I don’t think it’s weird to point out the little guys (especially former or current EU) getting strapped.
I may be reading too much into the editorialized writeups about Ofcom but even their statements imply they thought they were just going to impose their laws globally and that other countries would line up to help them do it?
This quote from the court is amazing:
> American courts generally decline to enforce foreign judgments that violate the United States Constitution
Indeed. Who could have predicted this?
Which raises the scarier question of why they tried this at all? Was the defeat a planned showing to justify future action to justify more control of the internet, as Preston Byrne speculates? Are they using this as a demonstration of why internet censorship is the only solution? It’s hard to imagine why they thought they were going to get anywhere with this case, unless failing was the goal
Why is this surprising? The United States does this all the time, successfully.
Indian citizens living in India, who have never left India and only do business with Indian entities, have to declare compliance with US laws (FATCA) when opening a bank account in India with an Indian bank. This is enforced by the Indian government.
[0] https://www.youtube.com/watch?v=KBBYvj4YQLE (full video is an hour and a half, but you can skip to any bit because he just makes the same handful of points over and over again)
The surprising thing to me is that even 250 years after Saratoga, Great Britain is still not realizing that they do not exert any influence or control over USA and its Constitution at all. And that is apparently still very upsetting for them.
Countries used to enforce this at their borders (for foreign information) because it largely worked. They couldn’t stop 100% of the copies of the book, but they could stop there being enough copies for it to be part of the cultural zeitgeist (most of the time).
Not anymore. The companies don’t have a local HQ to harass, and the information doesn’t flow through infrastructure the government owns. They’ve pretty much entirely lost the ability to control the flow of information, and they’ve largely lost the ability to control its direction either with the fall of major news outlets.
I don’t think they have the support for a China-style great firewall, but I’m not British so maybe I’m wrong.
I think it’s a good thing information is set free, but I see why they tried it. It’s the only politically tenable way they had to try to keep that control.
While the US isn't perfect it is also far from the worst conceivable entity to be in that position (and current UK and Australian governments provide easy examples). If they want to use their influence to promote free speech then good, because we need it. Just less of the mass surveillance of absolutely everyone at the same time, then we'd be good.
In my comment I explained how countries, including the US, project their laws by imposing controls within their jurisdiction.
The weird part about this case is how they thought they could directly project their laws into another country in a way that overrides that country’s constitution, and they expected the other country to override their own constitution in agreement.
That’s not the same. This was something weirder, which is why there is speculation that it was designed to fail as a demonstration.
draw_down•1h ago
Good grief. This is sad stuff.