[ NNSquad ] Re: Pakistan access toYouTube restored after "blasphemous"vid removed

["Bill S" <unixluv@gmail.com>]

On Tue, Feb 26, 2008 at 6:32 PM, Barry Gold <bgold@matrix-consultants.com> wrote:

Fred Reimer wrote:

> Personally, I think Google/YouTube's response WAS appropriate.  They are
> just following the law.

Google is a California corporation.  They are legally required to comply
with US and California law.  They are under no obligation to follow the
law in any other country, except to the extent that they find it to
their advantage to do so.

Not so.  Many states employ "long
arm statutes" which permit them to go after entities that are not
inside the territorial borders of thier state.  I would think other
countries may see it the same way.

Virginia State Code

§ 8.01-328.1.   When personal jurisdiction over person may be exercised.

    A. A court may exercise personal jurisdiction over a person, who acts directly or by an agent, as to a cause of action arising from the person's:

    [Irrelevant parts deleted]

    B. Using a computer or computer network located in the Commonwealth shall constitute an act in the Commonwealth. For purposes of this subsection, "use" and "computer network" shall have the same meanings as those contained in § 18.2-152.2.

    C. When jurisdiction over a person is based solely upon this section, only a cause of action arising from acts enumerated in this section may be asserted against him; however, nothing contained in this chapter shall limit, restrict or otherwise affect the jurisdiction of any court of this Commonwealth over foreign corporations which are subject to service of process pursuant to the provisions of any other statute.

What
all that means is Virginia interprets this to mean that if Google
traffic transits AOL networks (AOL is a Virginia company) then it can
exercise personal jurisdiction over them, and haul Google into court
for violating one of its laws.

http://www.jocs-law.com/long-arm_statute.htm  (1999)

A 2002 case in the appeals court has limited this somewhat, but the principle is well and alive.

http://www.techlawjournal.com/topstories/2002/20021213.asp

In a wrongful death suit, Georgia is going after a company that is in Kuwait.

http://www.law.com/jsp/article.jsp?id=1203677143074

In summary, what Google did was probably prudent, but I don't have to like it.  BTW, IANAL, and this isn't legal advice.