nanog mailing list archives

Re: Netgate.net.nz/ORBS spam colusion


From: "Brett Frankenberger" <rbf () rbfnet com>
Date: Tue, 11 Jan 2000 17:30:35 -0600


From: Derek J. Balling <dredd () megacity org>

What *I* have said is that a person is subject to the laws and
regulations
of the country they live in (plus those they are a citizen of, if
those are
not the same country), and not subject to the whims of other
countries, so
that's how I see it "from a legal standpoint". If the laws of his
nation
say that what he did, specifically, is a crime, then he can (and
should) be
held accountable to them. That's what sovereignty is all about.

A person is subject to the laws and regulations of any country with the
power to make him subject to those laws and regulations.  See, for
exmaple, Manuel Noreiga from Panama.  He was neither a citizen nor a
resident of the USoA when the USoA decided to make him subject to its
drug laws.  Since the USoA had more military capability than him, he was
arrested.

On the other hand, if Germany decides to indict an American citizen
living in the USoA for distributing neo-Nazi propoganda (and Germany did
just that), the aforementioned citizen isn't really subject to that
indictment, because the USoA won't extradite him (the first amendment,
and probably also the terms of the extradition treary, prevents them)
and Germany doesn't have the ability to come and get him.

The USoA routinely indicts persons that are neither residents nor
citizens of the USoA, although generally the indictment is for something
they did in or to the USoA.

         -- Brett





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