Hi Michael,
On Sun, Nov 15, 2009 at 05:05:53PM -0500, Michael Corliss wrote:
I'm located in the US, but due to the specifics of
how my site came into
my possession, it's registered and hosted in the UK. Whose laws apply to
a site like mine, owned and hosted from different sides of the pond? and
assuming I'm not subject to British laws, to what extent might Bitfolk or
my registrar be exposed to legal action?
Your hosting with BitFolk is subject to English law, as stated in
the terms and conditions:
http://bitfolk.com/policy/terms.html
"The Customer is responsible for all material hosted by them
at BitFolk, and all use of The Service provided by BitFolk.
It is the responsibility of The Customer to ensure that The
Customer does not violate English law."
Fact ends there, conjecture begins..
As for the law in question, in my opinion it's obviously extremely
poorly written and it seems likely that the practicalities will be
worked out long before it ever becomes an issue for the operators of
small web sites.
Perhaps it will be successfully argued that a clearly-worded privacy
policy and existing browser preferences will be enough, or perhaps
the browser manufacturers will be required to add some features
(e.g. default to all cookies being blocked, allow the web site to
explain what each cookie is for at the time it is being set).
Either way I have a feeling that browser manufacturers and very
large web application vendors such as Google will be leading the way
in working out what if anything it means, long before any customer
of BitFolk has to be personally concerned about it.
However I'm not a lawyer and don't really know what I'm talking
about.
Cheers,
Andy
--
http://bitfolk.com/ -- No-nonsense VPS hosting
I have just
recently purchased a Feathercraft Big Kahuna kayak
does it have a heater?
Of
course not. Everyone knows you can't have your kayak and heat it.
-- James Fidell