[free-sklyarov] Dual Moralism

Eric swive at getnet.com
Thu Nov 15 12:14:00 PST 2001

> >
> > If America applies the DMCA extraterritorially to Russian
> activity, it would
> > not be the first time a country has done this.  What country
> are you from?
> > If you are from somewhere besides the U.S., I bet I can find an instance
> > where your country has applied its law extraterritorially.
> Countries do it
> > all the time, and have been doing it for hundreds of years.
> Finland

1.  Finland is a member of the EU.  The EU supports the extraterritorial
application of the EU Data Privacy Directive.  See Parliament and Council
Directive 95/46/EC of 24 October 1995 on the Protection of Individuals with
Regard to the Processing of Personal Data and on the Free Movement of Such
Data, 1995 O.J. (L 281) 1.

2.  The Antibribery and Fair Competition Act of 1998 is a law that amended
the Foreign Corrupt Practices Act (FCPA) (15 U.S.C. ?? 78a, 78dd-1 to
78dd-3, 78ff (1994 & Supp. IV 1998)) which was first adopted in 1977.  The
OECD Convention called upon signatories to assert both territorial and
national forms of jurisdiction. Convention, art. 4, 37 I.L.M. 5.  "National"
jurisdiction means that a member country can enforce the law against its
citizens no matter where on earth they roam.  This is otherwise called
"extraterritoriality."  Finland has ratified this ammendment,
http://www.oecd.org/media/release/nw98-124a.htm, and so has ratified the
extraterritorial application of its laws.

3.  Also, the Finnish Criminal Code, for example, provides in Section 1(3)
that a crime is considered to have been directed at Finland if the act
endangers the Finnish state, military, or economic rights, even if the crime
occurred outside the Finnish territory.

4. Also, Finland applies its child porn laws extraterritorially, but I can't
give you a cite for that.

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