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by irtigor 1587 days ago
Liking it or not you do have legal or economic presence when you accept people in Germany to visit your site (e.g at first more than a few American websites simply blocked all EU traffic after GDPR was approved), and if you keep violating the local law after being requested to cooperate, they will fine, emit arrest requests and sure enough if deemed necessary also block your website temporarily/permanently, in other words they will do what they would do in any other case even if the full application of the law is less effective because you are not physically there (or have any interest to be) to personally see a big difference in your quality of life.
1 comments

Then block the website. It's not my responsibility to bring my website into compliance with the laws of all 200 countries in the world and the laws of the jurisdictions within them. Because of VPNs, it's impossible to tell which users belong to which countries (and even without it, geo IP isn't that reliable).

> e.g at first more than a few American websites simply blocked all EU traffic after GDPR was approved

Those websites have parent companies who have an economic presence in the EU.

Or they didn't have a parent company with even more economic presence than just them (serving American-centric news with ads), but they would like to have that path still easily open in the future, after all its a big market and... that's the point. Off course you can literally ignore all legal requests for compliance from all foregein countries until they do the worst that they can legally do to you which isn't much if you truly have no particularly strong personal or business related interest in them (lose users that you didn't care to have in the first place, cut a travel destination off your list because if you show up you can be held in prison for not paying a fine... Or whatever), but telegram is not you and apparently they care about being able to continue do business there (allowing people in Germany to use the chat app), so not complying is not a option.
Should Belarus be allowed to arrest a blogger who enters their airspace because somebody else made a critical comment about Lukashenko on their blog?
"Should" has no place in what I'm trying to explain to you. I have never said laws are always fair or anything like it. The point is that you can't have your cake and eat it too, by saying "but my servers are in the usa, just like the physical office", "but it is truly impossible to stop every German user to use my site" and stuff like that you will only sound extremely naive, what they (you or anybody) can do is ignore the request to comply with foregein law and suffer the consequences (be blocked there and/or several others) or comply with the foreign law and that doesn't mean necessarily removing the content (focusing in this case), they can opt to make a honest attempt at blocking Germany users from using the app (leave the German market).
If the consequence is blocking, that's completely acceptable. If the consequence is that I have to comply with the laws of 200 jurisdictions and probably more or otherwise get arrested if I step foot on their soil (or pass through their airspace), that's completely unacceptable.
Well you always have the option of not doing business in 200 countries, just because the internet made that easier it doesn't mean you must... About consequences for completely ignoring the courts that will depend on what exactly you are being accused of facilitating/doing, who's accusing you... Just as usual.