining and start demanding that your government become more accountable for it's foriegn policy.

    --
    you.bases.each{|base|base.are_belong_to=us}
    1. Re:Foriegn Policy by Anonymous Coward · · Score: 0

      yeah all youre fucking problems are due to the foreign policy of the U.S. get real

  79. Let's counter-sue them for breaking Amish laws! by RexDevious · · Score: 1

    Who's with me? Everytime some jack@$$ tries to sue US for breaking laws in their country, let's sue them for breaking laws in ours. For starters, they're driving on the wrong side of the street - that's a 100 dollar fine here, buddy. And their using electricity, that's fifty hail mary's and a horse-whipping in the Amish communities of Pennsylvania. And after they've served their penalty, we pass them off to Saudi Arabia, who can sentence them to death because saying those Hail Mary's was blasphemous against Islam.

    Seriously, there's is no way countries can both use an International electronic network, AND impose national laws on other people who use it. So we either have the "International Law of the Internet" (which just *ain't* gonna happen); or we have the "American Law which claims to be International Law of the Internet" (which hopefully won't, but still might happen); or whichever tiny little country on the planet decides to legalize internet gambling, porn, hacking information, and file swapping first - is going to generate 99.999% of it's GNP by hosting everyone else's websites.

    So that's it. If countries are dumb enough to follow this line of thinking, I'm getting a lawyer, converting to Amish, and registering "www.InBelgiumYouCanDoAnything.com". And all Slashdot readers are formally invited to our IPO party.

  80. There may be some benefit to this.... by joedoc · · Score: 1

    Quoting from the CNN story:
    Consider a privacy law recently passed by the European Parliament requiring companies anywhere in the world to obtain permission before sending marketing e-mail to Europeans.
    Jim Conway of the New York-based Direct Marketing Association worries that U.S. companies may have to scale back U.S. campaigns if they cannot assure that their mailing lists contain no European addresses. (Emphasis mine...)


    Er...this is a bad thing?

    --
    Joe Dougherty, Florida, USA
    The words I thought I brought, I left behind. So, never mind.
    1. Re:There may be some benefit to this.... by Kredal · · Score: 2
      Jim Conway of the New York-based Direct Marketing Association worries that U.S. companies may have to scale back U.S. campaigns if they cannot assure that their mailing lists contain no European addresses. (Emphasis mine...)

      It's bad for Jim Conway the Spammer.

      --
      Whoever stated that signature sizes should be limited to one hundred and twenty characters can just go ahead and kiss my
  81. Re:We need to respect other countries extridition by dvdeug · · Score: 2

    Britain, France and most other European countries prohibited slavery, racism et al. at least 150 years ago

    Please. So the US outlawed slavery 10 years after Britain did. But it wasn't the US that murdered 7 million people because of their race in the 1940's.

  82. Re:We need to respect other countries extridition by Anonymous Coward · · Score: 0

    But it was an Italian, in Italy. they didn't force the removal of the sacred information like CoS would do.

    I don't think that the Italian police should have that power, but getting up in arms about *how* they did it isn't the problem. that they did it at all is what you should be yibbering on about.

  83. Spam quote the coolest by freeweed · · Score: 5, Interesting

    Consider a privacy law recently passed by the European Parliament requiring companies anywhere in the world to obtain permission before sending marketing e-mail to Europeans.

    Jim Conway of the New York-based Direct Marketing Association worries that U.S. companies may have to scale back U.S. campaigns if they cannot assure that their mailing lists contain no European addresses.


    Someone let me know if this DOES happen.. I'll be wanting a European email address the minute it occurs :)

    --
    Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
    1. Re:Spam quote the coolest by Carrot007 · · Score: 1

      I really hope this does get passed.

      As a european (UK) the one thing i resent about 75% of my spam is that is intended for americans and even therefore is untterly useless to me (though as spam I would ignore it even if it could be used by me)

      Put plainly and in (British) English ;-)
      Hello spammers, see my e-mail addres? .CO.UK do you understand that bit?

      Not that I think it will do any difference if it is passed anyway, the US will just pass a law allowing it to ignore international law as it usually does.

      Ahh well, back to the kill filter.

      Carrot007.

      --
      +----------------- | What is the question!
    2. Re:Spam quote the coolest by Anonymous Coward · · Score: 0

      Hello, mail.yahoo.se!

    3. Re:Spam quote the coolest by Jantastic · · Score: 1

      "Someone let me know if this DOES happen.. I'll be wanting a European email address the minute it occurs :)"

      You might want to take a look at the The European Coalition Against Unsolicited Commercial Email if you're really that interested.

      --
      ...a fact which for the sake of a quiet life most people tend to ignore ~H2G2
    4. Re:Spam quote the coolest by bryanp · · Score: 1

      Yah, tell me about it. My email account is on runbox.com, which happens to be based in Norway. Hmmm. Methinks I see some interesting fun in my future if this passes. (rub hands together with an evil grin)

      --
      "An unarmed man can only flee from evil, and evil is not overcome by fleeing from it." Col. Jeff Cooper
    5. Re:Spam quote the coolest by MS · · Score: 2

      Sorry, to tell you Norway is not part of the European Union.

  84. I love this by Anonymous Coward · · Score: 0

    from the article:
    "We live in a world where we communicate worldwide and we travel worldwide," Farber said. "If I violate some Australian law and then land in Sydney, do they throw me in jail?"

    Skylarov

  85. the fun part is... by skydude_20 · · Score: 1

    what i enjoy is how non (north) americans push this, then get all pissed off when (north) americans don't care about them trying to upset (north) americans.

    --
    Jesus saves souls and redeems them for valuable cash prizes
  86. If the hosting company thought what was done... by Anonymous Coward · · Score: 0

    If the hosting company really thought what was done, was wrong, they could have just restored the site from backups, and changed the ftp password. The site would have been back on line and the Italian Polize would not have been able to do anything about it.

  87. Amnesty by PatientZero · · Score: 5, Interesting
    It's like claiming amnesty for your ideas rather than your person. You know your ideas will be censored in China, so you host them in a country with laws permitting such ideas.

    In the case of amnesty, you need to be accepted by the country from whom you seek help. Should it work the same for ideas? If you are afraid your ideas will be censored by your home country, get someone in the hosting country to help you by maintaining your site. This way the police would have to act in the hosting company to censor the content.

    So in this case, the Italian citizen should have contacted a U.S. citizen before being caught. The U.S. citizen could then maintain the site, and when the Italian police struck, would have simply fixed the site and changed the password. Then the Italians would have had to fight the case here in the U.S. where our laws would likely protect the content.

    As I understand it, this is exactly what FreeNet is supposed to do without having to formalize a relationship with others to host your content. They host it merely by viewing it a few times without having to stick their own necks out.

    --
    Freedom to fear. Freedom from thought. Freedom to kill.
    I guess the War on Terror really is about freedom!
    1. Re:Amnesty by Buzz_Litebeer · · Score: 1

      This is not an amnesty issue, lets imagine having CNN.com shut down by china because they say anti-china things. By the law used in this example post, it would be the same thing, and legal to sue CNN.com if one of its writers wrote something deemed offensive by china, and if CNN decided to stick by its guns because it felt the story was true. But lets move away from what YOU or I may consider legitemate. Lets say you wanted to make funny Porn involving a fetish revolving say... around the virgin mary. lets say you were an atheist, and cared thought of it only as a source of revinew, the content you produced could be as offensive as you wish, saying you were in america, were freedom of speech is allowed. Then because of a law in another country, which does not value freedom of speech when it comes to religion, decides your site violates their laws which you did not grow up with, vote for, or have anscestors vote for, or congressmen vote for. Then basically your being proscecuted or having legal action taken against you from a law with which you had no representation.

      The true issue here, or what should be the true issue, is not the mere injustice, but as an American (from the United States for those who are idiots and cant read in context), i feel that this falls under having laws without representation. SO what it isn't about taxation itself. The United States of America was begun because of arguments over representation, IE they didn't have any so they decided to govern themselves.

      this is even a huge issue between the united states, people from one state in the UNITED STATES, get angry over being prosecuted by laws that were passed in an entirely different state while in their own home state. To think you could be subject to laws of an entirely different country of which, quite possibly, none of your anscestors have EVER lived in would be outrageous, and outrageous would be too light a word.

      An extridition treaty would not necessarrily apply, because if this person did not break any laws in his own country, and never left the country to go onto foriegn soil. Then he did not commit a crime to be extradited for.

      You could assume and say the internet destroys law bounderies, if that were so then the internet would also need to be goverend by those who use it, not by seperate goverenment groups, and since I have never posted on an internet wide law vote, I do not think that solution is even remotely being currently pursued.

      If you are able to accuse, convict, and enact punishment of someone because of the non-illegal media in their country, then ever media would be subject to such lawsuites. Imagine a fella that posted a Pro Nazi letter that happened to be copied and sent to France, by the reasoning used in the Topic of this slashdot post by the Italian govt., that person could, by all rights, be litigated legally.

      I for one cannot agree with that.

      --
      If you don't vote, you don't matter, so don't waste your time telling me your opinion
    2. Re:Amnesty by luisdlc · · Score: 1

      I have always thought that it is imposible to regulate any hosted 'material' on internet, exactly because if some country 'forbid' it you just host it in another.

      But I also have a more fundamental thought: Why regulate in the first place?
      What you see on the internet is your responsability, Don't like what you see? close the page.

      What our children look or find is part of our responsability, but that's another issue (why are we 'protecting' them from the real world? many people thinks that is this protection what creates the fascination for thing like pr0n, violence, Cowboyneil).

      Why censore something on internet? It is not like any traditional media, you have to SEARCH something to see it. I have never understood this:
      If I host an offending image (whatever it is) legal in my country, and many people in YOUR country whatch it, Am I the guilty one?! WHY? is your people the ones searching/looking the damn thing, if it is a 'bad' thing, they SHOULDN'T be looking it, Am I responsable of THEIR irresponsability?

      I think that the only way to go is to let every country publish whatever they want, you want to regulate YOUR coutnry? ok, is your damn land, but if your people are looking 'forbiden' material, it is YOUR people fault, not the HOSTING SERVICE in another country.

      Disclaimer: This message is not exactly in response to PatientZero's, it is a reply to his/her message just because it, made me thought mine.

  88. Skylarov? by bracher · · Score: 1

    Does the name Dmitri Skylarov ring a bell? The U.S. government thinks it is entitled to prosecute a non-U.S. citizen for acts committed outside the U.S. Why would they not support the same far-reaching power for the Italian government? The U.S. opened a _BIG_ can of worms with the Skylarov prosecution... I've even begun to wonder if I should avoid travel to France, since under French law a website must provide a French version and my employer does not...

    - mark

  89. devil's advoca...no, wait by Jon_Sy · · Score: 1

    OK, from the flip side of the coin.

    Italy is predominantly Roman Catholic... check it out. [CIA]
    and the Roman Catholic lawbook is the Bible...
    and the Bible says all sin and blasphemy is forgivable, except blasphemy against God... check it out. [Bible]

    So from that end, it makes perfect sense to block a website that carries blasphemy against God, instead of say, child porn.

    1. Re:devil's advoca...no, wait by undeg+chwech · · Score: 1

      So why does it all matter? The blasphemer is going to suffer for eternity in hell - why should the Italian police even care about slapping his wrists now?

    2. Re:devil's advoca...no, wait by forkboy · · Score: 2

      because they know that their farce is metaphysically unenforceable and must use muscle and intimidation to keep good Catholics in line lest they realize one day the wool that is over their eyes.

      --
      This message brought to you by the Council of People Who Are Sick of Seeing More People.
  90. Can anyone answer my question? by teetam · · Score: 1
    US officials last year arrested a Russian hacker, apparently because he broke an American law in Russia.

    Does this mean anyone connected with pron can be arrested if travels to a country where it is illegal?

    Will the US government support such an action? Or will we send commandos to rescue them?

    --
    All your favorite sites in one place!
    1. Re:Can anyone answer my question? by maetenloch · · Score: 1

      US officials last year arrested a Russian hacker, apparently because he broke an American law in Russia.

      No, it was because he broke an American law in America by selling his product through a U.S. distributor. In some countries it's not against the law to make and sell opium. However if you were to sell it in the U.S. through a distributor, you would be breaking U.S. law and could expect to be arrested if you ever stepped foot in the U.S.. Skylarov's situation is basically similar to the opium example.

      And yeah, the DMCA (and Adobe) suck.

  91. You miss the point by Prune · · Score: 1

    The point is that the Italian police committed UNAUTHORIZED access on US servers.

    --
    "Politicians and diapers must be changed often, and for the same reason."
    1. Re:You miss the point by t0qer · · Score: 2

      How was it unauthorized?

      Maybe in italy, it's OK to torture your own citizen until they give up a password. They didn't use jack the ripper to break in, the offender probably gave it up in liu of a shorter sentance (note without torture)

  92. Re:We need to respect other countries extridition by lovebyte · · Score: 1

    I don't say that awful things did not happened in Europe in the 40's, but in the USA racism was still legal until the 50's, and the original poster grossly exagerated the melting pot that the USA is supposed to be.

    --

    I'll do it for cheesy poofs.

  93. Re:Cases like this remind me of Swiss bank account by Peyna · · Score: 2

    IIRC: They don't have to report interest and everything else to anyone. Thus, you don't have to pay taxes on your interest, and you don't have to report the money. They may also be insured higher, but I am not certain about that.

    --
    What?
  94. Re:Oh yeah? by one9nine · · Score: 0
    True, but the article was about how Italian police were shutting down blasphemous websites. Now tell me, which religion do most Italians practice? ;-)

    Jackass.

    The joke, which obviously went over yours and also the moderator's head, was that by posting "The Pope Sucks", i.e. something blasphemous, on Slashdot, the police would try to shut them down.

  95. Re:We need to respect other countries extridition by snowlick · · Score: 1

    Think of it this way:

    Imagine a book sitting in the U.S. that had print so large that the people in Italy could read it. It would be a call to war if Italy didn't like the book and replaced its text with something else. What if the book contained kiddie porn? Well, its up to the U.S. to deal with what's in the book, since this is where it is stored.

    The murky area is whether or not to go after the author. I would say that if a law is broken on a country's soil (a server housed there), then the server should get taken down, as well as the author if their country permits deportation. So: the soil the server is on should determine jurisdiction for the server, and the soil the author is on should determine his fate. In that case, kiddie porn servers in a kiddie porn condoning area would be legal throughout the globe. BUT... if someone accessed the kiddie porn servers in a non-kiddie porn condoning society they would be subject to the applicable punishment.

    feel free to replace bold text with whatever pisses you off

    eh

    --
    Crystal Meth: Would you ingest somthing made from a poisonous gas and an explosive metal? You do it every day -- Salt!
  96. too bad you cant write english by Anonymous Coward · · Score: 0

    AmericanS not American's.

    If you're going to be critical, don't look like a fool.

  97. [OT] was:Re:Not really a law issue. by Anonymous Coward · · Score: 0

    hypocrisy, too.

  98. A Better Question by eander315 · · Score: 1

    The Italians obviously have jurisdiction over one of their own citizens. But what if a US citizen (for instance) hosts a mirror of the site in question (in the US), can he/she be arrested if they set foot in Italy? Should we all be more cautious with our online comments and websites to avoid future travel problems?

  99. True? by bheilig · · Score: 1

    Is this true?

    Under pressure from their citizens, governments around the world are increasingly abandoning the hands-off attitude they initially had toward the Internet.

    I mean the part about the citizens pressuring the government for a hands-on policy.

  100. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  101. Squid by Graspee_Leemoor · · Score: 1

    As usual, another news story on there caught my eye and was far more interesting: 60 foot squid washes up on Tamsmanian beach!

    I mean, blah blah fascists police the internet and make their laws up as they go along. Blah blah, but Giant Squid! 60 feet long! That's like, 18 metres!

    graspee

  102. CLIT is teh sux by Anonymous Coward · · Score: 0

    AC's will be around 4eva!!!

    Haha, we got the first two posts.

  103. Re:We need to respect other countries extridition by t0qer · · Score: 3, Informative

    Eh?

    Still though it doesn't matter WHERE it's hosted. What matters is who created and uploaded the content from where, and what local laws they've broken.

    In italy there is hardly and seperation between church and state, the vatican pretty much runs it all. The catholic religion is a very HUGE part of italian culture and to the italians desecrating the virgin is a VERY serious thing. I know this because my family is VERY italian and despite living in the USA we still hold strong to our belief system.

    The thing is, the guy was in his own country when he did the offense. He probably TOLD them his password for a lighter sentance. How is that unauthorized access? It isn't! Shit if I was facing 10 years in the slag vs. 1 year for giving up my password, well then here! **********

    You really gotta understand the culture, we have extridition treaties with italy for a reason. Nothing was extridited though, it italy it's probably leagle to search someones computer. There might be a law giving the state the right to do it, we just don't know because we don't live there. If there is a law like that, it's just a part of living in italy, and being a citizen.

    If american hosting companies are afraid of foriegn goverments doing this to their citizens then they shouldn't do business with them. Simple as that. They should have a big ass bold lettering in their TOS like this..

    We do not provide service to accounts from Italy, Cuba, China, Russia because we do not agree with thier censorship laws"
    Thing is, we're so strapped for cash right now, I think many companies are more willing to make a buck than to fight for some censorship issue.

    my take on it.
    Deal with it.

  104. Re:We need to respect other countries extridition by Anonymous Coward · · Score: 0

    No we do NOT "respect" other country's laws if they are more restrictive than ours. In ALL cases, our US Constitution trumps all other possible laws. No foreign power can negate US citizen Constitutional Rights. Period. We have the right to free speech, get it? That means that I can say "Allah sucks goat dick" or "the 'virgin' Mary (right!) took it in both ends in a threesome many times" and ya know what? Ya cannot prevent me or punish me for saying it because I am in the USofA where even offensive speech is protected. Your laws terminate where my Constitutional Rights start. The LEAST restrictive laws should apply, not the most.

  105. You're being Anglo-centric by Anonymous Coward · · Score: 0

    For all you know, English could not be his native tongue.

    Is everybody on this thread in generalization mode today? (Irony in that question noted.)

    1. Re:You're being Anglo-centric by Anonymous Coward · · Score: 0

      He said he's lived in the USA since birth... it would be hard for him to not have learnt English as a first language, even with foreign parents.

  106. Re:We need to respect other countries extridition by autocracy · · Score: 2

    Well, I think they're welcome to use his cached password to login and remove the site if it's available. Of course, trying to hack the server just isn't right, and neither is demanding its removal.

    --
    SIG: HUP
  107. Link to copy of site by Animats · · Score: 2
    You can still see it, but I don't read Italian well enough to get much out of it.

    Unfortunately, Google translation and Internet Archive link adjustment don't interact well, but with some work, you can read it in English, more or less. It doesn't translate well.

  108. Re:We need to respect other countries extridition by t0qer · · Score: 2

    Hey, like I said.

    #1 The Italian police action was probably legal in italy.
    #2 By living in italy, the guy automatically is under italian law and his rights are dicted by that goverment
    #3 I wouldn't put it past him to have given his consent to access the system in liu of a lighter sentance
    #4 How is this disrespecting any american law?
    #5 If american hosting companies don't like these coutries laws, why don't they turn away their business?

  109. You're right. But hey... isn't *hacking* illegal? by RexDevious · · Score: 1

    If they essentially hacked a website to remove content that is illegal in their country, perhaps someone should remind the Pope that hacking is illegal in the US. In fact, doesn't it now carry a life sentence here? Because John Ashcroft sez, "hackers = terrorists". Opps. How does the Bu$h administration decide between "protecting the homeland" by jailing hackers, and mandatory religion when it's the church doing the hacking? Perhaps he should just eat another banana, and go back to ruin the US economy...

  110. Re:We need to respect other countries extridition by Maeryk · · Score: 2

    Blue Gravity's chief executive, Tom Krwawecz, said the company was never informed. And he believes U.S. laws -- not Italy's -- ought to apply.

    I don't think so...


    If he really feels that way, he should just put the site back up, eat the hosting fee, and vote with his resources.

    Its ridiculous to assume that one porn site getting changed is going to cause the US to throw a political molotav at Italy. But, I *would* be willing to bet there are going to be dozens of sites springi8ng up shortly that feature "madonna porn" (like the "sex" book, right? When she had the hairy armpits? and the fake mole?)

    Maeryk

    --
    Feminine Protection? What is that? A chartreuse flame thrower?
  111. Jurisdiction by autocracy · · Score: 2

    I think this can be solved easily: no person may be prosecuted by a country for (non-physical) crimes committed against the laws of that country while not within it's borders. Of course, if you stand at the Canadian side of the border and shoot a US guard - well that's a whole other story (hence the "non-physical" clause, where physical can be defined as an action that does not leave 'meat-space' :)

    --
    SIG: HUP
    1. Re:Jurisdiction by SofaMan · · Score: 1

      I wonder though - What if I was standing at the Canadian border and shouting obscenities, or exposing my genitals, such that what I was doing could be considering Disturbing the Peace, Indecent Exposure or suchlike, and that could be perceived by someone in US territory?
      Could I be held liable under U.S. law for something of this kind? This case seems to me like only a higher-tech version of this scenario.

      For the record, I in no way approve of what the Italian goverment has done here; it is clearly a violation of national sovereignty. But would a non-electronic/non-meatspace violation like the one I detailed above fall into the jurisdiction you describe?

      --

      SofaMan -- Occasionally Battling Evil With His Mighty Powers Of Indolence.

    2. Re:Jurisdiction by autocracy · · Score: 2
      Well I would say both of those stayed in the physical medium. Unless of course your genitals went through a copper wire on the way to my eyes...

      --
      SIG: HUP
  112. What the...? by beleg777 · · Score: 1

    How did this get modded up? Yes, you disagree with how the Italians do things, and their laws. We all know that Italian law is different than American law. The only real issue is if Amarican law or Italian law applies.

    --

    Science may someday discover what faith has always known.
    1. Re:What the...? by Krow10 · · Score: 2, Insightful
      Blockquoth the poster:
      How did this get modded up? Yes, you disagree with how the Italians do things, and their laws. We all know that Italian law is different than American law. The only real issue is if Amarican law or Italian law applies.
      Because religious liberty (and the right to religious dissent) is a moral issue rather than a legal issue? Religious bigotry is religious bigotry even if the local culture is dominated by a bunch of religious bigots.

      -Craig

      PS - Yes, I have no problem judging another culture.
      --
      Corollary to Clarke's Third Law: Any technology distinguishable from magic is insufficiently advanced.
  113. Conflicts? by Cryptosporidium · · Score: 1

    What occurs when there are conflicts between the laws of the two countries?

    Let us say, for example, Siliconland requires that all hacked computers be sent to the National Siliconland Computer Forensics lab for analysis. However, Synapseland requries that all hacked computers be destroyed immediately in the interests of national Synapseland security. If a webserver in Synapseland was hosting data of a Siliconlander, and the webserver had its data hacked, whose laws would apply?

    Using the Italy/US scenario of cross-border situations, whose laws take precedence? The country hosting the content or the country that produced the content? (Country being short for country of the individual.)

    1. Re:Conflicts? by silicon_synapse · · Score: 1

      In your example Synapseland would have every right to destroy the computer. Siliconland has no rights to the box but can have free reign on the siliconlander if he had broken any laws.

    2. Re:Conflicts? by Stephen+Samuel · · Score: 2

      I think that in a case like that, posession would rule: i.e. the machine is in synapseland so if they wanted to destroy the box, they would get first dibs (unless they had an extradition treaty with siliconland). On the other hand, siliconland would, at least, have the ability to make a copy of the hacked computer at NSCF lab for analysis. (or whatever it's possible to do remotely from siliconland)

      --
      Free Software: Like love, it grows best when given away.
  114. Re:We need to respect other countries extridition by snowlick · · Score: 1

    We need to define a territory of jurisdiction for computers. They are increasingly more intelligent, and I imagine a set of laws more convoluted than god being enacted to control them.

    Anyway, what if the server was co-owned by an American? Say the guy in Italy bargained his way out of a long sentence by revealing their password. In the process he also bargained away what was the other guy's right as an American to post that stuff. The Italian police then decide to use Italian laws on the American's half-owned property by defacing the site. Once the Italian is in jail, the American reposts the stuff. What have the Italian police accomplished on the net? Nothing at all. What if the guy didn't change the password and the Italian police deface it again in accordance with the precedent?

    eh

    --
    Crystal Meth: Would you ingest somthing made from a poisonous gas and an explosive metal? You do it every day -- Salt!
  115. Whats the fuss? by Maeryk · · Score: 3, Funny

    If people REALLY wanna see Porn featuring the Madonna, they can just hit amazon and pick up that awful coffee table book she put out a few years ago!

    Maeryk

    --
    Feminine Protection? What is that? A chartreuse flame thrower?
  116. Re:We need to respect other countries extridition by beanyk · · Score: 1

    In italy there is hardly and seperation between church and state, the vatican pretty much runs it all. The catholic religion is a very HUGE part of italian culture and to the italians desecrating the virgin is a VERY serious thing. I know this because my family is VERY italian and despite living in the USA we still hold strong to our belief system.

    Without intending any personal offence, what you say about Italy could be said about Ireland also (well, except the Vatican stuff). But as a "zeroth-generation" Irishman living in the U.S., I've noticed that Irish-Americans tend on the whole to be much more conservative and old-fashioned than people actually *living* in Ireland. That's a broad, sweeping statement, but decendents of emigrants get nostalgic about "the homeland".
    So *if* your family has been in the U.S. for a generation or more, you may find their beliefs and attitudes not very representative of Italians.

    Apart from that, I'm with you 100%.

  117. US Law does not apply in Italy by DaytonCIM · · Score: 1

    "Under pressure from their citizens, governments around the world are increasingly abandoning the hands-off attitude they initially had toward the Internet. They are now applying their laws far beyond their borders -- thanks to the borderless medium."

    It is not for the US or any other nation to dictate to another country or culture what is right and what is wrong. If the people of Italy do not want these web-sites inside their border, then they have EVERY right to shut them down.

    No matter if a US site is protected by the US Constitution. The US Constitutions DOES NOT apply in Italy. It is their inherent RIGHT to exercise their rights.

    Just because something is legal here in the US, doesn't mean it is legal, or RIGHT everywhere else.

  118. Re:We need to respect other countries extridition by Hallow · · Score: 2

    Racism is, and always will be, legal in the United States. The government can't control how people think, the most they can do is try to influence it through public policy. Acting on that racism in a discriminatory manner is for the most part illegal though.

    I say for the most part because it is still, and will probably always be legal, to turn away someone at your door asking to use the bathroom, phone, etc., based on their race, eye color, whatever the hell you want.

    And if you want to continue to pick on the U.S. about this, just look at South Africa and apartheid for a much more recent example.

  119. Re:We need to respect other countries extridition by GryMor · · Score: 1

    The crime wasn't just perpetrated against the original creator of the website (whom the Itallian government, unfortunatly, may have the ability to censor), it was perpetrated against the hosting company. Last I checked they still owned their equipment, ne? Last I checked most contracts for hosting are rather clear about who is authorised to login and make changes and the extent to which they are authorised to make changes. So, a crime was perpatrated against a US company and it's computer assets by members of the Itallian police. Those crimes have both civil and criminal remadies, I urge the hosting company to look into persuing a case against the Itallian police (I also urge other countries to do the same against the US government when it assaults their citizens and companies).

    Now I guess I better go email the hosting company.

    --
    Realities just a bunch of bits.
  120. SCORE!!! by jbridge21 · · Score: 2

    Thanks so much, I had been totally unable to find the URL. This will be going into the archive ASAP. Check my sig for the link.

    1. Re:SCORE!!! by linzeal · · Score: 1

      I love you and your censored mirrors.

    2. Re:SCORE!!! by Snaller · · Score: 2

      I love it too, i just learned a great new word: pusillanimity - lol, the guy didn't even realise he was being insulted *G*

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  121. I submitted a defacement report by mangu · · Score: 2
    I just sent this email to defacedATalldas.org:

    The Italian police ("Guardia di Finanza - COMANDO UNITÁ SPECIALI") has forcibly changed the contents of the site www.porcamadonna.com. While this is not the usual kind of defacement, I think it should count as such, since the site is in the USA and the change has been done by the Italian police from Italy, without following the due procedure of the laws of the USA.

    As an illustrative example, suppose the site www.duetorrivolley.it, which you mention in your defacement mirror, has been defaced by someone in a country without any laws regarding the subject. Would the fact that the act of defacement were not illegal stop it from being a defacement?

  122. It'll boil down to favor trading not points of law by FreeUser · · Score: 4, Insightful

    Let's change the data in the scenerio. Let's say that the files in question belonged to a company, or even a political group. Would it be legal for the Italian Police to change/move/delete files from another organization, because they consider it a violation of their laws?

    Let's make it even more interesting.

    The Vatican is recognized by the UN as its own country, has its own police force, etc.

    If I put up a site detailing the sex crimes of Catholic priests, along with pictures, name, and addresses of the perpetrators (and their governing Bishops who are covering up these crimes), and the Vatican decides doing such is against their law, can they break into my machine (hosted in the United States) and vandalize my content?

    How about if, instead of an American citizen, I'm a catholic priest with Vatican 'citizenship', with the content hosted on the exact same machine (in America). Does an illegal break-in become legal simply because the citizenship of the data's owner happens to be non-American. Somehow, I think not.

    I suspect the decision not to extradite the Italian police officer in question will have for more to do with politics (and favor-trading in this 'war against terror' hysteria we're in) than it will any points of law, fine or otherwise.

    --
    The Future of Human Evolution: Autonomy
  123. interesting quote by trelaneopn · · Score: 2, Interesting

    "We live in a world where we communicate worldwide and we travel worldwide," Farber said. "If I violate some Australian law and then land in Sydney, do they throw me in jail?"

    Ask dimitri, I believe he would have an interesting commentary on this, or the russian government which has issued a moratorium on travel from russia to the united states for programmers due to fears of similar breaches of freedom.

    --
    a bit more about me http://www.advogato.org/person/trelane/ or my private page http://trelane.net
  124. Now shutdown /. by Anonymous Coward · · Score: 0

    Fuck the pope in the ass do dah do dah
    Fuck the pope in the ass oh do dah day.
    Cmdrtaco sucks his dick do dah do dah.
    Cmdrtaco sucks his dick oh do dah dah.
    Pope John Paul is gay
    He is so Gay!!!
    Cmdrtaco and Pope John Paul doing the 69 today.

    If I don't burn in catholic hell for that then there is no god.

  125. A rambling response.... by Sgt+York · · Score: 1
    Well, of course I think that my beliefs are correct.

    If I thought otherwise, I would alter my beliefs.

    If challenged, I will try to convince others that I am right. I also fully expect others to do the same. It's not that I think there is no chance that I could be wrong, it's just that I have reasons for thinking the way I do. If an opposing view has rational arguments that refute the foundations of what I believe, then I will alter my way of thinking.

    I am an American, and although I cannot speak for all of my fellow countrymen, the vast majority of the Americans I know feel the same way. Oddly, some of these same people hold the same belief as you.

    I agree that many Americans think the way you described. But so do many French, Brits, Indians, Russians, Chinese, and Australians.

    The difference is not so much in the thought processes, but the actions that follow. Americans talk. If we think a certain way, we say so. Other people just think "God, what a thick headed moron". Americans say "God, you're a thick headed moron." Insensitive, yes. Patently offensive, most likely. It's just as offensive as the other method (smile & nod) is deceitful.

    --

    There is a reason for everything. Sometimes that reason just sucks.

  126. We need your help trolls! by linzeal · · Score: 1, Troll
    Not mirroring content but I'm sending a nice "slanderous" email to the Italian Police and the Vatican.

    Form to contact the police, can anyone dig up a list of real email or fax numbers for police in Italy?

    pope's email

    If some nice troll could come up with a nice "form letter" I'm sure more people would participate.

  127. figures by neoThoth · · Score: 1

    it's no wonder they didn't get any of the other images on the site (which can all be reached by doing a google search).
    if they had access why not just rm -f * the web directory??

  128. troll.. move along by Anonymous Coward · · Score: 0

    Those fuckin greasy guido's will pay!

  129. Re:We need to respect other countries extridition by fire-eyes · · Score: 1

    Being that the USA is a melting pot, we have been taught to respect the belief's and values of other cultures.

    That is also why we get walked on, such as here, too much.

    In this case, why can't THEY respect OUR laws as well? What should have been done was the ISP contacted, not the account used without permission.

    This is horseshit. Time for some respect BOTH ways.

    --
    -- Note: If you don't agree with me, don't bother replying. I won't read it.
  130. Re:We need to respect other countries extridition by t0qer · · Score: 1

    Yes but because the USA has extridition treaties, we must allow italy to uphold the law on their citizens when they commit a crime either on, or from their own soil.

    Until there is some sort of ammendment that states otherwise, a vote, whatever then this will be the policy in these post 911 times. Last time I checked, we have a ton of air bases over in Italy, not to mention it's not too far off from those 747 hijacking, world trade center destroying, cocksucking terrorist.

    It's politics. Sometimes you have to choose the lesser of two evils to accomplish a task. In this case, I think it's in USA's best interest not to put up a stink about it. We need Italy for it's intellegence, location, and natural resources as much as they need us for our technology.

    Think about the Church/State goverment they have over there with the vatican for a second. How many people in the world are catholic? How many would tell their priest during confession something that might help catch osama bin laden? Maybe they have some ancient book on alien technology that we use today, who knows? Point the vatican is a HUGE intellegence gathering device.

    There's a big picture in all this, and that's if it really makes you unhappy, go out, lobby, change stuff. Me for the most part, knowing what an assett Italian air bases are to USA soil, and my catholic religion, I can really care less about this guy.

    Speaking of which, which is politically correct? Your view? Mine? Italies? It's all a matter of perspective really. Each one is entitled to that. This was an italian citizen, not an american where you ARE entitled to our privelidges and freedoms. He tried to circumvent the law to break it in his own country, what makes you think he's going to have a better respect for our laws here?

    Blam +5x2 today w00t w00t

    --toq

  131. Re:We need to respect other countries extridition by jefu · · Score: 1


    As a free speech advocate in general, I don't believe that kiddie porn, explosives recipies, blasphemy or much of anything else should be censored.

    Do I like all these things? No. But I do believe that the proponents of censoring them are both missing the complexity of the problem itself and its implications for the internet as a whole.

    After all, if the Catholic church (via the Italian constabulary, or even using Vatican rules (after all the Vatican does claim to be an independent state)) can censor what it wants, anyone who disagrees with Catholic doctrine should be able to censor the Catholic church.

    The notion of a contentless internet - sending only informationless messages around (probably all
    one bits) is intriguing in its own way.

  132. Re:We need to respect other countries extridition by jasonisgodzilla · · Score: 0

    exempt them no, but hack their server? There is a thing called due process and most nations have some variant of this. It basically says, if you are doing something wrong, we will take you through the appropriate legal channells to let you prove otherwise or make you stop. What they did was throw this concept out the window and take vigilante action.

  133. Re:We need to respect other countries extridition by Anonymous Coward · · Score: 0

    Free speech means I can say fuck the police, the pope, jesus christ, and the motherfucking easter bunny. Are all Italians this brainwashed?

  134. Sklyarov's case by L-Train8 · · Score: 2

    Sklyarov's case was something entirely different. He didn't commit any crime, he only sold a tool that could be used to commit a crime. Arresting Sklyarov was like arresting someone for selling a kitchen knife.

    Actually, under the DCMA, he did commit a crime. It is a crime to sell or even distribute a program that can be used to circumvent any type of copy protection. What we got up in arms about is not that Sklyarov was a Russian who was arrested in the US because of something he did in Russia. What we got up in arms about was how messed up the DCMA is. It criminalized selling the kitchen knife.

    --

    Don't forget that Friday is Hawaiian shirt day.
  135. World's biggest secret? by Benjaman+McFree · · Score: 0

    When the catholic church was "divided" and "split", there was really no split that occured, but rather they sent there own people out to preach the same "justified by works" messages to all the other churches.

    5. Even so then at this present time also there is a remnant according to the election of grace. 6. And if by grace, then is it no more of works: otherwise grace is no more grace. But if it be of works, then is it no more grace: otherwise work is no more work.

    1. Re:World's biggest secret? by Benjaman+McFree · · Score: 0

      So what I'm suggesting is that all these other churches were started by former catholics and there is a very good reason that those spiritually inspired works are kept behind lock and key. The truth is the reason God's works were preverted is because they felt it would be better for the economy if liberalism and jewish controlled tv would put things right, LOL.. how very *wrong* they are!!

  136. CC them all by Anonymous Coward · · Score: 0

    TOS Abuse: abuse@bluegravity.com
    Billing: billing@bluegravity.com
    Domain Additions/Changes: domains@bluegravity.com
    Domain Registrations: domainreg@bluegravity.com
    Sales: sales@bluegravity.com
    Customer Support: support@bluegravity.com
    Webmaster: webmaster@bluegravity.com

  137. Is this what Jesus would have done? by Anonymous Coward · · Score: 0

    Any Bible scholars out there?

  138. One more word by ThufirHawat · · Score: 1

    This is news because, in spite of the PC drivel about the USA being a multicultural country, the dominant culture (GW and his poodles, CEOs, University deans) is without doubt Protestant.
    Like the silly English show very often, Protestants will do what they can to belittle Catholics. It so happen that illiterate {US literacy being lower than in the European Union] TV-brainwashed Amerikans think Italy a backward Catholic country where everybody goes to church and eats a bit of corn at the farm while singing "O sole mio". The poor sods would be shocked to know that Italians have by now overcome the Catholic Church domination and enjoy a standard of living far superior to Americans, if measured not by GNP, but by how many people live below the poverty line. In most Sicilian towns there are far less murders than in Houston...In Texas hordes of religious fanatics go to church every Sunday [and I have seen it with my own eyes], not in Italy...
    Notice GW usage of the words: God, bless, etc.
    No European head of state would dare to make these religious references, precisely because in all EU countries there is a separation [my spelling of this word is right, most of the Americans in this thread got it, however, wrong] between State and Church.
    2. On the issue of jurisdiction, there is at present no consensus on what can or cannot be done in many cases, so much so that authoritative voices in the US (e.g. Prof. Goodman at GeorgiaTech) have stated clearly that without a new international treaty there is no way we can effectively fight cybercrime.

    To sum it up: Italy is not what CNN/Fox/The NY Times masters of deceit make of it and as to the legal issue, there is at present lots of fog.

    --
    Thufir Hawat
    Part-time Mentat
  139. US threatening my website by m00nun1t · · Score: 5, Interesting

    I'm facing a similar situation. I run a web site (been live since Feb 96) which has a bunch of games, primarily aimed at small kids. It's hugely popular (1000's of unique users/day), I pay for the hosting myself and I just keep it up to bring a little happiness into the world. I live in Australia.

    Recently, I've been contacted by the FTC in the USA saying my site is not compliant with some new legislation called COPPA - the Childrens Online Privacy Protection Act. I replied to them, pointing out that I was resident in Australia and this was reflected in the WHOIS record for my domain. I got a personal (ie. not form letter) response from one of their lawyers, basically saying they don't care where I live, and the legislation explicitly mentions non-resident sites (with some fairly vague caveats: http://www.ftc.gov/privacy/coppafaqs.htm point 20).

    They have since started sending me snail mail (based on my whois record) with friendly messages encouraging compliance, but making it very clear they are watching me.

    While I applaud COPPA and support its principles, I do resent being legally threatened by another countries government.

    At this point, I have chosen to remain non-compliant. I don't do anything explicitly "wrong" under the act, I don't sell kids email addresses (from an e-card page), etc. But I haven't complied to their privacy policy requirements. I want to see what they do and how far they take this. At the end of the day, compliance is a trivial task and if they get really nasty, I can become compliant in 30 minutes. But it's the principle - I'm Australian and I'm not interested in the laws of another country. I'm sure /.ers understand that (even if they don't agree with my actions).

    1. Re:US threatening my website by Snaller · · Score: 2


      Good on you!

      What's the website?

      Interesting the other way: The disney web site was breaking a Danish law, and some over enthusiastic dane tried to get them to change and they told him, probably politely, where he could go put himself..

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    2. Re:US threatening my website by Zocalo · · Score: 2
      Maybe you should try pointing out to them the *huge* number of websites that are hosted by US citizens, on US soil that are still operating despite being in contravention of another country's legislation. Request that they explain why the US government is not practicing what it preaches before you will even consider complying.

      You could then suggest that they adopt a more internationally friendly attitude to sites like this and take the approach adopted by the Chinese, Saudi's and *Taliban* by firewalling off the sites their country considers undesirable at *their* borders. They won't, of course, because the backlash by US netizens would be prolific to say the least (although with George "McCarthy" Bush" in the Whitehouse, you never can tell). It might give them pause for thought though.

      What *is* the URL by the way? I have some small kids in my family that might like to pay a visit, or do you fear the Slashdotting? ;)

      --
      UNIX? They're not even circumcised! Savages!
    3. Re:US threatening my website by m00nun1t · · Score: 1

      I do fear the slashdotting frankly :) I generate a fair bit of traffic (15Gb/month or so), and have troubles getting reasonably priced hosts who offer the features I want and don't mind the bandwidth. Basically, I don't want to piss off my hosting company - I really like my current host.

      But, since this story is getting a bit old and this will probably be moderated below most peoples settings (please - no higher than 3!), it's http://www.groovygames.com/kitty/, based on the Japanese character Hello Kitty.

  140. Those who are ignorant of art history repeat it by wytcld · · Score: 1, Troll

    A major theme of Christian - particularly Catholic - religious art over the centuries is the sexualization of the Infant Jesus. Why do you think so many of the priests are getting into young boys. There may be no clearer case of a link between the contents of artistic expression and truly repulsive, criminal behavior.

    The sexualization of Infant Jesus occurs as a displacement of the sexuality of Mary. The site that was defaced by the Italian police, by resexualizing Mary, was bring sexuality back to its healthy focus and helping save future generations of young boys from priestly predation. This good work must be continued. Government repression of the resexualization of Mary leads indirectly to child rape.

    But then, considering the state of most state schools, whether in Italy or here, that's what government, at least metaphorically, is largely about anyway. We must reclaim Eden, reject the cannibal rites of Rome, and cease devouring our young in the name of a Mary robbed of a sexuality which shone even to God - that being her triumph.
    ___

    --
    "with their freedom lost all virtue lose" - Milton
  141. Re:It'll boil down to favor trading not points of by Anonymous Coward · · Score: 0

    If I put up a site detailing the sex crimes of Catholic priests, along with pictures, name, and addresses of the perpetrators (and their governing Bishops who are covering up these crimes), and the Vatican decides doing such is against their law, can they break into my machine (hosted in the United States) and vandalize my content?

    Do you live in Vatican City? If not, then the Vatican powers and police have no jurisdiction over you. If your computer is hosted in Vatican City, then maybe they would be allowed to shut it down - but they couldn't stop you hosting your own site on US soil, as a US citizen.

    How about if, instead of an American citizen, I'm a catholic priest with Vatican 'citizenship', with the content hosted on the exact same machine (in America). Does an illegal break-in become legal simply because the citizenship of the data's owner happens to be non-American. Somehow, I think not.

    It's not 'legal because you happen to be non-American', it's legal because you're under Vatican jurisdiction. If you lived in Taiwan with your Boybanging-tracker site hosted on a US machine, the Vatican couldn't do a damned thing to you or your site.

    Well, legally... perhaps the vatican will begin employing dodgy 16 year olds to break in a deface websites with the word of God.

    Slashdot: News for Nerds, and God loves you!

  142. What have you been smoking? by Anonymous Coward · · Score: 0

    I want some of that shit!

  143. Just some more words by Anonymous Coward · · Score: 0

    It seems a clear case of criminal prosecution. The criminal was caught and his possessions seized by the local authorities. Including access to the criminal web site which was, in the eyes of the local authorities, de-criminalised.

    Perhaps its another sign that a single world law needs to be crafted. Maybe even a single world government. Conflict exists when there are two sides after all. And this world could do with a little less of that right about now.

  144. Re:We need to respect other countries extridition by t0qer · · Score: 2

    Yeah I totally agree with you...

    Being 4th generation here, there is a level of "detatchment" I feel from my older relatives. I do sometimes try and really overplay the whole italian thing, sort of a machismo if you will to fit in with them.

    Funny how humans act to fit in with their families isn't it? Actually though, because i'm a techie and not a farmer or a tradesman i've managed to even further detatch myself from them.

  145. Re:We need to respect other countries extridition by Anonymous Coward · · Score: 0

    You've obviously never actually been to the United States. When I travel to Europe, I am completely astonished at how openly bigoted so many people are -- things you would never hear even the most backwards redneck in Appalachia say are de rigeur in many European towns.

    Oh, and as for the "if one can call it that" remark, do you realize how bigoted that makes you sound? Only on Slashdot is ignorance modded up depending on the nationality of the poster.

  146. Re: Might makes Right... by Anonymous Coward · · Score: 0

    The world may not be fair, but I for one plan to leave it alive.

    Mars, here I come.

  147. Italian Polices action by Anonymous Coward · · Score: 0

    Leave this to lawyers to deal with

  148. Re:We need to respect other countries extridition by t0qer · · Score: 2

    Were you even born in 1950? I wasn't, shit I wasn't born till 1973, in San Jose california of all places.

    I know some of my elders are pretty racist. I have a Great Uncle (grandpa's brother) who's nicknamed "Crazy Horse" for good reasons, I.E. everyone thinks he's crazy.

    I went to our fruit stand one day to visit, we were standing out front watching the cars pass back and forth into and out of the community college drinkin a soda. Year was 1988 I think.

    "Look at all these god damn gooks coming over here!!! The goverment is paying for them to get educated, they're going to take over!!" and "You worthless peice of shit, you better get in school if you don't want San Jose turning into gookland!" He went on berating me for not going into a trade and how it would be my fault for letting the gooks take over.

    Well, neither me nor my father or uncles share that view. Point is, maybe SOME people from the 1950's and before were are that way. In my family, we only had 1 jackass like that, maybe a few secretly racist and the rest didn't give a shit. The ones that kept it secret didn't pass it to their kids, the ones that didn't give a shit didn't pass it to their kids, and the 1 member that was actively and openly racist alienated himself from his own kid, she couldn't fit in with the rest of the family when nobody wanted her or her parents around. She rebelled, she's not a racist, nor is her 1/2 mexican son.

    Yes some people in USA were pretty bad, but it's not like that anymore. There is still some racism, but people now have a recourse against it which is a good thing.

  149. The site admin thinks US laws apply? by alizard · · Score: 2

    Why doesn't the admin simply replace the site content with the original (he does have a backup?) and announce that the site was subject to unauthorized breakin, that the original content is replaced, and unless he gets a request from the owner in person at the ISP to take it down, to insure that the owner is doing this of his uncoerced free will, that it's staying up for the rest of the time in the original service agreement.

  150. what about decss? by glsunder · · Score: 2, Insightful

    Sooo, do you really think US laws should be exclusively applied to the internet? How far did the US govt go shutting down decss? The US govt will bend over and grease up for the corporations, so whats so surprising about the Italian govt playing alter boy for the church? I can guarantee you that the Catholic church will be here alot longer than the RIAA or M$ or any other corporate entity, after all they are one of the most successful & long lived organizations in (modern & less than modern) history. It's sort of like democrats and republicans arguing who's more corrupt, the answer is d. All of the above.

  151. You can't force your morality on someone else by Anonymous Coward · · Score: 0

    ...but isn't saying that you can't force your morality on someone else saying that forcing your morality on someone else is WRONG, which is a moral judgement? So, if you tell me that I *must* do that, aren't you forcing your morality on me? Isn't the goverment forcing it morality on me by telling me I can't kill people? Or is it actually objectively wrong to kill people? But what about the Aztecs? They had human sacrifice as part of their culuture. What it wrong for them to do that? Or is morality just what the goverment says is wrong? In which case, isn't every country's morality right? Which means that it may be wrong for you to kidnap and kill children in the US, but not Sealand. Which means that acting morally depends upon your X,Y coords on the globe. That makes sense...

  152. Act of War by Lothar+0 · · Score: 3, Funny

    That the Italian government interfered with data on a server in this country, and put their official insignia, without permission, on a U.S. website is just that - an invasion on our soil and an attack upon one of our most protected civil liberties. I shake with rage when I see this site and the blatant invasion of our soverignty.

    Glad I'm not President, or else I would have bombed Rome upon first mention of this incident.

    --
    "Anonymous Coward" is for whistleblowers, not unpopular opinions.
    1. Re:Act of War by Anonymous Coward · · Score: 0

      Glad I'm not President, or else I would have bombed Rome upon first mention of this incident.

      Don't worry, you sound like just the type of FUCKING RETARD who would one day be elected President.

      You'll get your chance.

  153. state sponsored cyber-terrorism by Anonymous Coward · · Score: 0

    so that sounds alot like a web defacement to me, isnt that what we're calling cyber terrorism these days...

    so is the Italian government now sponsoring terrorism?...

  154. The problem is that Nation States are obsolete! by Newer+Guy · · Score: 2, Insightful

    This world has to start thinking like one earth! National boundaries are made by MAN not god! Radio signals don't stop at them. Water doesn't stop flowing natually by them. Same thing for air, sound, and 1001 other things...one being the Internet. Most problems that our earth has today are GLOBAL in nature. The concept of nation states is a throwback to an earlier time before the discovery of radio and other instant means of communication and before airline flight made our earth so tiny. The whole concept is obsolete and should be scrapped. Alas, we all know that that simply won't happen unless and until something threatens the entire earth on a global scale.

  155. Re:We need to respect other countries extridition by Shelled · · Score: 2

    Being that the USA is a melting pot, we have been taught to respect the belief's and values of other cultures.

    and

    The laws in other countries differ, you can marry as young as 14 and still be legal. Should we exempt someone dealing in kiddie porn just because their site is offshore? No! Of course not.

    sound contradictory to me.

  156. Where Is The Limit Drawn On Speech? by hsgs · · Score: 2, Interesting

    Maybe I'm being naive but it seems that we Americans are quick to challenge the cultural sensibilities of other nations based on our own. But yet at the same time we embrace difference we enforce a defacto cultural intolerance for discrimination. For example I know I can be fired at work for any discriminitory speech or action towards any group (and I'm guessing, though I haven't seen it, that the things that were on that web site would get me fired). In the end there seems to be no difference. I guess that it just doesn't bother me. He, as an Italian citizen, broke the law in Italy. His "intellectual property" was confiscated (just like you'd confiscate any illegal information in the US) from the country in which the crime was commited even though it actually resided in another country. I guess I just disagree that there are additional dangling social implications.

  157. Re:We need to respect other countries extridition by t0qer · · Score: 2

    Well DUH if you cut and paste like that. Maybe if thats all I said. My comment was a little more detailed than that!

    There are certain laws in the states to protect people, they just aren't in place in italy. Italy as an ally we have treaties with, is respected. They are allowed to run their own country how they want it. You don't see USA invading their soil do you?

  158. What blasphemy? by Animats · · Score: 2
    I've been looking through the archived version of the site, and can't find anything blasphemous. I did find a poem against tax collectors, and it was the Italian Fiscal Police (their IRS) who shut down the site.

    There are gross GIF animations, mostly from other sites. There's some "gay pride" stuff. There's some tacky porno. There are little stories and poems. Babelfish translations don't help much; it's colloquial Italian with sexual content, like this:

    • Arrived E' the day that the angels wait for for all the year, the day of derby the Paradise-Eden. The gremito stage e', all the nuvolette occupied. The goleador they are S.Pietro from a part and S.Paolo from the other. God, sees all, it knows all, and therefore ago the arbitrator. I hiss of beginning, after a quarter of hour of study, S.Pietro is unmarked in front of the door avversaria,tira... GOOOL! The stage e' in delirium. Paradise 1 - Eden 0 After 10 S.Paolo minuteren from the other part marks of head. 1 to 1. It is gone to the rest on this result. The squares re-enter and after 20 minuteren and she is arrived to 2 minuteren from the end without great emotions. To the last minute of S.Pietro game it takes the ball centrocampo, one unmarks to all the adversaries, e' only in front of the door, pulls... POLE!! S.Pietro watches the ball that blinks on the pole and urla: "and PORCODIOOOOOOOO" Hush of ices a cove in the stage. God knows all, has seen all and it calls it to se' with urgent voice: "Peter, you come" Peter here begins to farfugliare something in order to justify itself: "But, Getlteman, I did not want, I know, the foga agonistica.." "PETER, YOU COME" "Getlteman HERE, I I did not know neanche that a word existed of the sort, I do not know what e' capitato to me..." "PIETRO;VIENI QUIIIIIIIII!!!!" Peter tuona God Then approaches itself low head, and when e' arrived God he says to it: "Peter, but PORCAMADONNA(.com), but like makes itself to mistake a shooting similar????"
    I think this implies St. Peter doing something sexual, but it's hard to tell.
  159. Re: How does this play with RIAA? by NetBoy · · Score: 1
    Let's assume the police got the password
    and account right off the user's computer.
    Serves him right, if you ask me, but that is
    all intra-Italian. His web service provider
    can only know the user by password and id.

    If, OTOH, they ran some sort of cracking routine
    against the web site here in US, then it would
    be a whole different matter. Would they run
    afoul of the Patriot Act? Would they claim
    immunity like the RIAA wants for hacking anyones machine?

    Would US administration and justice dept have
    the skills and inclination to take it up? Get
    real, they'd take the side of the Italian police,
    and make up some nonsense here, enough to
    pull the plug on the ISP if he whimpers. That
    takes just about nothing now.

  160. Brown-nosing? Why? by PW2 · · Score: 1

    >>American's are, in general, Ameri-centric assholes.
    >>I should know. I live here. I have since birth.


    and to of all people, Europeans!!!

    :>

  161. Daily Rotten had this story... by thogard · · Score: 2

    When the Daily Rotten ran this story last week or so, they had a link to the site and the site seemed to be a pr0n linkage site. It might have been illegal for other reasons.

  162. Oh yes... that really helped! by Snaller · · Score: 2

    .... not - perhaps i should check back when i learn italian :)

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  163. I suppose... by newestbob · · Score: 0
    ...if I worshipped a PLASTIC god on a WOODEN STICK then I, too, would be very defensive about it!

    Imagine G-D getting a woman pregnant! And sending down a messiah so lame that he didn't get it right and a "second coming" was needed!

    Not to mention the idol-worship, and the deification of human beings.

  164. Re:We need to respect other countries extridition by dvdeug · · Score: 2
    I don't say that awful things did not happened in Europe in the 40's

    You said

    Britain, France and most other European countries prohibited slavery, racism et al. at least 150 years ago

    When in fact, they committed horrible acts of racial genocide less than 60 years ago.

    the original poster grossly exagerated the melting pot that the USA is supposed to be.

    And you greatly exagerate the purity of Europe. In Northern Ireland, people are killed over thier ancestory and religion. Many European nations have citizenship by blood; it's not good enough to born and raised in the country, if your parents were immigrants. Germany and Scandinavia fight continuing wars against neo-nazis. In France, synagogues have been burned. A quote from The Washington Times:
    The war [WWII] did not eliminate anti-Jewish sentiment. Less than a year ago, a survey showed that 24 percent of all Austrians would "prefer" to live in a country without Jews. And even in supposedly neutral Switzerland, a survey reported by the BBC "indicates that 16 percent of Swiss people are fundamentally anti-Semitic, while 60 percent have anti-Semitic views."
    The rest of that article is eyeopening, too.
  165. Mama Mia! by newestbob · · Score: 0

    ....thatza offensive website *and* a spicy meatball!

  166. Isn't that fraud or something? by demonbug · · Score: 2

    For the Italian police to use someone else's identity? While the content may have been illegal in Italy, it was located in the U.S. The Italian police apparently took someone else's identity and used it to remove information they did not legally own or control from servers located in the United States. The FBI should go after them as hackers (crakcers? whatever they call them. Electronic terrorists?); essentially they did the exact same thing as many hackers have been arrested for. They stole someone's identity and used it to alter webistes that did not belong to them. The fact that they were Italian law officers is immaterial, as their jurisdiction does not extend to the United States where the material was hosted. I mean, it is fine if they remove all material from the guy's computer and destroy it, but once they change stuff on a server in the U.S, they are basically hacking that companies website.

    On another note, blasphemy is a crime in Italy? Remind me not to go to that backwards, theocratic state. I'm surprised they even allow people to use the internet, what with all the anti-Madonna websites out there.

  167. I still do not see the issue by dotmaudot · · Score: 1

    It's quite funny that people still look at the elimination of the sites as an act against free speech.

    First of all, if any US citizen wants to mirror the old contents, he is quite free to do it, and the Italian police could not do anything to him, since he is not subject to Italian law.

    Pity that things are a bit different. I had a look at the Google cache of one of the sites. The revealing lines are those at the bottom, which I try to translate below. (Well, I am a bit at a loss, I do not know the English form for a lot of those terms)

    Connections are really speedy... so you'll quickly download a tonful of good stuff...
    11 PORN sites + videochat with online bad chicks+ access to the BIG BROTHEL (!!) + 2000 headlines with cellular phone number ... what fucking else do you want?

    Well, the links are to a URL, "sesso.exe", which seems suspiciously like a dialer (don't know if you call it so - it's a program which closes the connection to your ISP, and opens another one to a premium number). So the site was actually hosting a scam, and this matches the closing from "Guardia di Finanza" (the Italian police corps more or less like the SEC).

    It could even be that the allegations of "the Church had the sites closed!" are a cover up from the owners of the sites, so that the real reason is not shown.

    ciao, .mau.

  168. A trend ? by AftanGustur · · Score: 3, Informative


    It's becoming a trend to do things you want, just if you can get away with it..

    Just look at USA/UK on Iraq.

    Things are getting OK, simply if you can do them without beeing punished..

    Stay tuned for this becoming the norm in all aspects of society..

    --
    echo '[q]sa[ln0=aln80~Psnlbx]16isb572CCB9AE9DB03273snlbxq' |dc
    1. Re:A trend ? by Rocinante · · Score: 1

      And this dramatic new trend is different from the way groups of people have behaved for the entirety of human history in what way, exactly?

      --
      Just trying to open someone's head! I mean "mind!" Open someone's mind, um, to the possibilities! With explosives!
    2. Re:A trend ? by AftanGustur · · Score: 2
      And this dramatic new trend is different from the way groups of people have behaved for the entirety of human history in what way, exactly?

      The difference is that we have always had the "moral factor".. Which seems dead now ..

      --
      echo '[q]sa[ln0=aln80~Psnlbx]16isb572CCB9AE9DB03273snlbxq' |dc
  169. Re:We need to respect other countries extridition by GryMor · · Score: 1

    The point is NOT that someone broke a law involving speech. The point is that the Itallian government tresspassed on the equipment of a third party in an illegal manner. They committed terrorist acts (per the PATRIOT act, bleh) against a US corporation on US soil. I don't give a damn why they did it or weather they had the right to do it to an Italian citizen in Italy. They attacked a US entity on US soil, they assaulted the property of our citizens and broke our laws while said property was on our soil.

    They are no better than vigilantes and should be treated as such.

    --
    Realities just a bunch of bits.
  170. Re:We need to respect other countries extridition by ThorbyBaslam · · Score: 0

    "Being that the USA is a melting pot, we have been taught to respect the belief's and values of other cultures."

    You are joking, right ?

  171. Porn dialer by Anonymous Coward · · Score: 0

    Please dont' be fooled by those people ... the censored sites contain mainly the infamous porn-dialer.

    You need to download and exe file (disable any securyty setting on your pc, please) and then bingo! access to "free" porn and blasphemy via 166-number (really expensive)

    Go to http://punto-informatico.it/p.asp?i=40880 (italian)

    Only the index.html page was modified so you can still see the original site http://www.porcodio.com/index3.html

  172. Re:We need to respect other countries extridition by t0qer · · Score: 2

    The data originated from italy and was promptly kidnapped and taken back, who gives a fuck really?

  173. Scary by Vlijmen+Fileer · · Score: 1

    "... Under pressure from their citizens, governments around the world are increasingly abandoning the hands-off attitude they initially had toward the Internet..."
    I think this is the scary part, because it is not true; I have never seen or heard a person ask for this kind of action. As far as I can tell, governements are doing this on their own account.

  174. Did ya RTFA? by PatientZero · · Score: 2
    lets imagine having CNN.com shut down by china because they say anti-china things . . . Then because of a law in another country . . . Imagine a fella that posted a Pro Nazi letter that happened to be copied and sent to France

    I'm guessing you didn't bother to read the article, or you skipped down to the part about the old French move against Yahoo. To summarize, two Italian men created a site illegal by Italian standards and hosted it with an ISP in the U.S. The police managed to get the password to the site content and replaced the images.

    While I disagree with the Italian laws, this case is not a matter of some foreign government trampling the free speech rights of a U.S. citizen.

    --
    Freedom to fear. Freedom from thought. Freedom to kill.
    I guess the War on Terror really is about freedom!
  175. Re:We need to respect other countries extridition by TomV · · Score: 1
    Last I checked most contracts for hosting are rather clear about who is authorised to login and make changes and the extent to which they are authorised to make changes. So, a crime was perpatrated against a US company and it's computer assets by members of the Itallian police.

    If this is the case (probably is), then the site owner was in no position to sign up to a contract on those terms. He's Italian. He know's he's subject to Italian law. If Italian law permits the police to use his saved userid & password, then he's either negligent in leaving that information around, or he signed a contract he couldn't keep to under the laws of his home country.

    As I see it, that's the site owner's fault for agreeing the contract without checking if it was enforceable, not the Italian police's fault for doing their job. In which case, the hosting company might be expected to pull the site entirely due to the invalidation of the hosting contract.

    Just an opinion

    TomV

  176. Probably IS illegal in UK by Martin+Spamer · · Score: 2

    Consider a privacy law recently passed by the European Parliament requiring companies anywhere in the world to obtain permission before sending marketing e-mail to Europeans.

    Jim Conway of the New York-based Direct Marketing Association worries that U.S. companies may have to scale back U.S. campaigns if they cannot assure that their mailing lists contain no European addresses.

    Someone let me know if this DOES happen.. I'll be wanting a European email address the minute it occurs :)

    IANAL. However.

    In the UK, under section 1 of the 'The Computer Misuse Act 1990', it is illegal to 'causes a computer to perform any function with intent to secure access to any program ' if that access is unauthorised.

    To my mind any email, that is not opt-in is illegal, since an SMTP connection is causing my Computer to perform a function, and I have not authorised .

    'The Computer Misuse Act 1990' Section 1;

    1.--(1) A person is guilty of an offence if--
    (a) he causes a computer to perform any function with intent to secure access to any program or data held in any computer;
    (b) the access he intends to secure is unauthorised; and
    (c) he knows at the time when he causes the computer to perform the function that that is the case.
    (2) The intent a person has to have to commit an offence under this section need not be directed at--
    (a) any particular program or data;
    (b) a program or data of any particular kind; or
    (c) a program or data held in any particular computer.
    (3) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.

    http://www.hmso.gov.uk/acts/acts1990/Ukpga_19900 01 8_en_1.htm

  177. Not quite by CaptainZapp · · Score: 2
    I would argue that it is essentially the same thing.

    Not really; although the consequences might have been the same. Let's examine Yahoo's options:

    Implement technical measures to make such content unavailable to French citizens, since it is illegal to hawk such wares in France. As you pointed out, this is probably close to impossible.

    Comply (which they did as I recall)

    Showing the middle finger to the judge accompagnied by a loud Fuckez vous, Monsieur

    Option three would have been absolutely legit since no US court would shut down Yahoos US servers based on a French ruling.

    But if Yahoo choses to ignore the verdict then they can't do any business in France. It's as simple as that.

    Actually (assuming that you are US-American) the US is a lot worse in this respect, since they try to outlaw actions that doesn't even involve them directly. That is: threatening to seize assets of a foreign company in the US just because they do business with another sovereign foreign country.

    Those that sit in glass houses...

    --
    ich bin der musikant

    mit taschenrechner in der hand

    kraftwerk

  178. Re:We need to respect other countries extridition by GryMor · · Score: 1

    The point isn't that the contract was violated it is that the contract is the only thing giving anyone other than the hosting company the right to do anything with an acount on their computers. The Italian government has no such contract. Under Italian law it may be permissable to break into a third parties system to do things. Under US law, (which are the ones that matters as thats where the servers are and where the third party that is being attacked is) it is a criminal offense and allows for civil redress.

    This is especially true if the contract with the original site maintainer is void as then he doesn't even have the right to use the hosting companies computers, never mind the Italian police!

    --
    Realities just a bunch of bits.
  179. A call for international cyber law (or lack of if) by $criptah · · Score: 1


    This is another story that calls for an international cyber law. Before you start modding me down, you have to realize that unfortunately free speech is not every country's value. It means that if a country's laws do not grant free speech, there is nothing the U.S. can do about it. Since the information on the Internet is very liquid we need some laws that can govern it. I am not saying that we should enslave the information and control all the web sites. All I am saying is that the countries should agree on some things. Although there are many possible solutions, I think that the best way would be for countries to agree that sanctions against web sites should not be taken by any means. It implies that no matter how offensive a government finds a site, it should not be taken down like in the case described by an article. Instead, countries should do what China has done: control the access to those sites, if you please. Why? I think this way everybody's better off. The sites that relate to things that might not acceptable will be blocked by a government that doesn't like it. Plain and simple. Countries that do not want to share our ideas don't need to be exposed to them and we do not force the people of those countries to browse the sites. I do admit that this sounds really bad, because the United States will benefit the most, since we protect the freedom of speech. But if we don't try to agree on simple things like 'to browse or not to browse', our web masters will end up in more trouble. Thanks,

  180. Vatican does not have it's own police by Gekko · · Score: 1

    The vatican Police/Military is actually the Swiss Guard. The Swiss have provided them for a long time (google upfor the exact amount of time). Their uniforms are DeVinci Jumpsuits.

    --
    I mod down any one who says "I'm sure I will get modded down for this"
  181. Re:We need to respect other countries extridition by GryMor · · Score: 1

    Using his cached password IS hacking the server. They don't have permission to accsess the hosting companies computers in that way, which is unauthorised accsess, which, thanks to the PATRIOT act (damned draconian piece of crap), can end up being life in prison. Now, there may be dificulties in extradition but that doesn't stop them (either the department or the individuals) being tried in absentia and make dealing with US entities VERY difficult.

    --
    Realities just a bunch of bits.
  182. Completely Legal by JoeRobe · · Score: 1

    This may be redundant, I haven't read all of the posts yet.

    If you look at Blue Gravity's webpage (www.bluegravity.com, it's framed, so a link is useless) in their section 5 of the terms ad agreements, the first sentence is:

    "Client agrees to use the service in a manner consistent with all applicable laws and regulations of the United States of America, the State of New Jersey, and the Client's locality."

    When the client signed onto this service, they agreed that their website must agree with not only US law, but their own local law, which is, of course, italian law. If they break italian law, then they and their webpage are at the mercy of italian law. It's right there in the terms of agreement. That being the case, what is the issue at hand?

    JoeRobe

    --
    The best way to predict the future is to invent it.
  183. Who owns a site content? by Albhar · · Score: 1
    I am still uneasy with many /.ers interpretation of the case. Ok the server is located in the US, but what does this imply? The guys running it edict their rules which must comply to the US laws. These rules are about
    • what content is allowed;
    • how much it costs to use the service;
    • how to connect, upload data,...
    • ...
    But they do not forbid you to give your access rights to someone else and have her add/remove content (as long as the new content is deemed legal).

    So what happened here, an italian guy, living in Italy, has an account on a US based server. The italian police goes after him, ask him his username/password, he gives them and then the police connects to the server and changes the content of the site as would/could have done a friend of the guy. Where do you see anything illegal under US laws here?

    For me the question is: was the italian police allowed UNDER ITALIAN LAWS to act as it did? I don't kown the answer. If it is yes, you may not like it but all can be done is having the italian people change their laws if they want to.

    Saying the the italian police has no right, under US laws, to erase the web site that is ouside Italy is saying that the guy does not own the content of his site which now belongs to the US based compagny.
  184. Post-It note on the monitor (n/t) by Anonymous Coward · · Score: 0

    Subject says it all.

  185. Re:We need to respect other countries extridition by Anonymous Coward · · Score: 0

    Any country has a laws that authorise authorities (how) to deal with certain aspects of a suspects' properties.
    This contract was one of his properties and subject to italian law, as an italian citizen from italian ground agreed to it.
    Italian law may well give authorisation to deal with the relevant property, in this case the contract. If this is so, then the italian authorities are legally authorised to change the contents of the site.
    No buts, ifs, etc. When the US ISP signed an agreement with an italian citizen from italian ground, that agreement became subject to italian law. Simple. Clear.
    Ease of enforcement may be a different matter, but the legality isn't that murky.

  186. I understand exactly by MemeRot · · Score: 1

    You're a terrorist :)

  187. Yes, actually by mindstrm · · Score: 2

    I have.

    1. Re:Yes, actually by jcr · · Score: 2

      Then you need to pay more attention. Americans sure as hell don't have a monopoly on arrogance.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    2. Re:Yes, actually by Anonymous Coward · · Score: 0

      And I suppose you're supposed to be a shining example of that lack of arrogance, are you? Maybe you need to start paying more attention yourself.

    3. Re:Yes, actually by jcr · · Score: 2

      Well, well. A cheap shot from an AC. Oh, the mortification!

      If you think I've been arrogant, be specific.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
  188. Re:We need to respect other countries extridition by t0qer · · Score: 2

    A countries law takes priority over any civil contract. Yet another simple thing to point out.

  189. Which country is better? by Flambergius · · Score: 1

    First of and for the record I would like quote a favorite band of mine, The Clash: "I'm so bored with the U.S.A., but what can I do?"

    Then to actual post and, hopefully, some substance.

    I read the previous replies to this posts parent. Some funny comments were made and I started thinking about which country, in my view, actually is the best. I naturally concluded that my native country, Finland, is the greatest country in existence. That seemed slightly suspicious, after all, probably 98% of the world's population would agree with me, everybody's native country is the best country in the world.

    After a moment of inner contemplation I concluded that the problem was not that I had limited knowledge or too negative view of other countries, the problem was that my view of Finland and Finns was too positive. I was more or less equaling my lifestyle and friends with Finland and Finns. Naturally, I like my lifestyle quite a bit and my friends are my friends for a reason.

    Wasn't really hard to think about things I don't like about Finland, especially the rural areas. After thinging about this a while I am quite comfortable in saying that every coutry in the world sucks. Big time.

    I have much more in common with young urban professionals of Europe and USA/Canada then with my fellow coutrymen of the Backwoods.

    I still do feel that our un-glamorous and painfully honest politicians are something to write home about, but it really doesn't go very much further. You know, like, countries and nationalities aren't really anything to get excited about ... unless, of course, we qualify for the 2004 European Championships in Portugal (and the 2006 WC in Germany, I can only dream).

    --Flam,
    slightly drunk and too busy to get totally wasted to spell-check.

    --
    Computers are useless. They can only give you answers - Pablo Picasso
  190. The solution- National Domains Only by Mittermeyer · · Score: 2

    The solution is so very obvious and simple it will never be done- the internet should only allow national domains to exist, the laws of that nation extend to sites within that domain, US laws cannot affect .UK or .RU unless there is a treaty with Britain or Russia or vice-versa, entire nations can cut themselves off or cut off other nations at the telecom border, and in all respects national sovereignty is extended into cyberspace.

    There. Now shush.

    --
    ________________________________________ History Must Not Fall Into The Wrong Hands ___________________________________
  191. Re:We need to respect other countries extridition by Cynikal · · Score: 1

    its a touchy subject... say if i as a canadian made a painting that offended all canadians and was of content that was against canadian law, could canadian authorities then break into the U.S. museum where i had placed it in order to deface/destroy it?

    i know a webpage isnt a painting, but in most ways it can be an expression of someone's feelings and thus be art in a way.

  192. Re:We need to respect other countries extridition by autocracy · · Score: 2

    I was under the impression that you had to be present at the trial to be tried in the US.

    --
    SIG: HUP
  193. Not Amnesty by Arker · · Score: 2

    You're right on otherwise, but the word you are looking for is not amnesty. It's asylum.

    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
    1. Re:Not Amnesty by PatientZero · · Score: 2

      Thank you. That's exactly it. I got stuck on Amnesty International and didn't think beyond it. :)

      --
      Freedom to fear. Freedom from thought. Freedom to kill.
      I guess the War on Terror really is about freedom!
  194. Here they go again by Steve+Franklin · · Score: 1

    And this from the same organization whose head just apologized for the Inquisition. Maybe the Italian police haven't gotten the word yet. "Hello, Luigi? The Popa says you gotta stopa pickin' on da nona-catholics. Yah, dats a right. No puttin' yo stupid polica insignia ona da webba site. Yah, dis is officialista. Directa froma da maina man himself. No notta dah mafia. Dah holy fadda."

    Moderate this....

    --
    Hic iacet Arthurus, rex quondam rexque futurus.