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Imgur pulls out of UK as data watchdog threatens fine

https://www.express.co.uk/news/uk/2115228/image-site-imgur-pulls-out
71•ANewbury•1h ago

Comments

chuckadams•1h ago
It's not a "UK Image site", it's a US company.
jofzar•1h ago
Where does it say it is?
chuckadams•1h ago
In the now-edited article headline.
nickslaughter02•1h ago
> Mr Capel said: “We have been clear that exiting the UK does not allow an organisation to avoid responsibility for any prior infringement of data protection law, and our investigation remains ongoing.

Block UK access now just in case.

turblety•1h ago
It's clear to me, it's a huge risk for any company to allow access to UK visitors at this stage. All companies should be blocking all UK visitors. It's just too much risk for them to take.

The fault is obviously an incompetent and authoritarian UK government, but that's what the UK overlords have agreed.

dylan604•1h ago
It would be much better to not block them rather serve them a single screen that explains why the rest of the site is unavailable to them citing the specific laws that make the action necessary
nickslaughter02•1h ago
Now:

> {"data":{"error":"Content not available in your region."},"success":false,"status":400}

kps•1h ago
"status": 451

https://datatracker.ietf.org/doc/html/rfc7725

dwood_dev•1h ago
I find it interesting that there was no mention of Fahrenheit 451, the very reason they picked that number.

They did at least put a thanks to Ray Bradbury.

an0malous•48m ago
Seems like they were trying to keep the reference low key, maybe to increase the odds of its acceptance
AceyMan•14m ago
https://http.cat/451
lentil_soup•1h ago
shouldn't it be the other way round? if the UK doesn't like something a non-UK company is doing it should be them that go through the trouble of blocking it.

If I have a website I'm pretty sure I'm bound to break some random country's law without knowing

Answering my own question, I guess it's exceptionalism of the powerful countries where they can just bully you into following their law

physicsguy•1h ago
> shouldn't it be the other way round? if the UK doesn't like something a non-UK company is doing it should be them that go through the trouble of blocking it.

They're clearly working up to this; it's what happened with Pirate Bay, etc.

constantcrying•31m ago
Why should they do anything when they can push the burden of compliance onto you?
cjs_ac•46m ago
It's not specific to the UK: many developed countries are cracking down on Internet businesses. There's going to be an awful lot of regulation, and it will be incompatible between different countries. The one-model-fits-the-whole-world style of business is over: you're going to be confined to national borders again.

The opinion polls are clear: the normies want this.

BeFlatXIII•30m ago
> The opinion polls are clear: the normies want this.

Giving normies the vote was a mistake.

bArray•48m ago
As somebody from the UK, I think this is a great form of protest against the government.
noir_lord•39m ago
Same - frankly google/alphabet should just HTTP 451 the UK (and I say that as a brit/someone in the UK).

It'd be interesting to see how fast the policy would get reversed then.

This was always a stupid policy and so protesting it by pulling services is one way to draw attention to that.

chmod775•1h ago
Imgur only has yearly revenues of around $30m. The money they make in the UK specifically likely doesn't justify wasting resources on compliance.
roenxi•1h ago
I suppose this is a serious question - does this mean that in theory HN should ban UK users? Or is HN likely compliant with this law? It is hard to pierce through the Orwellian language in the article (does "safeguarding children’s personal information" mean retaining or deleting the data?).
jsheard•1h ago
It looks like this law (which is unrelated to the Online Safety Act) is concerned with children being subjected to ad-tech tracking and similar indiscriminate data harvesting, so a site like this which doesn't feel the need to share your habits with 2,541 partners is probably out of scope.

https://ico.org.uk/for-the-public/the-children-s-code-what-i...

rapnie•42m ago
> a site like this which doesn't feel the need to share your habits with 2,541 partners

How many might there be in this case, one wonders? https://www.ycombinator.com/legal/

bArray•57m ago
In theory, HackerNews should be concerned. There is no prevention of children using the site, and potentially "harmful content" could be access either on or through the site. Being an aggregator doesn't seem to be a get-out.
IanCal•44m ago
This has nothing to do with harmful content it’s about managing children’s data you collect.
afandian•1h ago
Prior discussion https://news.ycombinator.com/item?id=45418587
dreamlayers•1h ago
How is one country able to fine businesses in other countries? What legal authority or ability do they have to do anything?
general1465•1h ago
It can't, that's why they moved out.
kylecazar•1h ago
If you do business in a country you have to operate under that country's laws and regulations, regardless of where you are registered.

Most commonly it's the EU fining American tech for GDPR violations and related privacy shenanigans.

stavros•1h ago
Right, but the UK is saying they'll fine Imgur even after Imgur blocked access. At that point, what tooth does the fine have? "You must pay this fine if you want to, err, nothing I guess"?
yorwba•55m ago
If Imgur decides they want to make money in the UK after all, and they have an unpaid fine outstanding, that money can be seized to pay off the fine first.
hayd•50m ago
"make money in the UK"

an oxymoron.

Yokolos•54m ago
Honestly, that's the most noteworthy part of this. The EU hasn't pursued any site that just blocks EU access (see any number of US sites than aren't GDPR compliant and I can't access from Europe). The UK is threatening to do something nobody else has really done before. It's crazy, imo, because I can see a whole lot of sites immediately blocking the UK to avoid any potential litigation.
Ylpertnodi•40m ago
>see any number of US sites than aren't GDPR compliant and I can't access from Europe

1. Make sites gdpr compliant by installing an extension or two. 2. Use a vpn to pretend to be not from Europe.

nickslaughter02•50m ago
Pay this fine if you don't want to be arrested when entering the UK? Not that they plan to after this...
bendigedig•50m ago
Just because they've blocked UK users doesn't mean they aren't making revenue from advertising operating via the UK.
CaptainOfCoit•47m ago
They used to have UK legal presence, and planning to move out. The UK is saying something like "crimes done during your presence won't be ignored".

If Imgur never had UK presence, then yeah there would be no teeth. But if you're doing business in a country you can't break the law then leave and expect them to just ignore what you did during that time.

BeFlatXIII•27m ago
…but how enforceable would the fine be? They pull out and have no UK assets to seize.
tomxor•46m ago
There are various international economic laws, treaties and agreements between cooperating countries, whether or not any of them cover this scenario for to US, and whether the US would honour any agreement in the current political climate remains to be seen. But there are mechanisms in place that allow w the UK to reach US companies through each others legal systems to a degree and vice versa, regardless of asset location.
beardyw•57m ago
Thanks. That needs to be in an HN guide somewhere, along with: online services cost money to run so don't be surprised that they need either fees or advertising.
noirscape•38m ago
Placing the fines is pretty easy; they just go through their legal system, finish up the case and get their judgement. Russia has a giant outstanding fine against Google for example since Google is not censoring things the Kremlin doesn't like, even though Google has no corporate presence in Russia and the fine is iirc now larger than the entire Russian economy. (So it's an unrealistic amount designed to deter Google more than anything else in practice.)

The difficulty is getting enforcement; in practice, what happens is that the fine is put down as outstanding and if any executive or employee of the company enters the country, they're arrested and held hostage until the company pays up (or are held directly responsible for whatever the company is accused of). Most countries usually have corporate presency laws to avoid this sort of scenario though.

Alternatively, the judgement can be enforced through diplomatic channels, but that's a giant clusterfuck and unlikely to succeed unless it's something that's very blatantly a crime in both countries, since it's effectively retrying the case. (And even then it can depend on if the country just doesn't feel like cooperating for that specific case, for no other reason than spite; France for example is fond of doing this.)

elAhmo•41m ago
> The ICO also confirmed that companies could not avoid accountability by withdrawing their services in the UK.

This is quite a slippery slope. If I host a website in one country, I do not necessarily care where people access my website from. It is not like I actively provide a service to them - they just use internet (decentralised network) to access it. What if I publish a newspaper here, someone takes it where the contents are illegal, am I accountable?

afandian•36m ago
I think it's a conflict that was baked into the Internet at its conception. A non-geographic service overlaid on top of a world with a huge amount of geography and borders.
wiether•28m ago
It appears that you are mixing things here.

It's not about "hosting a website", it's about providing services.

If you provide services, like selling a newspaper, in the UK, you need to respect their laws, or you will suffer the legal implications of not doing so.

And regarding the accountability, it refers to the fact that imgur USED TO provide services in the UK:

> We have been clear that exiting the UK does not allow an organisation to avoid responsibility for any prior infringement of data protection law, and our investigation remains ongoing.

Companies providing services outside the UK can infringe all the UK laws they want, the UK doesn't care.

But as soon as you decide to provide services in the UK, you have to follow the law. And, as they explain in the article, if you break the law, stopping to provide services in the UK will not absolve you for your past wrongdoings.

eduction•19m ago
It’s you who are mixing things. Putting up a website outside the UK and “deciding to provide services in the UK” are two decidedly different things.

UK legal imperialism is self centered and unrealistic and undermines speech the world over.

Analemma_•14m ago
I’m guessing that Imgur happily accepted the ad revenue from UK users while it served them images. If you genuinely were “not providing services” to UK users, you wouldn’t do that.

I’m not happy with extraterritorial assertions over internet services either, but you can’t wish them away with sophistry about “we’re not providing services to them!” if you’re happy to take their money and serve them a page in exchange. That’s the definition of a business providing a service to a customer.

notarget137•14m ago
Does every single website that exists and is available in UK automatically provides services in UK? Isn't it just simpler to completely block every request from UK by default to "not provide services"?
seanhunter•27m ago
You already need to care depending on what you are serving, and this has been the case for at least 20 years to my knowledge.

The most obvious example of this is websites from the UK or Europe which operate any kind of gambling. [1] This may well be legal (based on licensing) in their jurisdiction, but they still need to restrict access to prevent US people from accessing the service or they will be breaching the US's gambling laws.

Likewise many US firm geofence access for EU residents out of fear of GDPR.

People hosting news sites have often had to geofence to prevent UK residents from accessing their site if they are hosting any kind of reporting of UK court cases that are under embargo or matters that are subject to one of the UK's famous "Super injunctions" [2]

[1] eg this guy was on the board of a listed UK company operating as far as they were concerned entirely legally who was arrested in NYC https://www.theguardian.com/business/2006/sep/14/gambling.mo...

[2] eg In the "Ryan Giggs" super injunction case https://en.wikipedia.org/wiki/2011_British_privacy_injunctio...

BeFlatXIII•25m ago
> People hosting news sites have often had to geofence to prevent UK residents from accessing their site if they are hosting any kind of reporting of UK court cases that are under embargo or matters that are subject to one of the UK's famous "Super injunctions" [2]

…and if the site has no UK assets, how enforceable is the injunction?

pixl97•4m ago
I mean, in the case of the US, you board a plane in country X going to country Z, it flies over country Y which is friends with the US. The US has country Y land the plane and has the plane boarded by armed men that drag you off kicking and screaming where you are put in a cage and then shipped to the US.
buran77•22m ago
The following paragraph might shed some light on what that means (emphasis mine):

> We have been clear that exiting the UK does not allow an organisation to avoid responsibility for any prior infringement of data protection law

In that context it's completely fair to say "leaving doesn't absolve you of past transgressions".

sammy2255•40m ago
How do you "pull out" of the UK if you are not a UK company, you are a US company, hosted in the US, and proxied by Fastly. There's nothing to do? You do not need to abide by UK laws, even if your website is accessible from there.
constantcrying•35m ago
The UK government does not care. The law applies no matter where you are hosted, where you are incorporated or who is proxiying you.

>You do not need to abide by UK laws, even if your website is accessible from there.

The UK government does not agree.

ToucanLoucan•31m ago
I suppose in their defense, culturally, the UK hasn't respected many borders apart from their own so this really isn't anything new.

Zing aside, I'd be thrilled to see whatever prosecutor or litigator or whatever they call them over there bring a case against a US based company for hosting content in the US, geoblocking the UK, a UK resident using a VPN to bypass that block, and making the case that that is somehow the US company's fault.

mystraline•26m ago
The UK also is trying the same stunt against 4Chan.

The article is from a month ago, but the gears of "justice" rotate slowly: https://www.bbc.com/news/articles/clyjq40vjl7o

One thing to note is that UK government officials also seem to be masquerading and submitting reports to try to ToS these websites.

thewebguyd•30m ago
But its still not the UK government's decision. They don't have sovereignty over other nations, as much as they'd like to think they do.

All they can legally do is bitch and moan and order UK ISPs to block. There's no action they can legally take against Imgur.

weinzierl•20m ago
The US does exert its laws extraterritorially when there is a sufficient nexus to US interests too. Why wouldn't the UK be allowed to do so?
pixl97•1m ago
>There's no action they can legally take against Imgur.

This is a very, very dangerous game to play.

This is how employees of your business on vacation in the UK end up in jail.

noir_lord•40m ago
As a Brit.

Good - cause the maximum amount of pain, start pulling services across the board - the more it happens the more painful it becomes for the government to defend it.

ndsipa_pomu•4m ago
Likewise, as a Brit, I hope more mainstream sites do this until people realise how stupid or authoritarian (but I repeat myself) the UK's Online Safety Act is. VPN companies must be enjoying these shenanigans.
thw_9a83c•36m ago
Following this logic, I suppose that, in the future, cars that cannot automatically detect the presence of a child in a wheelchair and prevent the engine from starting will be banned.
constantcrying•33m ago
Why are you being sarcastic about this. Obviously that will be a legal requirement at some point, just like constantly supervising the driver for tiredness is.
thw_9a83c•14m ago
I'm not being sarcastic. I'm predicting a trajectory of never-ending increase of regulatory requirements for any human activity which I don't like. Only big players have deep pocket for lobbyists and lawyers to avoid them or resources to implement them.
physarum_salad•29m ago
Hopefully many more companies do this and British internet users migrate to use of VPNs. This will apply maximum pressure on the government to reverse these parochial laws.

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