We all know that gambling is banned from second life because U.S. government doesn't allow its residents to gamble on-line. And because they cannot nobody can. We also know that China doesn't want their residents to read things about Dalai Lama, Falun Gong and many more stuff on the internet. So they use a pretty large amount of processing power to block all the content they don't like. But, more or less, all this is employment of software against own residents. It can be much much worse.
Jonathan J. Klinger on Virtually Blind:
Earlier this year, Michael Carlton, CEO of online sportsbook Victor Chandler, was arrested in Israel. An Israeli court asserted jurisdiction over Carlton, a foreign citizen, and stated that as long as a portion of the illegal activity (here, gambling) occurred in Israel, there is no need for universal jurisdiction, and the website operator is subjected to the Israeli law (State v. Carlton, Hebrew decision). The court stated that it was in Victor Chandler’s responsibility to bar all communication from Israel since the activity they offer is illegal for Israeli citizens to participate in.
Following the same logic, Israeli government should arrest every owner and manager of a real life casino if a citizen of Israel come into it while abroad. This sounds like an echo of those parents screaming about things they don't want their kids to see on-line: "We are afraid our kids will see it so turn it off completely!"
I am far away from the idea of Independent Republic of Internet. But it would made me very happy that governments realise that the planet is not as small and fragmented as it was couple of decades ago. I know I ask too much. That would mean that they admit they lose the power in controlling people's lives. That means they admit there is something bigger than a state.
Problem is, how to legally organize that very big thing? Whose law is to be applied? Of the country of the resident, company or where actual server is laid?
Just one clarification:
Israeli law will not allow to arrest owners of a physical casino; The difference is that when Israelis bet in online casinos, they do so from Israel, therefore the crime is committed here (in Israel) and not abroad. When residents commit the same act while outside Israel, no crime is made in Israel.
Thanks for a clarification. Would it be allowed in Israel to host a server with gambling for foreign residents only? (Nevermind the technical issues, just law approach)
For the same reasons, i guess that not, since still, some of the gambling would take place in Israel. (Practically, by the way, no one wants to host here since our hosting prices are sky high)
I’ve been wondering for some time whether it would be best to establish a virtual world on an independent island or micro-country such as “Sealand.” This is one step below declaring such a thing as an “Independent State.”
As a matter of course most companies are only subject to the laws of the jurisdiction they reside in. That is to say if a company resides in California, that said company only has to comply with the federal laws of the US and that state of California. Most companies which provide a service like SL have a TOS which contains an “Applicable Law” section which requires you to agree to something to that effect. The provision may not be called “Applicable Law” in the SL TOS, but I believe it’s there.
This is one of the reasons I wrote on my blog about an independent grid, separate and distinct from SL that will have servers in other places whose laws may be more permissive. Visiting a sim hosted in China would be like visiting China in a way… you would be expected to conform to the laws which restrict activity on that sim for the local jurisdiction.
Some sims would be more free than others. It’s almost funny that, in this debate, we start to see the need for a world government.
Anony Mouse
“Freedom is paid for by the blood of the innocent.” ~ Unknown
Recently two guy wanted to buy a non.functional oil rig in Nothern Sea (or something extraterritorial like that). Well, you need to buy it from the country and governments don’t want to do such business with independent entrepreneurs who like to set up servers :)
But I love that idea :p
I cannot rememberhow many signatures is needed to ask UN to recognize a country….
Anony,
Theoretically, you’re right. However, what will happen if one of those persons, residing in California and producing Ageplay anime, for example, will come to Israel to attend a meeting in the Parliament regarding legalising Ageplay in Israel?
Well, in the case of Carlton, he was arrested after being invited by our own parliament.
I believe the US will do the same with operators of online casions.
Jonathan,
If you knowingly incite or entice others to break the law in their jurisdiction, you are in some way culpable. Without knowing the specifics of the case against Carlton it’s not possible to comment on how foreign law should apply to people in another country in this situation.
Anony Mouse
I cannot remember how many signatures is needed to ask UN to recognize a country…. You have mine. Can I get embassy employment status then? *grins* *throws out the traffic tickets* ;)
But it is indeed a good question. Especially as whatever is decided, totalitarian governments and the like will be likely to restrict access to certain sites, server parks, … anyway? :/
you would be expected to conform to the laws which restrict activity on that sim for the local jurisdiction.
Would that imply that when visiting that certain sim, I first get a notice I’m getting on ‘foreign soil’ and then get +10k pages with that countries regulations?! Thanks but no thanks then.
That would go just as EULA’s and other ToS which we all click ok and forget since there are software installed by user.
(it’s a deal for the embassy ;) )
Holy s***! Good thing I just clicked “Subscribe” ‘^_^.
Well, I guess a person’s origin country for internet gambling. Sounds the most reasonable. We got Club65 that is “gambling” for Backgammon. Weird, they didn’t close down that site >.> .
Hmm, I can’t seem to find the Club65 website O.o I guess they did close it down…
Most reasonable things are not necesserily those which will be implemented.