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List of Offshore Hostings[Ocb/2023] - Page 2
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List of Offshore Hostings[Ocb/2023]

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Comments

  • @Mateyo said:
    Interesting list however I am surprised that FlokiNET and Njalla are marked as Trash. Why? What about BLUEANGELHOST and host-palace ?

    @didtav said:
    so American call other nations "offshore"?

    It makes sense if we consider that Kim Dotcom is considered a fugitive of the US not being an American citizen, not having resided ever there and not even having traveled to the US ever.

    The test isn't "being an American citizen" (because that would give foreigners extraterritoriality - which is one hell of a free pass - and no obligations to follow American laws), or having resided in the US, or traveled to the US, but rather, if one purposefully availed oneself to services based in the United States. There's a ton of case law that defines and refines what purposeful availment means that you can look up on Google Scholar. The hilarious thing is that because so much case law is based on default judgments and the courts have evidently never understood what Anycast DNS or CDNs and how they work, current 9th Circuit case law may accidentally have defined it in a way where when the correct facts are applied, almost nobody overseas using a CDN have purposefully availed themselves to a US-based service, but we can't find out until one of them shows up in court, which is hard because you don't get a visa for the purpose of responding to a lawsuit.

    Of course, authorities can claim that you violated the law all they want. It means nothing unless they can enforce it. Jurisdictional arbitrage is less about the text of the law but more about whether any country wants to cooperate with authorities in the US. Suppose you got your hands on some hosting in China (unlikely unless you're actually Chinese), and the US tries to enforce a court order. What do you think the response is? Crickets, of course, because the CCP wouldn't exist without foreign powers exerting their laws upon the late Qing dynasty and extraterritoriality only happens on the CCP's terms, period. But that's country specific. I don't think most other countries have that kind of historical baggage. Do your research, it's a deep rabbit hole but something good to know if you're in that sort of business.

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