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Ofcom concedes defeat in 4chan case

prestonbyrne.com

405 points by iamnothere · 353 comments

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Aurornis

This was such a weird case. Usually when a country goes after a foreign business they enforce it by imposing restrictions within their own borders and threatening the operators with legal action if they ever enter the country. If the operators don’t visit the country and their banking doesn’t cross a business that must follow those laws (which is hard), it’s otherwise symbolic.

I may be reading too much into the editorialized writeups about Ofcom but even their statements imply they thought they were just going to impose their laws globally and that other countries would line up to help them do it?

This quote from the court is amazing:

> American courts generally decline to enforce foreign judgments that violate the United States Constitution

Indeed. Who could have predicted this?

Which raises the scarier question of why they tried this at all? Was the defeat a planned showing to justify future action to justify more control of the internet, as Preston Byrne speculates? Are they using this as a demonstration of why internet censorship is the only solution? It’s hard to imagine why they thought they were going to get anywhere with this case, unless failing was the goal

  • vr46

    The write-up from the lawyers is unintentionally hilarious

    1. 4chan actually lost its case in the US District Court on 15 September 2026. (sauce: https://www.reuters.com/legal/government/us-court-dismisses-...

    The judge dismissed its lawsuit against Ofcom for lack of jurisdiction, because Ofcom was protected by foreign sovereign immunity.

    2. The judge's comments were obiter dicta observations that were not necessary to decide the case, rather than a binding ruling that Ofcom's actions were unconstitutional, making the headline somewhat selective, it's hardly the defeat of a giant regulatory system. Still, I suppose he needs to show he did something to earn his fees.

    We could go on and on and fucking on about American double standards here:

    Cuba. ABC being hassled over Jimmy Kimmel making gags about Kirk. The White House restricting reporting. Ending support for public broadcasting. Book bans, the CLOUD act, the TIKTOK DIVESTITURE fercrissakes. Sanctions on the ICC.

    • windowliker

      >4chan actually lost its case in the US District Court on 15 September 2026

      Correct, but this update is in regards to Ofcom's evidence of 20th October in front of the parliamentary select committee to which they have to report, and at which they conceded that their ability to make legally binding cross-jurisdictional enforcement actions is limited when faced with the laws of another country. The wording she used is in fact very interesting: "If foreign courts decide to try and get in our way, there will be a point at which we have to accept that we won’t be able to recover that money."

      >Still, I suppose he needs to show he did something to earn his fees.

      They have taken on the case pro bono.

    • gcanyon

      > Jimmy Kimmel making gags about Kirk

      Please point out where Jimmy Kimmel did that. I'll help, here's a transcript:

      https://www.readtpa.com/p/read-the-jimmy-kimmel-monologue-th...

      • pcf

        Kimmel landed on a completely erroneous conclusion based on an insane false flag conspiracy theory – and voiced that live on air: "the MAGA gang desperately trying to characterize this kid who murdered Charlie Kirk as anything other than one of them and doing everything they can to score political points from it"

        If you think that is not worth attempting to get a host taken off the air for (at least for a while), I don't think you understand how dangerous amplified disinformation can be.

        • Propelloni

          Well, people are not trying to take Fox News off the air for their many incidents of amplified disinformation, so maybe people think freedom of speech should be protected, even if people disagree with said speech?

          Now consider that one is a comedian and the other is a news outlet, what does that tell you about your argument.

          • gadders

            Now do CNN and MSNBC, or is it a case of "It's only wrong if your guy does it?"

            • SideQuark

              Did CNN or MSNBC lose a billion dollar lawsuit for knowingly promoting false stories while, and I quote from the Fox case, calling their own viewers “stupid, stupid, stupid” for believing their content? Did CNN or MSNBC shareholders sue them due to the damage caused by promoting false stories on purpose?

              Maybe there is some demonstrable difference to size and scale of willful dishonestly among outlets.

            • notnaut

              Comparing either CNN or even MSNBC to Fox like this is a clear indication that you have never critically viewed these three channels in comparison. The ridiculousness Fox gets away with and have gotten away with for decades is mountainous compared to anything else that boomers watch. Ailes and Murdoch wrote the playbook on modern disinformation and it is laughable to compare Fox to any other news channel. Unfortunately, Fox has been so successful as an entertainment “news” organization that the other competing ones, praise be capitalist ingenuity, have adopted much of their scumbag playbook.

            • Propelloni

              You clearly have not followed the thread. This is inane.

        • emsixteen

          What you've quoted does not line up with what you're describing it as.

        • tempfile

          This isn't misinformation. The MAGA gang were trying to do that. They were trying to score political points from it. They still are.

          Of course, they were also correct. But these quoted statements are primarily about intention and motive, not really arguing (or even speculating particularly strongly) that the shooter actually was MAGA.

          Incidentally, this does not seem like particularly dangerous misinformation at all. MAGA supporters are probably the safest group in America (it is, after all, not a safe country for anyone).

    • dofm

      > We could go on and on and fucking on about American double standards here

      They have tariffs on foreign double standards because it's a key export business.

    • jsLavaGoat

      1. It's a Pyrrhic victory at best, read it. In reality, 4chan won even though they technically "lost" their argument. They aren't enforced up. That's the win.

      2. It's not really obiter dicta because it's a district court order it's not something you cite, really as binding precedent. But if you read between the lines, the court is only dismissing Ofcom because it is part of a sovereign, which means it cannot maintain it's other position. The judge was making it clear he thought Ofcom needed to stop. The ruling is addressed to the parties not really to a future court. If I were Ofcom's lawyer, I wouldn't be celebrating this.

      American double standards have nothing to do with this case and it's just a sort of throw in everyone seems to need to mention here. So what? Are they good or bad? If you think they're bad to extend jurisdiction, then take the win.

      Long arm jurisdiction is the opposite of what happened here. That's where you pull people into US courts that might not be US citizens for things that happened not in the US. Somehow that implies that foreign companies should be able to reach into the US and bug people in the US not doing anything in their own country? Oh, but USA bad so you scored that point.

      I think you're just seeing Lincoln's hat in the clouds.

      Everyone on HN apparently thinks they have a law degree.

      • 8note

        > Somehow that implies that foreign companies should be able to reach into the US and bug people in the US not doing anything in their own country?

        well yeah. whats good for the goose is good for the gander. if the US wants to go bug people in their own countries, even going so far as to murder a bunch of people to kidnap a sitting president of a country, youre gonna get others looking to do it in response, and as the US loses its privileged position on the world stage, its gonna have to start complying

    • tzs

      > We could go on and on and fucking on about American double standards here: [...]

      > [...], the CLOUD act, [...]

      The CLOUD Act doesn't do what you think it does. Here's a comment from a while ago with more detail [1].

      [1] https://news.ycombinator.com/item?id=49226822

      • vr46

        That comment, your comment, is misleading and legally selective - much like Preston Doo-dah's post.

        The CLOUD Act bypasses traditional MLAT procedures, faced significant civil liberties opposition (EFF), and resolved a genuine jurisdictional dispute, not a mere drafting oversight. Claiming that data location is irrelevant ignores foreign laws and national sovereignty. Explaining why the US wants extraterritorial powers doesn't establish that it should have them.

    • immibis2

      sauce is 404

    • pjc50

      Donald Trump is currently suing the BBC for their speech.

      In a UK court, of course.

      • pnut

        It's a US federal court in Florida https://share.google/j1xPrAt1Swvuec7bx

        • PaulRobinson

          Which is telling.

          Damages awarded for libel/slander in UK courts are outsized super pay days, and many a foreign sheikh or business mogul has tried to establish that the matter under question was made known to UK citizens and therefore UK has jurisdiction, because the damages will beat anything awarded anywhere else in the World.

          Weirdly, Trump has argued that this was damaging to his election chances (reminder: he won the election he's arguing about), and in a jurisdiction that the BBC can show the material wasn't available in, at least not legally and through their enablement.

          As a result, even the BBC's critics in the UK (of which there are many), are seeing this as just a grifter trying to shakedown an organisation he doesn't like the reporting of, because he can't do it to a US network without getting into a first amendment quagmire.

          • vidarh

            The size of awards is just part of it. The burden of proof is just as much of an issue.

            In the UK, an alleged defamatory statement is presumed false and the defendant needs to prove it is true, and that burden is unusually low compared to most other jurisdictions, and certainly much lower than in the US where the burden is on the accuser to prove the statement is false.

      • philipallstar

        Not for any speech. For misleading cutting his speech together.

        • amanaplanacanal

          I'm pretty sure misleading speech is still protected by the first amendment. The president is trying to throw his weight around because he thinks his fans will like it. He's an idiot.

          • philipallstar

            > I'm pretty sure misleading speech is still protected by the first amendment.

            Is clipping a video together to create a lie "speech"?

            • chimprich

              Are all errors "lies"?

              The BBC admitted a mistake. The error was reported by an internal BBC investigation, not because Trump's team complained (it is highly unlikely they saw it originally, because it was an UK broadcast).

              The BBC makes thousands of hours of video annually. You can't expect perfection, or to sue them for billions of $CURRENCY for every mistake.

              The mistake in this case was to make their quite reasonable case (that Trump encouraged the violence of January 2021) very slightly more emphatically than was perhaps justified.

              Trump of course showed his disapproval of the violence by pardoning all the rioters, including those convicted of injuring police with weapons.

              • gadders

                I think you are bending over backwards to be as massively charitable as possible to the BBC. They are notorious for their left wing bias.

                Their mistake was to twist Trump's speech to make it say the actual opposite of what he did say.

          • geoduck14

            >I'm pretty sure misleading speech is still protected by the first amendment.

            Is it protected if you are challenging a UK company in the UK?

          • stinkbeetle

            > I'm pretty sure misleading speech is still protected by the first amendment.

            It is, the government can not prevent or punish people speaking on the basis that the government decides it was misleading.

            A civil dispute between private parties is entirely different though. One can be found liable for misleading speech that causes damage to another party.

            > The president is trying to throw his weight around because he thinks his fans will like it. He's an idiot.

            • amanaplanacanal

              What damage? He's rich as fuck, and President of the United States!

              • philipallstar

                A sniper also shot him in the ear. Should nothing have happened about that for those reasons too?

              • stinkbeetle

                I'm not aware of what damages Trump alleges in the suit or if it has any merit at all. Being rich does not mean there is no damage or disqualify a person from restitution though. And holding public office or a government job doesn't disqualify a person from protecting their private interests, although I imagine it could make the case a lot more complicated.

                Aside, using civil courts to attack opponents is certainly a problem, but in USA it favors the speaker a compared to a lot of other countries. In US the plaintiff has to prove the speech is false and for public figures that there was malice. Which in my opinion goes a bit too far and gives media corporations more power over politicians and other public matters. I think the public figure stipulation is reasonable and important to allow private citizens to discuss politicians and public matters so that's good, but I think there should be a counter to that which requires organizations reporting the news to have more duty to report truth and not mislead.

          • otterley

            If misleading speech weren't protected by the First Amendment, Trump himself would be first in the frying pan.

      • AlexCoventry

        Well, it's been clear for a decade that Trump doesn't respect American values.

    • Razengan

      > Cuba. ABC being hassled over Jimmy Kimmel making gags about Kirk. The White House restricting reporting. Ending support for public broadcasting. Book bans, the CLOUD act, the TIKTOK DIVESTITURE fercrissakes. Sanctions on the ICC.

      You guys are basically Russia in denial at this point. Carried on by the momentum of your products that is heading straight for a massive disruption by AI.

      • vr46

        The UK is Russia in denial? I am massively confused

        • icantevenhold

          Basically everyone is Russia in denial at this point

          • trollbridge

            From the last few conversations I've had with Russians, they aren't remotely in denial but also feel powerless to change anything.

            • Razengan

              > but also feel powerless to change anything.

              Is that also the case with the common Brit or American?

              That was most of the point. America and the UK have become the evil twin of Western Freedom™ and still believe they're better, or know they've fallen but can't/won't do anything.

              When you see a litany of bad shit like in one of the GP comments, like book bans etc, you can't be sure if they're talking about the US or the UK, they're basically equally as shit now.

              • vr46

                I don't want to waste my red pen marking this comment but thinking the UK is anything like the US or slightly similar in these regards is like using song lyrics as a source in your essay.

        • myko

          Absolutely, Brexit was a Russian psyop

        • Razengan

          Oh sorry I assumed you were Murican

          Oh well, same thing. At this point the UK is basically the mutant kid sprouting from the body of that guy in Total Recall :)

          The same shitty some of the worst authoritarianism among the Western world etc.

          • afpx

            sounds like you live in the bastion of righteousness. can we move in?

          • 8note

            huh? the case here is the UK trying to get the US to enforce some UK law in the US

            • vr46

              No, the UK regulator was asking a service provider owned by a Japanese guy to comply with UK laws in order to do business in the UK, and the service provider sued the regulator in a US court. 196 other service providers agreed to comply

            • Razengan

              Well symbionts kinda work both ways :)

              (yes I know Kuato was a good guy but I mean the UK seems like a hanger-on of the US now, both trying to make shit worse for their own citizens)

    • zahlman

      Kimmel's comments supported a narrative that justified the murder of a US citizen for his opinions (not even that, but third parties' understanding of those opinions). Kirk himself never proposed anything violent; the narrative was promoted based on wild misrepresentations to that effect.

      But all of your objections here (or rather, more specifically, the choice to present them all together as a list of grievances, given that they are connected by a theme but not otherwise related or coordinated) are 1) blatant whataboutism and 2) an attempt to wage "ideological or political battle" in violation of HN commenting guidelines.

      • gcanyon

        > Kimmel's comments supported a narrative that justified the murder of a US citizen for his opinions

        Please point out where Jimmy Kimmel did that. I'll help, here's a transcript:

        https://www.readtpa.com/p/read-the-jimmy-kimmel-monologue-th...

        • zahlman

          By pinning the blame on the wrong ideology (with full confidence, apparently based on nothing but his own world view, and implying that others were dishonest in coming to a different (ultimately shown to be correct, and strongly evidenced at the time) conclusion, he ran cover for the ideological group responsible, and their narrative.

          • otterley

            Are you suggesting that it's not OK to take a side in a debate, or that by doing so, you are sympathizing with a murderer?

            You're going to need a jet pack to traverse the logical leaps you're making here.

      • hardbass

        All muslims should die, all republicans should die are all protected free speech.

      • StanislavPetrov

        Neither Kimmel or Kirk ever said anything that wasn't fully protected under the 1st Amendment, and anyone claiming otherwise is either ignorant of the law, a blind political partisan, or (more likely), both.

  • fidotron

    While Ofcom were barmy to even try this there is a level of understandable annoyance outside the US that the US does get to project what it wants and other countries don't, and somewhere that will have contributed to supporting the effort to do this.

    While the US isn't perfect it is also far from the worst conceivable entity to be in that position (and current UK and Australian governments provide easy examples). If they want to use their influence to promote free speech then good, because we need it. Just less of the mass surveillance of absolutely everyone at the same time, then we'd be good.

    • margalabargala

      > While Ofcom were barmy to even try this

      Quote from the article:

      > Ofcom has targeted 200-ish American platforms with censorship orders; only four of those sites, all of which are my clients, refused

      Seems like Ofcom broadly got the result they wanted. A 98% success rate is not going to be particularly discouraging to them.

      • fidotron

        Standard regulator strategy: try to make the one thing you actually want to comply be the odd one out and then point at them going "but why not you too?" (The FTC do this as well).

        4chan was absolutely the defining target of this wave of noise, but X is what really bothers the UK establishment.

      • ycombinatrix

        The rest of them presumably wanted to continue doing business in the UK & did not want to IP-block the entire country.

      • BikiniPrince

        How many of those organizations had business within Ofcoms jurisdiction? No one operating outside of their legal jurisdiction should have complied.

      • andybak

        Presumably a decent chunk of those might now reconsider?

        • echoangle

          And also this only worked once, but in the future other entities getting sued now know they can just ignore it.

        • shadowgovt

          it depends on what those other orgs want.

          Not being able to do business in (or, depending on how serious they are about enforcement action, visit) the UK is actually pretty constraining. It's understandable if other companies decided they would prefer to find a middle ground that lets them provide one face to the US and another to the UK, or even that they're not interested in 4chan-style maximalism and found it non-onerous to comply with the UK asks because they're pretty in-line with the site's existing standards (I'd have to see the list of sites that complied to have a real opinion on that part).

      • mschuster91

        > A 98% success rate is not going to be particularly discouraging to them.

        The thing is, you can afford sticking the finger to the UK if you do not have any business interests there. A platform like 4chan won't be bothered even if the UK government says "all payments to be made towards 4chan for advertising are hereby seized until the fine is paid off". But places like Twitter or Meta, that derive millions if not billions of euros a year from the UK and European advertisers? Now that's a lot of money to lose, money that even American shareholders will complain about it being missing from the revenue sheet.

        • ozyschmozy

          > from the UK and European advertisers Why would "European" advertisers come into this, I don't think ofcom has jurisdiction outside of the UK?

          • mschuster91

            Yeah, but I'm pretty sure that you can still enforce garnishment orders from the UK and Europe and vice versa. Brexit did not sever all ties.

      • Bender

        Did any of them move to a .onion? I would expect commercial sites to cave and some small sites to just move to Tor which probably accomplishes the same thing as far fewer people use the Tor Browser or Brave. I could also be delusional.

    • Aurornis

      > there is a level of understandable annoyance outside the US that the US does get to project what it wants and other countries don't

      In my comment I explained how countries, including the US, project their laws by imposing controls within their jurisdiction.

      The weird part about this case is how they thought they could directly project their laws into another country in a way that overrides that country’s constitution, and they expected the other country to override their own constitution in agreement.

      That’s not the same. This was something weirder, which is why there is speculation that it was designed to fail as a demonstration.

      • fidotron

        That's exactly what the US do though. We recently saw server seizures in Amsterdam, there is the US Cloud act and so on.

        The US fundamentally disagrees with other countries on the limits of their own jurisdiction to include basically anything tangentially related to the US.

        Again, I am far from anti-US but any outsider can see this for what it is: a one way street.

        • appplication

          Was this in violation of the Netherlands constitution or just not explicitly illegal in Amsterdam? I don’t know the details or the incident you’re referencing, but there is generally a distinction.

          • fidotron

            Basic property rights. If they weren't breaking Dutch laws then the server shouldn't be seizable.

            Let's see the Dutch get a US based server that is violating Dutch laws. It will never happen.

            • telotortium

              Were they actually not breaking Dutch laws? Around terrorism-related activities I would guess the laws are fairly similar across Western countries, partly due to 9/11. Speech regulation has been consistently different between the US and Europe, including the UK - the US even passed laws to refuse to enforce UK libel judgments 15 years ago after Americans became aware of their abusive effects.

              If European countries banded together to direct their banks to offer services to the sanctioned ICC judges, for example, I think the US would back down on that - yes even under Trump, although there would be some bluster first.

              • immibis2

                A/I didn't break any laws at all, not even US ones. But the US president currently gets to override US laws, so they still committed a crime in the US despite not breaking any law, but even the US president doesn't have that power outside the US. No crime was committed in the Netherlands, nor in Italy. It's actually illegal in Italy for their Italian bank to keep A/I's money, since that's plain old theft - they're currently figuring out a way to give it back to them without triggering the mango.

              • piltdownman

                European countries need to get off Mastercard/Visa and US Tech and Energy dependencies first, otherwise it's just a shakedown by the US every time they hit an external legal system.

                // If European countries banded together to direct their banks to offer services to the sanctioned ICC judges, for example, I think the US would back down on that - yes even under Trump, although there would be some bluster first.

                That's a very good way to force the Hague Invasion Act to manifest in some form or another.

                https://en.wikipedia.org/wiki/American_Service-Members%27_Pr...

                Trump personally intervened when two US spooks were driving on the wrong side of the road in London, with the driver most likely on her phone, killed someone, and then fled the country.

                https://en.wikipedia.org/wiki/Death_of_Harry_Dunn

                Compare this with a hispanic american who severely injured someone in similar circumstances. Extradition granted and was convicted for a 32 month prison sentence in the UK.

                https://www.bbc.co.uk/news/articles/c5y89k07we3o

                • ben_w

                  > That's a very good way to force the Hague Invasion Act to manifest in some form or another.

                  You may note from the title that this is the "American Service-Members' Protection Act".

                  The current attempt to destroy the ICC is not due to protection of American service members, but Israeli ones.

                  The admin is going after the court on the basis of it prosecuting American allies. However, America loses NATO if they were to invade over this.

                  The admin (and perhaps many in the country) might like to think they can go alone, but the US has a surprisingly poor record when it comes to fighting without allies.

                  While I'm sure Trump did his usual thing with regards to the death of Harry Dunn, "war crimes" is on a somewhat different scale to "dangerous driving".

                  • piltdownman

                    It's colloquially known as the Hague invasion act as it's ultimate mandate is to invade the seat of the ICC. Literally the first line of the the wiki article.

                    //The admin is going after the court on the basis of it prosecuting American allies. However, America loses NATO if they were to invade over this.

                    Do you believe that's not part of the design at this point?

                    NATO's founding multilateral principles and the USA have been leading parallel lives for quite some time. Trump already started a war in Iran without mandatory consultation, described them as a 'paper tiger' repeatedly. As the Wpost reported on 3rd April '22, Bolton claimed that Trump came very close to leaving NATO in 2018, and Russian President Vladimir Putin “was waiting for that.” [1]

                    In addition, the executive branch will take no notice of any 'binding' mandates or statutory notice periods, as already demonstrated in the 2020 withdrawal from the Open Skies Treaty.

                    Indeed, Congress literally had to enact 22 U.S.C. § 1928f (the Kaine-Rubio provision) in 2023 which expressly prohibits the president from exiting the North Atlantic Treaty without prior congressional authorization. But since any subsequent enforcement is dependent on legal resolution by the Supreme Court, it's not worth the paper it's printed on.

                    //but the US has a surprisingly poor record when it comes to fighting without allies

                    Agreed, but a great record at privatising their lands, mineral rights, and energy sources on the behalf of the GOP and aligned industry. You don't need to win a war if you can profit immensely off it and/or disenfranchise your domestic opponents.

                    // While I'm sure Trump did his usual thing with regards to the death of Harry Dunn, "war crimes" is on a somewhat different scale to "dangerous driving".

                    A false equivalence. Trump intervened in a case where the ultimate charge was life imprisonment of a CIA Agent based on their inability to drive on the right side of the road or stay off their phone.

                    The point was that if he'll personally intervene in such a contextually miniscule matter for an intelligence asset, then he can be assumed to intervene with significant force in the case of the ICC taking custody of an 'ally'.

                    [1] https://www.washingtonpost.com/politics/2022/03/04/bolton-sa...

                    • ben_w

                      > It's colloquially known as the Hague invasion act as it's ultimate mandate is to invade the seat of the ICC. Literally the first line of the the wiki article.

                      The nickname is irrelevant.

                      The first line of the wiki does not support your claim: "all means necessary and appropriate" is much vaguer than "must invade", and no domestic law would change that an invasion of the Netherlands would be a violation of the sovereignty of a NATO ally.

                      > Do you believe that's not part of the design at this point?

                      Read further in my previous comment and find out.

                      > Trump already started a war in Iran without mandatory consultation

                      None was needed for that, not from NATO at least. Should've raised it with the UN, if that's what you meant?

                      > Agreed, but a great record at privatising their lands, mineral rights, and energy sources on the behalf of the GOP and aligned industry. You don't need to win a war if you can profit immensely off it and/or disenfranchise your domestic opponents.

                      I'm not saying they won't do such things, but it's bad for the US if they do. That said, Iran is looking like it'll be another Vietnam only this time with an oil crisis to match the OPEC crisis, so this is already bad with regard to energy sources.

                      And that's without everyone else in NATO is likely gearing up for fighting against the USA and Russia at the same time even if we'd very much rather not, and Israel itself (the country for which they are doing this to the ICC) is looking somewhat unstable and even the most allied parts are distancing themselves from the USA.

                      > A false equivalence.

                      That's my point: the behaviour with regards to Harry Dunn is a false equivalence with regards to these other things.

                      > ultimate charge was life imprisonment of a CIA Agent

                      No, not even close; even in the most egregious cases, and this wasn't an egregious example:

                        A person convicted of causing death by dangerous driving is liable to imprisonment for up to 14 years and a driving ban of at least 2 years for an offence committed before 28 June 2022
                      
                      She was convicted in absentia and got "8 months in prison, suspended for 12 months, and disqualified from driving for 12 months".
              • 8note

                maduro definitely wasnt breaking venesuelan law, as a clearer example, nor is Brazil's non-visa/mastercard payments system

          • SomaticPirate

            This looks to be the case https://decrypt.co/381296/terrifying-precedent-dutch-hand-us...

            The servers were seized under a mutual legal enforcement agreement and it remains to be seen if it underwent a separate Dutch legal review. Quite of a bit of legal footwork gets skipped when the “terrorism” charge is invoked. But it looks like the servers are not being physically turned over, the disks are being imaged and that is what is being transferred.

        • GeorgeWBasic

          Why be far from anti-US if this is what the US does?

      • AlotOfReading

        The US also has laws imposing restrictions on institutions outside their borders/jurisdiction. FATCA for example.

        • kloop

          But they do that via things in their control. For example, banks that don't follow FATCA cannot access the US banking system. It's rare for the US to send law enforcement to banks that don't comply

          The UK would have been perfectly justified in saying 4chan can't access any of their systems.

    • kitd

      Ofcom knows it's barmy. They are pursuing foreign sites because a) they are required to by law, and b) they are under political pressure to do so. But I suspect they are quite happy that it has backfired, to help relieve some of that pressure and bring into the open the barminess of the OSA enterprise.

      • rcxdude

        This. The regulation organisations can sometimes try to make a point when they're tasked with enforcing an unenforceable or otherwise unworkable rule.

    • tracker1

      As a US citizen, I'm inclined to agree.

    • Gibbon1

      The US in particular had to proactively not enforce British Libel judgements against US citizens. Because the vast majority violate free speech rights.

    • philipwhiuk

      Ofcom didn't "try this"

      4chan is suing Ofcom, not the other way round.

  • jack_pp

    It's about honor, I remember Saddam Hussein saying that after they held against the US for 40 days they "won" the war, because in their culture when a higher power entity goes against a weaker one, it is without honor and the weaker entity "wins" honor by being able to defend for that long.

    • nilamo

      That's not unique to their culture. Remember The Alamo? That was 190 years ago and we still celebrate our defeat.

    • drnick1

      Iran is pulling the same trick now, claiming it "won" just because the regime did not fall (yet). This is despite having lost most of their conventional army, navy, and air force, and having also mostly lost control of the straits of Hormuz.

      • immibis2

        I thought the claims of Iran winning were based on Iran's opponent collapsing. But it's a very slow collapse, and still not definitive yet, but some people are extrapolating the trajectory, to see that at the current rate, Iran's enemy will fall long before Iran does.

      • rcxdude

        I mean, the Iranian regime has had one goal the whole war: survive. So it is a victory of sorts so far: the US has not achieved its strategic goal of regime change, and Iran has managed to inflict a fair amount of pain in retaliation.

        (You could say the Taliban were even more thoroughly 'defeated' in Afghanistan while the country was occupied by the US, but it can hardly be said that it was a victory for the US either, given what happened as soon as they left).

        • stale2002

          > I mean, the Iranian regime has had one goal the whole war: survive.

          No it wasn't. If Iran's only goal is to survive then it would have made peace with the USA and surrounding Middle Eastern territories decades ago.

          This whole war is happening because Iran had great political ambitions than just thriving on its own.

          Iran has been funding proxy terrorist groups for a long time now, specifically because it is trying to achieve larger goals than just surviving.

          And on those fronts, well those proxy groups have taken a ton of damage and aren't long for this world.

          • rcxdude

            I'm not talking about beforehand (I said 'the whole war' for a reason). When the US attacked Iran, the Iranian government were either going to fight the war or they (the individuals that made up most of that government) were going to die. It's not surprising they are picking the first option by any means necessary, regardless of how they got into the situation in the first place. It's also what made the attack a very high-stakes gamble on the part of the US government, because either the somehow the Iranian government was going to crumble quickly in the attack (despite the best efforts of people who are quite literally fighting for their lives and still quite widespread support amongst the population), or the US was going to find itself embroiled in yet another overseas war with dubious benefits and high costs. To be clear, I have a level of love for the Iranian government that makes me think the first option is perhaps a little too good for them, but it still doesn't make the US's strategic decisions make sense.

            • stale2002

              > the Iranian government were either going to fight the war

              You missed the perfectly reasonable 3rd option. Iran could stop shooting missiles at oil tankers, stop funding proxy groups, and make an arrangement for peace.

              We both know though, that they are unwilling to do that. Because peace was never their goal. Instead, they wanted to achieve regional hegemony, and funded proxy groups to do that. But whatever, look how well that worked out for them.

              Sure, if taking out the regime is the only pathway to stop Iran from continuing on its current path, then the USA is of course going to try that. But if there was an actual path the peace here, where Iran simply stopped its attacks, things could get back to normal fairly quickly.

              • hardbass

                Israel can stop attacking and taking over land of random sovereign countries, shooting missiles into peaceful countries like Dubai. What is stopping them?

                • viler

                  Israel has shot a grand total of zero missiles at Dubai. Which is not a country; the country is UAE, at which Iran has launched some 2,500 missiles.

                  What's stopping Israel from attacking "random" countries? Perhaps the fact that they're hardly "random", rather they all host proxy groups of the occupying regime in Iran, who have very openly been subverting those countries into bases from which to attack Israel.

                  Try again.

          • istjohn

            This whole war is happening because after his easy coup in Venezuela, Trump thought he could just do it again in Iran, and now he can't extricate himself without losing face. And American politicians on both sides of the aisle are subserviant to Israel.

          • OkayPhysicist

            They did make peace with the US. It was a whole thing, papers were signed, agreements were made, they pinky-promised to not make nukes, everyone walked away happy. Except the Israelis, who don't like their regional power status being challenged, and apparently Trump, who... didn't like that the Iranians gave up on their nuclear armament program?

            Either way, the US and Iran were at peace right up until we decided to pull out of our disarmament treaty with them. And then executed a decapitation strike against them.

            • viler

              Yep. They "pinky-promised" and continued enriching Uranium to 60%, which is completely unnecessary for any civilian use of nuclear power. Not only has the IAEA openly called it out, but actual officials of the occupying Islamic regime in Iran have now pretty much admitted that they have always been going for nukes. [1] [2]

              The only thing JCPOA did was funnel billions into their hands so they could continue oppressing their own population within their own borders, and destabilizing the entire region outside of them.

              [1] https://www.thetimes.com/world/asia/article/ex-nuclear-chief... [2] https://www.iranintl.com/en/202204245312

            • drnick1

              > Iranians gave up on their nuclear armament program?

              They never gave up. The plan was always to lie and get sanction relief from the West, in order to to sell oil and fund Islamist terrorism throughout the region and the world. It isn't only about the nukes. Fundamentally, this is about containment of a dangerous anti-Western ideology. Same thing in Cuba.

              • hardbass

                If it is about containing anti-western ideology why isn't American launching a Stuxnet on Israeli nukes?

                • viler

                  Because Israel isn't the one who, I don't know, has been in open declared war on the US for 47 years ago and has turned "death to America" into its official stated policy. The Islamic Republic is.

                  Your only defense of the astounding level of evil represented by the occupying regime in Iran is to keep frothing at the mouth about Israel? That shows quite a lot. Try again.

          • potatototoo99

            Their goals are to survive and control the strait of Ormuz. And they will do both because eventually the US will pull out, because to try to hold the strait is a financial drain. Just like Afghanistan. So it's a waiting game and everyone knows Iran will win. Orange man can say he won every day and after a year, 5 years, 10 years, 50 years eventually the US will have to admit defeat.

            • drnick1

              > Their goals are to survive and control the strait of Ormuz.

              The surrounding states, which have been attacked by Iran and use the strait to export their oil, should grow a pair, close their borders with Iran, and use all the weapons they bought over the years from the U.S. and finish off once and for all the "Islamic Republic." It seems that, at last, the Saudis are stepping up to the plate and doing something about the Houthis. This is all because they did not finish the job last time.

            • stale2002

              > Their goals are to survive

              As I just said before, if this was their only goal, they could have had it decades ago by choosing peace instead of funding proxy milita groups en mass.

              The fact that they fund all they proxy groups shows that actually yes they have other goals beyond surviving (They they are quickly failing to achieve as their proxy groups get dismantled), and they are actually willing to risk war and risk their survival to attempt to achieve them.

              • GeorgeWBasic

                Quite the contrary. It doesn't matter what Iran does: their crime is existing without being under the control of the US. The US installed a puppet regime in Iran in 1953, and had a powerful vassal in the middle east, close to the Soviet Union. They freed themselves in 1979, gaining control of their own resources, and the US never forgave them for it. The only way the US would have allowed them to go on existing without attacking would be for them to become slaves again.

                • viler

                  The whole tale of the 1953 supposed US "coup" has been started and amplified by Soviet propaganda, then taken up by the Islamists and their wilful servants, as we can see here. The coup was Mosaddegh's; the Shah prevented it. Read some real history.

                  As for "freeing" themselves in 1979... please talk to some actual Iranians and ask them how much of their country's resources are actually benefitting them, instead of going to regional terror proxies and into enriching corrupt Mullahs so that their sons and daughters could go live in luxury in the West they so despise. Ask them, too, how "free" they really feel.

                • istjohn

                  You're forgetting that a perfectly serviceable truce was established with the JCPOA until Trump tore it up to satisfy Israeli interests.

                  • drnick1

                    JCPOA was horrible. It was a lifeline to the regime and allowed it to build a massive arsenal of drones, ballistic missiles, etc., while it got to keep underground enrichment facilities. That nuclear program did not have a civilian purpose, its sole purpose was projecting power in the region and intimidating Israel.

                    The only durable way achieve peace in the Mideast is the collapse of Iran and of its regional proxies. Disarming Hamas, Hezbollah, and the Houthis is a necessity before things like rebuilding Gaza is possible at all.

                    • viler

                      Mostly yes. Just a small correction - Iran does not need to collapse; its occupying Islamic regime does. It's what has already driven Iran into pretty much a state of collapse already; when it's gone Iran can be rebuilt.

                    • hardbass

                      It is simply common sense for any country that is not the USA to develop nukes against the USA. It doesn't matter what your morality is or if you are a dictatorship or democracy, the USA just gets strange ideas and starts shooting and bombing random countries sometimes.

                    • GeorgeWBasic

                      "The only durable way achieve peace in the Mideast is the collapse of Israel and of its regional proxies"

                      There, fixed it for you. No charge.

                      • viler

                        What are Israel's "regional proxies", and how have they been acting against peace in the region in any way that's more destabilizing than Hamas, Hezbollah, Hashd ash-Shaabi, the Houthis, the Fatimioun, the Zainabioun, and all those other tentacles of the occupying Islamic regime in Iran?

                      • stale2002

                        Israel has 100+ nuclear weapons dude. And if it was in any real danger of actually being collapsed, I can promise you that it would use them. You better hope that never happens and instead Iran makes peace with them.

                        • hardbass

                          Excellent, that clearly shows who is the volatile ultra terroristic madman in the region. All the more reason to check Israel right now.

                  • stale2002

                    No, actually. Iran did not stop funding proxy militant groups.

                    If Iran stopped funding Hezbollah then real peace could have been achieved.

                    • hardbass

                      If Israel stopped randomly invading sovereign countries and launching missiles anywhere and everywhere into unrelated foreign countries like Dubai, spraying chemical toxins on farms in random countries, then real peace could have been achieved.

                  • GeorgeWBasic

                    That's true: Obama bucked the trend. Overall, there were still many powerful interests in the US who despised Iran waiting to take power. I'd still call it just a matter of time.

                • stale2002

                  > 1953

                  You are going to go back a whole 70 years to make your point? Isn't it time to get over it?

                  All the surrounding governments are at peace with everyone else. Iran could have had the same thing if it wanted. All it had to do what stop funding proxy militant groups.

                  • Dylan16807

                    > You are going to go back a whole 70 years to make your point? Isn't it time to get over it?

                    The US government needing to get over it is their point.

                    Also the relevant year they're going back to is 1979.

  • kstrauser

    > Indeed. Who could have predicted this?

    Notably, the two countries involved literally fought a war about one's wish to enforce laws in the other, with the latter declaring that no, it'd prefer to operate independently of those laws.

    Look, that was 250 years ago, and we've buried the hatchet. We've had our spats, but it's more like siblings arguing. Let someone else attack one of them and they get reminded that only these 2 are allowed to pick on each other. That said, our entire country was literally built on a legal system that says Americans aren't subject to British law. It's kinda part of our national character.

  • onetimeusename

    Well, my reading of this is Ofcom did not lose overall and 4chan technically lost the lawsuit despite Ofcom having no way to enforce fines. I don't think Ofcom's purpose was ever to collect the fines either. Now keep in mind, 4chan is the first website that had ever been issued a fine by Ofcom under the UK's Online Safety Act. I think that is interesting because it's a noteworthy site which suggests the selection of it was more targeted. Note that is my speculation.

    4chan sued Ofcom over the fines. Ofcom has been perhaps waiting for the outcome of this suit and is announcing they can't collect fines but I don't think that was the purpose. They have the power to instruct ISPs to block domains and to me it seems more likely that is what they will do and that was perhaps what they wanted from the beginning.

    • nonethewiser

      This is how the UK gets it's own great firewall.

      Demand online services change their services to conform to their law. Because its accessible from the UK.

      Services refuse.

      Up goes the wall.

      • miohtama

        The UK has has this for years.

        4chan was already blocked by ISPs and you need to call them to unblock it on your connection.

        Because of this, it is questionable why Ofcom picked 4chan as a target it the first place.

        • windowliker

          >4chan was already blocked by ISPs and you need to call them to unblock it on your connection.

          Correct. UK ISPs already implement a fairly wide-ranging block list (which even includes archive.org) for any subscribers who do not explicitly opt-in to 'adult' content access privileges.

      • vr46

        I guess you don't know what actually happened. All but four of the 200 companies Ofcom asked for compliance, complied. The point is about any business that operates in the UK, and especially if it generates income from the UK, should be subject to certain laws in the UK. Not because they're accessible from the UK.

  • everforward

    I actually wouldn’t have been shocked if other countries had helped, and the powers that be may regret enforcing their sovereignty here.

    Countries used to enforce this at their borders (for foreign information) because it largely worked. They couldn’t stop 100% of the copies of the book, but they could stop there being enough copies for it to be part of the cultural zeitgeist (most of the time).

    Not anymore. The companies don’t have a local HQ to harass, and the information doesn’t flow through infrastructure the government owns. They’ve pretty much entirely lost the ability to control the flow of information, and they’ve largely lost the ability to control its direction either with the fall of major news outlets.

    I don’t think they have the support for a China-style great firewall, but I’m not British so maybe I’m wrong.

    I think it’s a good thing information is set free, but I see why they tried it. It’s the only politically tenable way they had to try to keep that control.

    • nephanth

      No need gor a china-style great firewall. Just compel your local dns providers to stop resolving that website. That's what they do for copyright violations

      Easy to circumvent ? Sure, but most people don't know how, so you've made the website inaccessible to the vast majority

      • Bender

        The infrastructure is already in place for a global great firewall. One need only to compel Google and Cloudflare to block a site in their DNS and most of the planet will not be able to reach it.

      • immibis2

        I'm continually surprised there are no operating systems, not even Linux distros, that run their own resolvers by default.

  • philipov

    Maybe they weren't allowed to not try? Like adding Denuvo to your game doesn't stop piracy, but your investors will be angry if you don't make the (wasted) effort at due diligence.

    • DANmode

      Those toolkits don’t even seem to be intended to stop piracy - they seem to add value by slowing it down long enough to make the first 2 weeks (days) of sales. The people using them usually understand that.

      • Gormo

        Yes, but the point is that the motivation for taking these actions isn't for them to be effective, but to satisfy performative requirements imposed by external parties.

        • munk-a

          There is an old saying "Nobody gets fired for buying IBM". This is just yet another facet of CYA where we know it's of limited utility and the cracking will happen either way but if you specifically argued against Denuvo before the cracking happens it's your ass on the line for it.

        • DANmode

          Yes

      • gambiting

        Just to clarify something - these toolkits have gotten to a point where they can now go months without being broken. Yes everyone involved knows they will get broken eventually - but as you noticed the intention is to protect the majority of the sales which happen within the first weeks after launch. Just wanted to make it clear that the timescales have shifted from just hours and days to months lately.

  • account42

    I would expect that they expected to not be able to enforce it. It's a play to get the british public on board with even more draconian surveillance state laws and technologies which will be needed to protect their children from evil american companies.

  • nonethewiser

    >I may be reading too much into the editorialized writeups about Ofcom but even their statements imply they thought they were just going to impose their laws globally and that other countries would line up to help them do it?

    Yes this is exactly what they thought, and no it is not surprising. Section 204 of the Online Safety Act of 2023 specifically says the Act covers internet services provided from outside the UK as well.

    Of course the rest of us think its stupid. But the UK government doesnt.

  • btilly

    I am surprised that https://www.law.cornell.edu/uscode/text/28/4102 was not cited.

    It's not just that courts generally decline. It's now also against US law for them to enforce the judgment without assessing the Constitutional issues. And the burden of proof is on those trying to enforce the judgment.

  • mattlondon

    The other option (and this is I admit charitable) is that this was always obviously never going to work and this was all a performative political thing in the first place.

    By deliberately going after unwinnable cases, there is perhaps here a deliberate attempt to project a "voice of common sense" - effectively demonstrating that this is uneforceable nonsense, regardless of what the then-current government and media insisted. So they make a big show of it being defeated in the hope that the powers that be seen sense and quietly drop it.

    Or they really are delusional. I dunno.

  • Arch-TK

    > Usually when a country goes after a foreign business they enforce it by imposing restrictions within their own borders and threatening the operators with legal action if they ever enter the country.

    Yeah, unfortunately the UK isn't a country, it is actually a circus, so you can't apply any regular logic, you must apply circus logic.

  • lqstuart

    GDPR set a pretty bad precedent (unless they were following another) of having a law that magically applies to their citizens everywhere in the entire world. And all of big tech followed it because of corporate greed I guess? Seems like it'd be pretty easy to just ignore it and then just not pay whatever fines. See how random countries like not having Google.

  • tamimio

    It’s not weird when you add a missing detail, that it is a honeypot!

  • stinkbeetle

    > Which raises the scarier question of why they tried this at all?

    State censors in western countries are becoming increasingly brazen and desperate. Despite the Orwellian slogans about "safety" they all constantly recite, their objectives are securing the supremacy of the regime not the interests of the people.

  • chrisjj

    >> American courts generally decline to enforce foreign judgments that violate the United States Constitution

    How this judgment do that?

    • immibis2

      They're trying to punish someone purely for exercising freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

      We all know the USA punishes its own people for that all the time, of course, but only when the current administration agrees with the ruling, which this one doesn't. It's not that the constitution can't be violated - it's that violating the constitution can be used as an excuse in cases like this one.

      • chrisjj

        Thervare trying to punish violation of the United Kingdom's Online Safety Act.

        What's that got to do with the US constition?

  • spwa4

    > Indeed. Who could have predicted this?

    Not European politicians.

    You see, in the EU international treaties supersede individual countries' constitutions in theory. This is the other way the EU is moving power to executive governments away from parliament and judicial branches.

    Of course, in practice, you have at least a good chance that courts just ignore it (of course the laws of many European countries are a good match, the big thing you get many conflicts about is if 2 governments act on the same company/crime/...). Then the EU court makes a counter judgement ... and is ignored, despite the law. Which is one of the reasons you keep reading the EU is about to fall apart.

  • schleck8

    > Was the defeat a planned showing to justify future action to justify more control of the internet, as Preston Byrne speculates

    When something can be explained by both incompetence and conspiracy, the correct explanation is usually incompetence.

  • nickdothutton

    It’s largely political. Even the rank and file staff there agree that it’s nonsense, being done for appearances.

    • topspin

      Exactly. Ofcom understood it needed a dog and pony show to answer the latest UK moral panic over 4chan. The headlines have moved on, and they can safely take off their costumes.

  • p-e-w

    > they thought they were just going to impose their laws globally and that other countries would line up to help them do it?

    Why is this surprising? The United States does this all the time, successfully.

    Indian citizens living in India, who have never left India and only do business with Indian entities, have to declare compliance with US laws (FATCA) when opening a bank account in India with an Indian bank. This is enforced by the Indian government.

    • Muromec

      >Indian citizens living in India, who have never left India and only do business with Indian entities

      That's just one handshake away from their bank which does have business with US and their dollaridos.

    • thaumasiotes

      > Why is this surprising? The United States does this all the time, successfully.

      The surprise is that Britain is a local backwater and the United States isn't. You can't throw your weight around if you don't have any weight.

    • wonderwonder

      The difference is that Britain is not a super power and has not been for a long time. There is only China and the US. All other western nations and many eastern ones are shells of what they once were.

praptak

"Unless Ofcom is prepared to sail a British invasion fleet here and land ground troops[...]"

Let's not pretend this is the only way (some) laws are enforced abroad. A US company wants your country to put you in jail for hacking hardware you legally own? No problem, they lobby this in trade deal negotiations and they get their way.

This is economic coercion instead of the fleet, so people don't get as angry about this as they should.

cjs_ac

This fits quite neatly with Dominic Cummings' comments to the House of Lords Constitutional Committee[0] about how the British Civil Service can't do anything because no one with any talent wants to work there.

[0] https://www.youtube.com/watch?v=KBBYvj4YQLE (full video is an hour and a half, but you can skip to any bit because he just makes the same handful of points over and over again)

  • Defletter

    Here's the link to Parliament's own on-demand video: https://parliamentlive.tv/event/index/c32e3478-65af-41b2-aa7...

    I'm somewhat dubious of a Youtube channel called "Western Liberty" that was created the day of Cummings's testimony, which contains nothing but the session and short clips of it. Using the link above avoids any potential ad revenue going to that clearly political pointed channel.

    For anyone that's interested, here are the links to the other sessions of this committee:

    - 22nd April 2026: https://parliamentlive.tv/event/index/e79ae489-4db6-4159-88b...

    - 3rd June 2026: https://parliamentlive.tv/event/index/f27d8b93-b09d-433a-8e6...

    - 10th June 2026: https://parliamentlive.tv/event/index/097aadbd-b58d-4f76-90e...

    - 15th July 2026: https://parliamentlive.tv/event/index/87f1e00f-82b5-432b-af6...

    - 2nd September 2026: https://parliamentlive.tv/event/index/110f81a5-32c4-4577-bab...

    - 16th September 2026: https://parliamentlive.tv/event/index/ecf7a237-54c9-40be-922...

    • Defletter

      Dammit, my edit window ran out of time. Alas. While the 22nd April, 3rd June, and 10th June sessions are from that committee, they are unrelated to the inquiry of constitutional safeguards. Skip to the 15th July session. Here's a link to the inquiry: https://committees.parliament.uk/work/9861/the-uks-constitut...

      Anyway, after watching the session with Cummings, I have to say I'm deeply unimpressed with his contribution. While I found his bluntness somewhat refreshing, he was clearly irritated at being (repeatedly) asked to suggest actual solutions instead of just using the session as a pulpit for his grievances.

      • pja

        Failing to do anything constructive about the problems he’s identified is Cummings’ whole thing though.

        He’s like an incompetent Cassandra: people keep on agreeing with his diagnoses, giving him power in the hope that he’ll fix things at which point he makes a complete hash of everything and leaves in a huff having made things worse than they were before.

        If the right ever takes power in the UK in the near-ish future I expect us to go through exactly this cycle again. Cummings seems to be very bad at the politics of driving organisational change & making it stick, which is ironic given that criticising public bodies is what he spends so much of his time doing.

      • cjs_ac

        Sure, but even if he provides no solutions, providing insight into the problems is a worthwhile contribution.

        • foldr

          "I'm smart but my colleagues are all useless idiots" is an insight now? That's pretty much everyone's complaint about their colleagues in all of human history.

        • Defletter

          Except that his grievances are extremely surface level.

          For example, he claims that legal experts, regardless of their political leanings, agree that the small-boats crisis cannot be solved without primary-legislative changes to the Human Rights Act. Does he mention how the HRA is obstructive? No. Does he mention even one change to the HRA that would help? No. Does he mention the scale of changes required? No.

          What's funny is that I'd actually use his HRA example as an example of our constitutional safeguards working exactly as intended: it's for Parliament to decide what our human rights are and their extent, not the whims of ministers. That the Prime Minister and Parliament are refusing to make those changes because they find them to be politically untenable is actually how a democratic system ought to work.

          In fact, I'd summarise his testimony as him being irritated at constitutional safeguards working as intended. For example, he claimed that the biggest enemy to British Special Forces is not Russia, China, or Iran but the Cabinet Office and Ministry of Defence lawyers. Oh no, our ministries are operating within the law! How terrible! He seems to advocate for ministers and ministries to instead adopt an 'ask for forgiveness, not permission' mindset with regards to the law, particularly given his testimony on how things were done during the chaos of the pandemic:

          > That led to some very big decisions inside No. 10 where, essentially, I said on behalf of the PM, for example, "Call the airlines. Commandeer the planes. Fly the planes to China. Pick up all our PPE. Fly back here. We don't care if the officials all say it's unlawful. If we don't get all this PPE back, God knows how many doctors and nurses are going to die as a consequence. Do it, and, if there's a judicial review that says it's all illegal, whatever, the PM will deal with that down the line".

          • roryirvine

            Cummings and people like him seem to think of officialdom as being something like a non-Newtonian fluid.

            Trouble is, he thinks they're thixotropic - give 'em a big whack to get them moving faster - when they're actually by design closer to being rheopectic, absorbing sudden stresses to protect the nation.

            So when faced with the multiple sudden gyrations in policy that we saw under the final five years of the last government, they of course acted as a dampener. That's what they're there for, that's why they're so valuable. But if you don't shock them and instead apply constant pressure in a consistent direction, they'll move smoothly, efficiently, and effectively.

            For a good example of that, see Francis Maude's term in the Cabinet Office in the first half of the 2010s which changed the civil service very much for the better and was responsible for, amongst others, GDS, the Government Security Group, and a lot of open government initiatives.

    • pxeger1

      "parliamentlive.tv" doesn't sound any more reputable, but apparently it's official despite the foreign TLD!

  • pjc50

    Cummings is an absolute crank. He had the opportunity to try and he ended up failing spectacularly, like Liz Truss or Yannis Varoufakis.

  • braiamp

    It’s funny because "no one with talent wants to work there" would explain an organization failure only if there were a competitive job market, one where talented people can freely choose their employer. There isn't, so the actual description is that the British Civil Service, due to having crappy managers and policies, can't do anything useful.

    I'm pretty sure that if we ask the operative layer what should the policies be, they wouldn't even pursue this goal

  • rahimnathwani

    He also talked with Dwarkesh Patel: https://www.dwarkesh.com/p/dominic-cummings

  • 14113

    Utter rubbish. Civil servants can't get anything done because they are chronically underfunded, and yanked around by the whims of the government of the day. Dominic Cummings' is not a reliable source either - he's ideologically at odds with the idea of government _doing_ anything, and because of that has caused a great deal of harm to the UK.

simoncion

In an ideal world, exclusively-US-based companies that host message boards, chat rooms, instant messaging services, and the like would look at this saga and

1) Notice that the odds that a foreign power is going to be able to harm them in any meaningful way for violating their "child 'safety'" laws that curtail freedom of speech and association are very low

2) Notice that 4chan is fighting harder to resist these attacks on free speech and association than many of big names in the sector and reflect on what it might mean when _4chan_ is the hero of the story

Alas.

  • philipkglass

    Notice that 4chan is fighting harder to resist these attacks on free speech and association than many of big names in the sector...

    Isn't the issue that the "big names" in the sector are not exclusively US based? Big American tech companies have employees, assets, or at least a business presence of some sort in countries outside the US, which means that they are exposed to legal systems in those other countries.

    • simoncion

      > Isn't the issue that the "big names" in the sector are not exclusively US based?

      That is an issue, but it's explicitly not what I was talking about. To pick one example, Discord is -AFAIK- US-based. They decided to knuckle under rather than tell the UK, Australia, and others to fuck right off with their free-speech-and-association-limiting horseshit.

      Multinationals have their own problems, but they're -when we measure by number of businesses- a tiny minority of businesses. My commentary was exclusively about US-based companies.

      And even if a US-based company happens to have employees in a country that's pushing this shit, well, they can shrimply close that office and explain to local politicians exactly why. It's regrettable to lose good employees, but it's way worse to be far less of a hero in the fight for fundamental rights than 4chan and Kiwi Farms are just to keep a few good employees.

      • philipkglass

        According to Discord's careers page, they're currently hiring people in the US, UK, Singapore, Portugal, and the Netherlands:

        https://discord.com/careers

        They have a registered office in Schiphol:

        https://discord.com/company-information

        Discord could keep all of its employees, infrastructure, and business within the United States, but like other companies it has not. It would rather pursue more business opportunities.

        • simoncion

          > They have a registered office in Schiphol:

          Ah, I stand corrected. Discord has a branch office in the Netherlands. Thanks for the correction.

          > Discord could keep all of its employees, infrastructure, and business within the United States, but like other big names it has not. It would rather pursue more business opportunities.

          As I said:

            And even if a US-based company happens to have employees in a country that's pushing this shit, well, they can shrimply close that office and explain to local politicians exactly why. It's regrettable to lose good employees, but it's way worse to be *far* less of a hero in the fight for fundamental rights than 4chan and Kiwi Farms are just to keep a few good employees.
          
          Trampling on fundamental rights in order to chase marginally more money is neither admirable nor prosocial behavior.
        • dogleash

          >It would rather pursue more business opportunities.

          You're agreeing with parent poster that they don't care to fight on principle (in the unlikely chance they hold any principle in the first place). You're just using avoidant terminology that skips the criticism inherent in parent's framing.

          • philipkglass

            I'm commenting on how non-US laws may affect businesses, descriptively speaking, without prescriptively stating what I think that the law ought to be.

            I am a US citizen and I approve of US-style free speech protection. If anything, I think that the US still has too much restriction on speech (e.g. DMCA limits on "anti-circumvention" software.)

            However, I also approve of democratic government. If people in other countries vote to treat speech differently than the US, I wouldn't want to live under those laws, but I also wouldn't say that they are incorrect. I think that democratic principles mean implementing the will of the majority, even if I think that the majority is foolish. There are some things that I would fight against (not just lament) even if approved by the will of the majority; I can't fully reconcile my conflicting impulses, but I acknowledge them. All of this would have been a long and distracting aside to my original point, which was that most American businesses of note operate under multiple countries' jurisdictions.

      • gpm

        Discord does business in the UK, Australia, and just about every other country of any relevance. It would be trivial for the UK courts to collect fines against them simply by ordering the payment processors handling payments for them in the UK to redirect those payments, for instance.

        4chan is only reasonably immune from this because it's not really operating as a business...

        • simoncion

          > 4chan is only reasonably immune from this because it's not really operating as a business...

          4chan is absolutely operating as a business ("4chan community support LLC") that accepts payments [0], as is Kiwi Farms ("Lolcow LLC") [1]. There is zero doubt in my mind that both companies have users in the EU, UK, and other jurisdictions that have the sorts of awful regulations that we're discussing. I expect that they also receive payments from users in those jurisdictions.

          Given that you report that it's trivial to do, I wonder why Ofcom declined to levy its fines by way of commanding UK-based payment processors...

          [0] <https://4chan.org/pass>

          [1] The link that leads to [2] is labelled "Donate", but a sixty-second search turns up no indication that Lolcow LLC is a registered US charity

          [2] <https://kiwifarms.net/account/billpay-support>

  • GeorgeWBasic

    Just bear in mind that many US states are implementing the so-called age verification laws, which will soon turn into identity verification laws. So simply being in the US doesn't protect them against having to comply with these things. Someone is going to have to fight the laws.

  • throwawayffffas

    The main difference is that most of the big players have physical presence in the UK. You can't argue British law does not apply to you when you have a campus in Kings Cross.

  • tourmalinetaco

    4chan and Kiwi Farms (via Lolcow LLC), to be more specific.

  • shadowgovt

    Here's the thing though: nobody has to agree 4chan is the hero of the story. It's also reasonable to look at 4chan and say "Gross and legally correct is still gross" and let them soldier on alone.

    You'll note the "First they came for" poem has a beginning and doesn't extend to all subcultures. It doesn't say "First they came for the KKK." And, of course, it doesn't say "First they came for the Nazis."

    • simoncion

      > You'll note the "First they came for" poem has a beginning and doesn't extend to all subcultures.

      Just as saints and captains of industry deserve no less scrutiny and liability under the law than the rest of us, scoundrels and horrible people deserve no less protection under the law than the rest of us.

      If your disgust for an entity prevents you from being able to recognize when they're doing something that's an unalloyed good, then you still have quite a bit of emotional maturity to develop.

      To put the previous paragraph another way: It's entirely consistent to decry an someone as a loathsome scumbag that all upstanding people should shun and refuse to associate with while also remarking that that one time they dove into a freezing river to save a child being swept away was a good and noble thing to do, and behavior that we should all aspire to mirror.

      • Klonoar

        You’re just deploying the standard 4chan argument tactic of appealing to some supposed higher level of emotional maturity.

        It was cute in 2004.

      • shadowgovt

        > scoundrels and horrible people deserve no less protection under the law than the rest of us.

        And they got it. "I'd give the Devil benefit of law, for my own safety's sake." But that doesn't mean anyone needs feel sympathy for the devil. We're not obligated to cheer when the wretched hive of scum and villainy keeps its liquor license another year. The law was followed and we can move on.

        > If your disgust for an entity prevents you from being able to recognize when they're doing something that's an unalloyed good

        ... It is usually the case when we're talking about 4chan (and always when talking about Kiwi Farms) that "unalloyed" is doing a lot of the kind of load-bearing one probably wants an alloy for. 4chan's most positive benefit to society is as a litmus test for precisely how far the [xkcd-1357](https://xkcd.com/1357/) principle goes. They are 100% welcome, per their freedom of the press (and the freedom of speech of their users), to host their website. On their infrastructure. With their own DOS protection. In a country that recognizes those rights and protects them. That's the system working as intended.

        • simoncion

          > ...that "unalloyed" is doing a lot of the kind of load-bearing one probably wants an alloy for.

          No? Saving a child from being swept away in a freezing river is an unalloyed good, no matter how terrible the scoundrel that did it.

          Like I mentioned, it looks like you still have quite a lot of emotional maturity to develop.

          (You might also benefit from checking out 4chan boards that aren't /b/, /pol/, and /gif/.)

          • LoganDark

            > Saving a child from being swept away in a freezing river is an unalloyed good

            What if it's only as part of kidnapping the child and forcing them into grueling slave labor until the day they die? Is that still perfectly unalloyed?

            (Not that I'm saying 4chan is metaphorically doing that here; just for the sake of argument.)

            • shadowgovt

              Your twist on the argument is a fair one since the commenter you're responding to is equating fishing a drowning child out of a river with fighting formal scrutiny regarding their lax approach to policing CSAM on /b/ and /hc/.

              Emotional maturity is important. So is platform maturity. We are long past the point where "reader beware" and "it's just a hobby site" are good enough in an era where under-policed fora result in actual harm. I appreciate 4chan's strong stance on the topic of it not being their job to police their house... But I do often find myself cheering when someone compels them, as a site that receives 22 million unique monthly visitors, to act like they have any host responsibility.

              It's hard for me to be deeply supportive, beyond my legal requirements to be so, of a site that hosts /b/, /pol/, /hc/, and /gif/ because it chooses to host them too.

    • murphyslab

      The original German of the poem does say, at the final line, "Als sie mich holten, gab es keinen mehr, der protestieren konnte." That is, "When they came for me, there was no one left who could protest."

      So, yes, the poem does extend to all subcultures because it reaches out to include every voice of opposition to totalitarianism, until no one is left but the speaker.

      It's also meant to be understood in the first four lines: The people mentioned — communists, trade unionists, social democrats, and Jews — were meant to be emblematic of people who are seen as enemies or outsiders to the author's cause. These are people whose values are seen to be radically different than our own.

      Remember the context: the author of the speech, which was re-rendered as a poem, was a real person, Martin Niemöller, who was a pastor in the Confessing Church, which was an underground church movement organized in resistance to the Nazis.

      However his speech, given in January of 1946, was an indictment of the Confessing Church. The movement was initially organized primarily as a form of resistance to governmental interference in religion, rather than to speak out for all people. Niemöller was, in fact, explicit that this was about people who were his "opponents" and his "enemies":

      > "... The people who were put in the camps then were Communists. Who cared about them? We knew it, it was printed in the newspapers. Who raised their voice, maybe the Confessing Church? We thought: Communists, those opponents of religion, those enemies of Christians—"should I be my brother's keeper?"

      Instead, Niemöller points out, in a theologically poignant allusion to the story of Cain and Abel in Genesis 4, that we have a responsibility to our fellow humans to look out for their wellbeing and their interests as our own.

      So yes, that poem calls for you to look out for the wellbeing and interests — including freedom from oppression and censorship — for those folks who you might now perceive to be your enemies.

      See:

      https://en.wikipedia.org/wiki/First_They_Came

      It should be noted that Niemöller was not the only one to draw on this story as an indictment of the church's inaction. Margarete “Marga” Meusel, a contemporary and correspondent of Niemöller wrote this in 1935 which was antecedent in the body of thought informing the 1946 speech:

      > Why does the church do nothing? Why does it allow unspeakable injustice to occur? ... What shall we one day answer to the question, where is thy brother Abel? The only answer that will be left to us, as well as to the Confessing Church, is the answer of Cain. ("Am I my brother's keeper?" Genesis 4:9)

      https://en.wikipedia.org/wiki/Confessing_Church#Aftermath

      https://de.wikipedia.org/wiki/Marga_Meusel

      • Alpha3031

        > extend to all subcultures

        > every voice of opposition to totalitarianism

        Unless your definition of "opposition to totalitarianism" is very different from mine, I would hope it is transparent that the examples given in the comment you replied to are not such voices.

      • shadowgovt

        What of the wellbeing and interests of the vulnerable who stumble onto /b/ ill-equipped for the firehose? Are we their keepers also?

        This may be one of those "not everyone gets to win everywhere" situations. And if I have to choose protecting 4chan vs. protecting children...

        ... I can see two positions on the topic which have merit. So it's a good thing there are separate nations to decide on different bars of safety.

        I would have no problem with a world where 4chan is free to operate in the US and blocked in the UK. Different countries with different cultures.

        • Levitz

          >This may be one of those "not everyone gets to win everywhere" situations. And if I have to choose protecting 4chan vs. protecting children...

          Which to be clear, is nothing but a fiction you built yourself in order to insist on your failed arguments, 4chan is a 18+ site and it enforces the rule. It's literally the second rule of the site just below not posting illegal content.

        • lukewarm707

          Think of the children!

          This message was sponsored by SafetyTM.

          Every single day And every word you say Every game you play Every night you stay

          I'll be watching you

        • StanislavPetrov

          >What of the wellbeing and interests of the vulnerable who stumble onto /b/ ill-equipped for the firehose? Are we their keepers also?

          No, in a free society the government doesn't decide, via its monopoly on violence, what it's okay for consenting adults to say or hear. And in a sane society, parents are responsible for policing what their children see and hear, and not the government.

mm263

This is just laying down the ground work for Russia-style deep packet inspection. “We don’t have a capability to censor the foreign internet, so we need measures to cut off the violating sites from our side”

  • windowliker

    The UK already has a very extensive block list which most ISPs already implement:

    https://en.wikipedia.org/wiki/Web_blocking_in_the_United_Kin...

    I don't see the need for extra tooling like DPI when the willingness and methodology to outright block sites at a higher level is already in place. Also bear in mind that the groups who have compiled the most widely implemented block lists are also major sponsors of the bill which this 4chan story refers to, so they have largely gotten what they wanted.

  • ifwinterco

    I think it’s an open question whether the British state has the technical chops, money and willingness to implement a Great Firewall type solution.

    The state isn’t totally incompetent but doing it properly would be a serious undertaking, the kind of thing where the recent track record of big government tech projects isn’t great

    • u8080

      I heard the same argument for several years in Russia while government was building competences. They have money, so could just hire top tier commercial companies who are the best it their field.

    • jubilee33

      Why are you assuming that they aren't totally incompetent? They look pretty incompetent from my perspective. Or they just want to present the appearance of incompetence for an ulterior motive? That seems needlessly complex when they are already admitting their malevolence daily.

      • ifwinterco

        There are examples of the apparently ineffective British state suddenly gaining some teeth and some competence when they actually care.

        One example is after the Southport riots, miraculously the justice system became hyperefficient and the perpetrators were found, arrested, charged and jailed within a week.

        That suggests a lot of what looks like incompetence (potholes, petty crime, maybe also this) is actually just the state not really caring about a lot of issues.

        If they decide they really care about internet censorship, I wouldn't rule out them suddenly becoming a lot more competent in that specific area

    • Orygin

      They already track everything going through the undersea cables, why couldn't they start blocking at those points?

      • ifwinterco

        Getting the raw data is relatively straightforward, but my understanding is doing real time DPI at country scale without being easily circumvented (and without breaking the rest of the internet you want to work) isn't so easy.

        If you want to really make sure nobody in the uk can easily access 4chan (PRC style) it needs some effort, and you're in an arms race with attempts to mask/tunnel traffic so it gets through

      • dannyw

        Splicing and mirroring a cable is about 10x easier than filtering it.

  • u8080

    Sorry for copypaste, but I still hope people will see true intentions of govt.

    Just a recap how it happened in Russia:

    1. First, year ~2015 legal framework was created under disguise of banning pirated media(specifically torrents.ru)(legislative push). State-wide DNS ban introduced. Very easy to circumvent via quering 8.8.8.8

    2. Then, having legal basis, govt included extra stuff in banned list(casinos, terrorist orgs, etc)(executive push). IP bans introduced, applied very carefully.

    3. Legal expanded allowing govt to ban specific media on very vague criterias(legislative push). IP blocks tried on some large websites. DPI hardware mandated to be installed by ISPs to filter by HTTPS SNI(executive push).

    4. At ~2019 Roskomnadzor(RKN) created, special govt entity which enforces bans without court orders(legislative push).

    5. ~2021 sites become banned if they are not filtering content by Russian laws by request of RKN(executive push). VPN services were obligated to also DPI-filter traffic(legislative push).

    6. ~2023 Crackdown on VPN started(executive push). Popular commercial services were IP-banned, OpenVPN and IPSec connections selectively degraded by DPI.

    7. ~2025 Heavy VPN filtering(vless, wireguard, etc) introduced(executive push). Performance of certain sites were degraded(youtube, twitter, etc ).

  • bnastic

    That's already been done, on the ISP level, some time ago. For torrent sites and similar, if I remember correctly.

    • crimsontech

      I'm pretty sure it was to protect the children, or fight terrorism, or to save the NHS, or lower taxes.

  • TZubiri

    deep packet inspection is not really necessary, headers contain information about the destination, as long as you don’t encrypt those, there is no need to do any decryption.

    • mm263

      You just need to follow this to the logical conclusion. They’ll ban using your proposed method, people will switch to VPN and other modern methods and to combat people still accessing the forbidden internet they will need DPI and TSPU-like devices

      • 9x39

        I think the conclusion is more like mandating home and business web access is proxied at a national level and most other protocols disallowed. Use of VPNs without a VPN tax stamp and key escrow is prima facie evidence of violation of the Counter-Terrorism and Security act. Use of non-standard protocols is assumed to be criminal intent. Check with your approved internet provider for how to access the Internet safely.

      • TZubiri

        What proposed method? I'm explaining how things work. In order to send a packet, the destination address needs to be known to the delivering entities. Encryption occurs by using enveloping, the envelope is unencrypted, but the content is encrpyted.

        This is how it works, if you want I can explain to you why it works like this, or you can work it out from first principles. But this is not a proposal.

        VPNs are an asterisk and they work not by avoiding this natural unavoidable principle, but by tunneling, the VPN or proxy vendor is putting themselves on the headers, and on the backend they still route the packets to the destination by putting the intended destination on the headers.

        If these VPNs don't comply with local regulations and are used to evade national restrictions they can and are often themselves subject to bans. But even if not, it acts as a sort of waiver and compromising element for all illicit activity.

        Sometimes it's not necessary to completely outlaw something, it is sufficient to make it so that engaging in the outlawed activity is sufficiently uncomfortable and clear that it is illegal, forcing users to undeniably acknowledge they are avoiding the law. An example of this is trying to watch pirated movies without paying for them, yeah you can do it, but you gotta do some shady shit and dodge a lot of malware, and eat shady gambling ads and etcetera.

        In addition to making you feel like an asshole, it removes any recourse you may have, it's very hard to make any claim later, you cannot really complain later if you were accessing it illegally to begin with. Nobody is going to pursue you to the end of the world not to access a pirated movie or an illegal website, but they pursue the distributor and make things very uncomfortable enough so that you are effectively hiding like a fiending outlaw.

  • iamnothereOP

    Likely yes IMO, especially since the UK is making moves to militarize.

miohtama

Think of the kids the world we failed to protect by not having passport checks and government snitch at the 4chan login.

But don’t worry! We will check your passport when you open your phone (already live in the UK, efforts supported by the GBP 2M secret donation of Meta to NGOs).

And what’s the worst thing that could happen? No one would for sure arrest you for being critical of a foreign government.

https://www.independent.co.uk/news/uk/crime/palestine-action...

  • DoingIsLearning

    > No one would for sure arrest you for being critical of a foreign government.

    Does _not_ need to be foreign.

    People in Western Democracies assume we are immune to dictatorships.

    Plenty of dictatorships in our modern history were regressions from at least some form of functional democracy, many even regressed from long lasting robust democracies.

    So much of the UK, EU comission, Palantir moves is straight up Stasi playbook.

    It is almost disrespectful of German History and collective suffering for VDL to stand on the wrong side of history with this corporate puppetering.

egorfine

> American courts generally decline to enforce foreign judgments that violate the United States Constitution

You don't say!

> American courts are not necessarily required to enforce foreign penal judgments

Shocking.

What's the rational point of existence of Ofcom? Plain censorship?

lifeisstillgood

I think this is just one more case of “we thought we lived in Western Civilisation and all agreed on how to handle the problems of the world”. And we are discovering that we actually live in American Civilisation, and the differences are becoming insurmountable.

The problem is America cannot stand alone - everyone needs friends

nickdothutton

When European governments say they will lead in technology regulation, this is what they mean.

trinsic2

> I wish them luck in that important work. In the meantime, we Americans have plenty more work to do on this side of the pond to protect our border and prevent the British, Australian, Russian, and other foreign censorship regimes from crossing it.

We got our own problems with Authoritarianism. There is no need to protect our borders from something our own government and corporations are practicing day in and day out on our own people, in our own country. You might want to acknowledge that first, before assuming we got problems across the pond.

And BTW the real answer is to enforce antitrust and put an end to Citizens United to prevent money from flowing into our political institutions and reign in these corrupt business. You might want to add that as well to your point about the GRANITE Act

  • outoftheabyss

    Your quote references censorship specifically and while there are some creaks in the first amendment here and there, it is nothing compared to the censorship machine running in the UK and Europe.

    • trinsic2

      What the hell are you talking about? We have the same problems as the UK and they are just as bad. We are at the cusp, while the UK is further in, but we still have the same problems..

gupti

I hope the precedent doesn't change to trying to enforce fines on foreign companies by instead arresting and fining employees upon arrival to the UK.

Though I guess we've already seen something similar in 2024 with France and Telegram...

gupti

I hope the precedent doesn't change to trying to enforce fines on foreign companies by instead arresting and fining employees upon arrival to the UK.

Though I guess we've already seen something similar in France with Telegram...

game_the0ry

Its adorable that the UK gov thought they could beat the internet.

The world wide web remains undefeated.

not-kinsale-joe

It's annoying, in the UK you can browse 4chan but not Imgur

jubilee33

I'm not sure who the other three clients are, But in the case of 4chan, people are also forgetting that it is well known to be an intel gathering and propaganda disseminating platform closely aligned if not run indirectly by the US government. It's not blocked anywhere that much more tame sites are usually blocked, perhaps china is the only one I know of and even google is blocked there, and that makes me suspicious. Yes there are organic users on there outside of the political places, But many, especially those that are disgusted by the site, forget the very real impact that 4chan has had on current events, I just don't see any of this situation as organic.

lukeify

We need to start collectively shaming individuals in the tech sector who work for these censorious government agencies and do their bidding.

MisterMunchkin

Good, fuck off ofcom. We always mocked Chinese censorship but we’re not really any different now.

TZubiri

does this mean the UK will block 4chan in the UK? if the defense is jurisdictional then 4chan can continue to serve US users, but there would be no recourse if the UK blocks it in their jurisdiction

  • miohtama

    The UK ISPs already did this earlier. What Ofcom really wanted is to flex their muscle and kill 4chan because it represents Satan for them.

    What Ofcom wants next is to make VPNs illegal.

    • pjc50

      It is not blocked in the UK.

      I think OFCOM themselves recognize the problem with trying to ban VPNs, but extremely dim MPs and extremely angry newspapers (who are the underlying enemies of free speech here) don't.

    • crtasm

      Did they fully block it or just put it on the blocklists that you can turn off in your account settings?

      https://www.blocked.org.uk/site/http://www.4chan.org suggests the latter to me, but the checks aren't very recent

      • miohtama

        Using a nationwide default blocklist to address 4chan would be appropriate behaviour for Ofcom, given its duty to protect kids.

        Beyond that, it is just madness to try to control the US company or fine it. Going beyond this duty shows that not all biscuits are present at the afternoon tea.

        It's not like Facebook, or anyone's personal life or business, depends on 4chan.

      • ryankrage77

        In my experience, ISPs just 'block' it at the DNS level. Using another DNS provider 'unblocks' everything.

        • TZubiri

          This is my experience too, I don't know why they don't do IP level blocks. It's pretty trivial to evade a lot of bans.

          I think the Spain-Cloudflare case does IP level blocks and it has a lot of side effect damage, but if I recall they do IP-block level blocking because the vendor, cloudflare, provides header/envelope encryption and pooling, so the Spanish courts considers it legal to block the whole service even, alleging that they are not collaborating with court orders, they just choose not to block the whole provider to reduce the collateral damage, even if they consider they have jurisdiction to block all of CF

          • miohtama

            Pirate streams have better access to public IP addresses than legitimate services, so blocking Cloudflare does nothing but destroy legitimate businesses.

    • tourmalinetaco

      4chan and Kiwi Farms, which is something the article intentionally glosses over. Honestly, KF is a far more “dangerous” place in the eyes of the UK government, as 4chan hasn’t been relevant for around a decade, and the combined efforts to deplatform KF traditionally has been fruitless.

  • whywhywhywhy

    Why would they block it if they hope to get money from it.

metalman

4 chan is the most bent place on the internet that is just wide open, and in my short forrey I did see and read a bunch of horrible stuff, but there are other areas in there where certain counter culture groups with no violence or ranting seem to be hiding out for the privacy, and there are also people who go in to challenge some of the worst obscenities, and as it turned out I have a friend who does just that, even going so far as to learn the intricasies of these groups and chase them around the net to pick there horrible theories and causes apart, driving some of them completly insane in the process. it's not like there are not worse places, and 4 chan realy is sort of cartoonish and juvenile, so the best thing is to openly acknowledge it and like all the bad stuff label it and remind people of the risks of getting caught up in this, or any, cult.

draw_down

> American courts generally decline to enforce foreign judgments that violate the United States Constitution

Good grief. This is sad stuff.

  • mahboi

    What else should happen in this case?

  • drnick1

    No, it's called sovereignty.

  • ImJamal

    Are you saying it is sad that American courts do not enforce foreign laws if they violate the US constitution? If so, then are you in favor of Russian, Chinese, various Muslim countries' laws being enforced in the US?

    • chihuahua

      Iranian Fatwas enforced/carried out by American courts, that could get interesting.

    • deaux

      I think you meant to ask "are you in favor of the CLOUD Act and FACTA (among others) being enforced outside the US?"

philipwhiuk

This was a fairly stupid case. Ofcom didn't try to enforce it abroad, 4chan sued Ofcom in case it did (mostly for PR purposes).

Ofcom knows its rulings don't apply internationally.

So yes, the status quo is enforced by the US courts, as if it was ever in doubt and nothing at all has changed.

  • Orygin

    Didn't Ofcom send multiple threat letters to 4chan, requesting they comply with UK laws? That counts as trying to enforce it

    • tourmalinetaco

      Yes. Ofcom sent multiple extortion letters to 4chan and Kiwi Farms, demanding they pay up and/or submit to British rule. Saying it was for “PR purposes” is equivalent to saying that reporting blackmail is for PR. GP also fails to understand that specifically US courts have no jurisdiction to stop international extortion, which is a loophole through the FSIA. For now, this creates a gridlock: the UK has no ability to seize assets from non-UK entities, but are free to fine and declare non-UK entities as in violation, which aids internal and even international pressure to censoring speech critical of the UK government. In response, US legislation is being proposed (GRANITE Act) that aims to close this loophole.

mellosouls

Note this nonsense headline and article is just more puffery from the theatrical 4chan side and doesn't represent any official legal position.

Of course ofcom knows its power is limited, that shouldn't stop it attempting to do it's job, however much that job might irk foreign operators publishing to ofcoms jurisdiction.

The fact is the US has different standards to the UK. It doesn't mean one is right and one is wrong but it does mean that those differences will cause cultural and legal friction that responsible operators will attempt to diminish within reason, while others will attempt to capitalize for publicity.

jalev

Cool. So 4chan is going to get DNS blocked in the UK and I can finally stop hearing about this and all the Americans takes on what my country's enforcement mechanisms should be.

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