I was keeping a contemporaneous public log of everything the UK has been trying to do to American citizens for the last six months because I knew, one day, they'd come after X.
And when that day came, I wanted all the UK's behavior on the public record, ready for scrutiny.
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Everyone freaking out over European sanctions today simply hasn't done the reading.
What is happening now is the resolution of a 60-year-old question that the world has not (yet) answered: in a world where law is confined to borders, who gets to write the laws of the Internet?
There are two competing approaches.
The European approach is that nations will broadly harmonize domestic censorship systems - EU, Australia, UK, NZ, Singapore all singing from approximately the same hymn sheet - and U.S. corps will have to also harmonize, or be locked out.
The alternative approach is that borders have meaning and American companies, and American websites, follow American rules, with that choice being backed up by American power.
I wrote about this in Sept. I call this doctrine lex loci machinae.
And I don’t want a crappy fruit basket sent to my clients either. We’re talking Fortnum & Mason or Harry and David, the good shit
The alternative to a letter of apology and a fruit basket sees to be the fracturing of a hundred year old transatlantic alliance and further regulatory embarrassment
So far, Ofcom has indeed nitpicked every geoblock I’ve advised on. When they nitpicked Kiwi Farms about it something in me just sort of snapped and that’s when I made up my mind that they had to be stopped at any cost.
The 4chan v Ofcom showdown already happened. Ofcom lost.
Ofcom sent their fine notice. We told Ofcom to go to hell.
We're still going to look for confirmation that Ofcom's orders are not legally valid, but if they want to enforce they'll need to bring a US suit of their own.
Ofcom took ten months to figure out that every time they give an American the ability to visibly refuse their orders, that is a defeat.
I think, after the last one, they might have figured this out. I do not expect many more such notices to flow directly into the US.
What I am expecting is that Ofcom will try to backchannel with US tech companies that aren't under congressional subpoena or will try to go after companies with a group-level UK nexus and group-level UK assets.
If Ofcom wants to block 4chan, that's on Ofcom, and never again will anyone be able to call the Online Safety Act anything other than a censorship law.
Incorrect: they want to scare other Americans into voluntary compliance like they obtained from everyone under the GDPR.
This is why we need backup from Congress, to avoid sleepwalking into a British-controlled global speech regime.