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Web Hosting For Privacy Activists?
BritishColumbian writes "I'm thinking about setting up a Web site driven by user submissions. I was wondering which locations have the most liberal (i.e., libertarian) privacy laws. There are some great hosts in the US, however there have been so many FBI requests for user data that I don't want a server hosted under US jurisdiction. Does anyone have any thoughts/suggestions as to a suitable jurisdiction? It doesn't look like Sealand's HavenCo is guaranteed to be privacy-friendly any more."
Frankly I doubt that you will find anyplace more liberal than the US.
A lot of countries in the EU will bust you for anything that they consider "hate speech" not that I wouldn't mind never having to see it myself it is still political speech. Considering Europe's history I can understand why they are more than a little sensitive over hate speech. Canada also has hate speech laws last time I checked. I am not sure about all the countries in Latin America but most get a little bent over criticism of their governments and or the Catholic Church.
The middle east? Well just don't make fun of Islam and you will be just fine. Africa? Well that probably depends on the nation. Not a great history of Human rights in most of those Nations.
Asia? Well China is a big no. Japan, and Taiwan I have no idea. Austriala and New Zealand maybe a as liberal as the US but I think they are closer to most EU nations according the Wikipedia they are.
Switzerland maybe?
The US does tend to be more strict on sexual content but is probably still one of the most free when it comes to Political speech. Of course an anti-war protester being asked to go to a free speech zone or get a permit really doesn't care about an neo-nazi in France being put into jail for wearing a patch.
See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
And you might consider consulting one (if you have the money). You might also consider exactly what sorts of liability you'll be exposed to and search for jurisdictions with the most lax regulations in that area. You say that your site is going to be driven by user submissions . . . are you worried about copyright? You say you're worried about the FBI requesting user data, is there any particular reason you think the FBI will ask for your user data (that is, will you be requesting submissions on political/revolutionary/Islam topic areas? I suppose one could even piece together a user submission website dedicated to the discussion of criminal activity and how one might go about practicing crime . . . clearly an exposed place to be).
Also remember it isn't only the FBI that can compel disclosure of user identities. The Think Secret/Apple, Inc. lawsuit proved that. A foreign jurisdiction might make it really hard for the government to get at user data, but make it really easy for private parties to do so in a lawsuit. Also consider, however, that if your servers are in a foreign jurisdiction then U.S. constitutional guarantees may not apply (you might say that they don't apply here anymore, but I would submit that they protect you at least a little bit). That could mean that if the government wants your user data, and the servers are outside the U.S., they could tap/hack/physically break in and get the data they want w/o even the pretense of judicial sanction, and w/o even the possibility of court action for you.
My point here is that jurisdictions treat privacy differently across subject areas and differently depending on who's asking or taking the data. Find the subject area that your website most squarely fits under, and then find a jurisdiction with the most protective privacy laws, on the whole and against everyone you're scared of, for that subject.