News for hackers. Stuff that matters.
Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by aestetix on Thursday August 15, 2024 @01:13PM (#41258239)
I wonder if people have forgotten the legal grounds on which the US claimed jurisdiction. I may be misremembering, but I think it was because megaupload.com was registered as a .COM, and the .COM top level domain is owned by Verisign, an American company, and therefore the US has jurisdiction over it.

I guess one lesson from this is that running out of .COM domain names is not a bad thing, because it reduces the grip the American empire has on the internet.

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by pembrook on Thursday August 15, 2024 @02:19PM (#41258911)
It doesn't really matter because, as the dominant world power and arbiter of the world's currency, the US can invent legal grounds to do pretty much anything to anyone.

The US government is so powerful, they are the only country that enforces a draconian global taxation scheme on any citizen or person who has ever held a US green card, even after they permanently leave the country. The US treasury will withhold the ability to transact in US Dollars from any country that does not report the holdings of US-adjacent persons every single year.

If you think you're out of reach of a country that treats their own citizens as criminals by default the minute they leave the country, I have some swamp land in Florida to sell you.

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by umvi on Thursday August 15, 2024 @02:27PM (#41258983)
USA can't tax non-citizens. Revoke citizenship if you really don't want to pay. That comes with a lot of downsides though (no more US passport, no getting rescued by the US if you wander into North Korea, etc), which implies the taxes aren't for nothing just because you live out-of-country.
Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by thesz on Thursday August 15, 2024 @02:51PM (#41259201)
Ask Tinkov [1] about revoking citizenship.

[1] https://www.expatriationattorneys.com/tinkov-conceal-foreign...

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by 0dayz on Friday August 16, 2024 @07:22AM (#41265297)
Maybe first ask him why he did tax fraud and not revoke his citizenship?
Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by csdreamer7 on Thursday August 15, 2024 @02:49PM (#41259185)
> USA can't tax non-citizens. Revoke citizenship if you really don't want to pay. That comes with a lot of downsides though (no more US passport, no getting rescued by the US if you wander into North Korea, etc), which implies the taxes aren't for nothing just because you live out-of-country.

The USA can, and does, tax non-citizens. Many countries tax non-citizens. Go out and buy a foreign stock-they will tax you on earnings or dividends. Go visit a country and pay the local sales tax.

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by achierius on Thursday August 15, 2024 @04:52PM (#41260246)
What he meant was that the USA can't levy income tax on non-citizens living in other countries.
Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by glenngillen on Thursday August 15, 2024 @06:06PM (#41260940)
If I don't complete my FACTA compliance forms with my Australian bank every 2-3 years to (re)confirm that I am an Australian, living in Australia, using my Australian bank account then my bank will withhold certain amounts to cover my supposed obligations to the IRS.

Sure smells a lot like levying tax on non-citizens living in other countries.

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by csdreamer7 on Friday August 16, 2024 @12:13AM (#41263111)
Do all Australian banks now require that or is it because you work in some sector, like import/export?
Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by glenngillen on Sunday August 18, 2024 @05:09PM (#41285527)
All banks
Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by pembrook on Thursday August 15, 2024 @05:49PM (#41260755)
You may be surprised to learn the huge role that US federal reserve policy plays in messing with the fortunes of many countries around the world.

It's quite easy to argue that handing over such power to a single government is in fact a large tax on every non-US citizen.

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by csdreamer7 on Friday August 16, 2024 @12:29AM (#41263179)
> What he meant was that the USA can't levy income tax on non-citizens living in other countries.

I did not see that in his comment. He said tax. You are making a pretty big leap.

Your comment is wrong too and here is the IRS link on when nonresident aliens have to file American taxes. https://www.irs.gov/individuals/international-taxpayers/taxa...

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by umvi on Friday August 16, 2024 @01:18AM (#41263370)
> I did not see that in his comment. He said tax. You are making a pretty big leap.

No, that's exactly what I meant. It's implied from context that I am talking about taxation of people living in other countries. The bit I was directly replying to from root post:

> The US government is so powerful, they are the only country that enforces a draconian global taxation scheme on any citizen or person who has ever held a US green card, even after they permanently leave the country.

So I replied:

"USA can't tax non-citizens. Revoke citizenship if you really ..."

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by rcbdev on Thursday August 15, 2024 @03:35PM (#41259554)
Dodging taxes is not a valid reason to renounce citizenship in the US of A and having renounced citizenship for of "tax reasons" is a question on the standard ESTA form. If you check "yes", you can't enter the US.

So, legally speaking, you not only lose citizenship but also the right to ever step foot on American soil again, no matter which other citizenship you gain.

Of course, you can just lie about your reasons on the forms.

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by devnullbrain on Thursday August 15, 2024 @03:32PM (#41259523)
> Revoke citizenship if you really don't want to pay.

N.B.: you have to pay to revoke citizenship.

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by ghnws on Thursday August 15, 2024 @02:30PM (#41259014)
Pretty far fetched benefits
Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by throwadobe on Thursday August 15, 2024 @02:23PM (#41258946)
> enforces a draconian global taxation scheme on any citizen or person who has ever held a US green card, even after they permanently leave.

That's not quite true. If you _return_ your green card ("abandon it"), you no longer have to pay taxes. This makes sense as a parallel to being a US citizen, who would pay taxes even if they lived abroad.

I'm not saying it's right, but we need to be accurate.

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by Aspos on Thursday August 15, 2024 @02:55PM (#41259220)
Even those who officially abandoned their green cards are subject to FATCA for life and often struggle to open bank accounts abroad.
Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by gamblor956 on Thursday August 15, 2024 @06:14PM (#41261025)
That's false. FATCA only applies to American taxpayers like U.S. businesses[1], citizens, greencard holders, and other residents [2]. It does not apply to nonresident illegal aliens, former citizens, or nonresident former greencard holders.

[1] In this context, including foreign businesses that file a U.S. tax return. [2] Note that for FATCA purposes, if a person is a US taxpayer for any portion of the year, they are subject to FATCA compliance purposes for that tax year no matter how much of that year was actually spent as a US taxpayer. However, if they are not a US taxpayer at the end of the year, they would not be subject to FATCA compliance for the following year.

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by Aspos on Thursday August 15, 2024 @11:49PM (#41262999)
Yes, theoretically. Practically though when one applies to open an account they will be asked "do you have or have you ever had a US address or phone number? Have you ever had a greencard? Have you ever had SSN? Were you a subject to US taxation?" and single YES would lead to rejection. For banks which make a few bucks per year per customer dealing with anyone who remotely could be a subject to FATCA is just not worth it.
Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by gamblor956 on Friday August 16, 2024 @12:36AM (#41263204)
No, not theoretically.

FATCA does not apply once you are no longer a US taxpayer. Moreover, the FATCA regime has been copied by so many other countries (including the EU) that there is now a global version of FATCA called CRS (and the procedural system for implementing CRS is known as AEOI).

FATCA is now considered the least burdensome implementation of CRS, which has been implemented by all OECD countries, China, India, and Brazil.

If a bank is turning you down because you answered "YES" to the FATCA question, the problem isn't FATCA. The bank is trying to avoid an audit and it's a huge red flag not to do business with them.

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by pembrook on Friday August 16, 2024 @07:53AM (#41265487)
I'm sorry, it's not that simple.

Banks are run by people and they are private businesses. Humans don't follow laws like computers follow instruction, we are flawed creatures. Businesses will mitigate risks wherever possible, and refuse to work with customers who carry added risk all the time.

While in theory this shouldn't be causing people trouble and preventing people from getting locked out of the banking system or forcing them into unfair agreements, in reality, it is.

It turns out government regulation has unintended consequences. Just because it's "wrong" for them to interpret the regulation in this way, doesn't change the fact that many many established, legitimate banks are doing it "wrong." Nor does it help the people suffering the consequences to point your finger back at the wording of the regulation and say "Ackshually..."

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by gamblor956 on Saturday August 17, 2024 @03:10PM (#41277095)
It really is that simple. This has been part of my job for the past decade+ and it has not been an issue for Americans to open up bank accounts in foreign countries at respectable banks in at least a decade.

If a foreign bank won't open an account for you because you were once American, the problem is that the bank has something to hide. Full stop. End of story.

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by Aspos on Friday August 16, 2024 @04:24PM (#41270042)
The fact that some countries started mimicking FATCA does not make it less idiotically counterproductive and stupidly wasteful. Not to mention it undermining international law and making this world less stable of course.
Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by pgraf on Thursday August 15, 2024 @02:40PM (#41259107)
> The US government is so powerful, they are the only country that enforces a draconian global taxation scheme on any citizen or person who has ever held a US green card […]

While it may be true that they are the only ones able to do it effectively, there are some other countries with citizenship-based taxation. According to Wikipedia[0] these currently are: Hungary, Eritrea, Myanmar and Tajikistan

Some other countries have similar policies for tax heavens.

[0]: https://en.wikipedia.org/wiki/International_taxation#Citizen...

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by pembrook on Thursday August 15, 2024 @05:43PM (#41260690)
There's not a bank on earth (that isn't headquarted in said countries) that is voluntarily sharing information with Eritrea, Myanmar, etc.

I'm going to venture a wild guess: it may not be that difficult to hide assets from the short arms of the Tajikistani tax office.

So I don't think it's crazy to assume Americans are the only ones suffering under this policy in practice.

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by laurensr on Thursday August 15, 2024 @02:47PM (#41259158)
And then there is FATCA and CRS : when opening a bank account for my non-profit I had to answer 15 pages of questions related to me, other directors and the non-profit itself. I'm a non-US citizen outside of the US.
Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by afh1 on Thursday August 15, 2024 @02:27PM (#41258979)
>The US government is so powerful [...] can invent legal grounds to do pretty much anything to anyone

Sounds like what a totalitarian king would do.

"In vain they change from a single person to a few. These few have the passions of the one; and they unite to strengthen themselves, and to secure the gratification of their lawless passions at the expense of the general good. In vain do we fly to the many. The case is worse; their passions are less under the government of reason, they are augmented by the contagion, and defended against all attacks by their multitude." - Edmund Burke, 1756.

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by janmo on Thursday August 15, 2024 @01:36PM (#41258489)
His mistake was to host content in the US.

"Megaupload is based in Hong Kong, but some of the alleged pirated content was hosted on leased servers in Ashburn, Va., which gave federal authorities jurisdiction, the indictment said." - Jun 25, 2012

https://www.cbc.ca/news/science/internet-file-sharing-giant-...

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by next_xibalba on Thursday August 15, 2024 @01:38PM (#41258517)
Wouldn't his mistake have been hosting pirated content?
Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by junon on Thursday August 15, 2024 @01:39PM (#41258529)
Legally speaking, depends on the country.
Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by yunohn on Thursday August 15, 2024 @01:59PM (#41258712)
Actually curious, in which country is what he did fully legal?
Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by recursive on Thursday August 15, 2024 @02:05PM (#41258780)
> As of December 2019, Eritrea, Marshall Islands, Nauru, Palau, San Marino, and WTO Observer countries Iran, Iraq, Ethiopia, Somalia, and South Sudan are not a party to any copyright convention.

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

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by mfkp on Thursday August 15, 2024 @02:13PM (#41258857)
Good luck finding a stable datacenter to host servers in those countries...
Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by debatem1 on Thursday August 15, 2024 @02:34PM (#41259047)
Seems like a business opportunity
Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by chgs on Thursday August 15, 2024 @04:01PM (#41259797)
The problem isn’t the data centre, it’s the peering with networks in other countries.
Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by connicpu on Thursday August 15, 2024 @02:49PM (#41259182)
Somehow I think it may not be the easiest to make money in the piracy business.
Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by mfkp on Thursday August 15, 2024 @02:12PM (#41258846)
Probably nowhere, as many countries are fine with piracy/copyright violations until you start profiting from it: https://old.reddit.com/r/Piracy/comments/b6rpzx/here_are_som...
Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by sandworm101 on Thursday August 15, 2024 @02:06PM (#41258790)
>> hosting pirated content?

If you run a service that allows people to upload data, you are hosting pirated content. The DMCA was specifically designed to address this, to create a system whereby those who host data are not on the hook for every violation. The issue is not that you host pirated content but whether you are following all the rules necessary to enjoy safe harbor protection.

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by slg on Thursday August 15, 2024 @02:25PM (#41258961)
If you look into the case, this wasn't a situation in which they accidentally hosted pirated content as a byproduct of hosting legitimate content. There are records of internal communication of the business discussing how to encourage piracy on the platform. This wasn't early Youtube turning a blind eye to piracy with plausible deniability. This was a business consciously and intentionally using piracy as a growth strategy.
Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by sandworm101 on Thursday August 15, 2024 @03:10PM (#41259345)
Piracy as a growth strategy was very common at the time. Everyone, including Youtube, was just rushing to stay on top long enough to translate piracy into money sufficient to keep the lawyers away a few days longer.

>> Karim left YouTube before Google bought it in 2006. But he kept YouTube e-mail on his personal computer, enabling Viacom to obtain correspondence that Hurley had said he lost, according to court documents. [..] In a July 29, 2005 e-mail, Chen advised Hurley and Karim to "steal it!" in an apparent reference to an unidentified video clip, according to the court documents. After Hurley asked if he wanted to steal movies, Chen replied, "haha ya. Or something."

>> Google had its own copyright reservations about YouTube before it struck a deal. Internal documents obtained by Viacom quote Google executives describing YouTube as "a 'rogue enabler' of content theft" and warning the site "is completely sustained by pirated content."

https://www.cbc.ca/news/science/youtube-viacom-spat-gets-dir...

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by slg on Thursday August 15, 2024 @03:25PM (#41259473)
"Plausible deniability" was the key phrase in my original comment. A one off person abusing the system (before the Google purchase) or Google executives recognizing that "[Youtube] is completely sustained by pirated content." is not the same thing as having corporate policies designed to encourage piracy like Megaupload did.
Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by deaddodo on Thursday August 15, 2024 @01:52PM (#41258642)
> I may be misremembering, but I think it was because megaupload.com was registered as a .COM, and the .COM top level domain is owned by Verisign, an American company, and therefore the US has jurisdiction over it.

You are definitely misremembering and spreading FUD backed by your biases.

He was hosting illegal material on servers geolocated inside the US. I'm sure if someone were producing and distributing illegal material (let's use the extreme example: child pornography, for instance) on NZ servers and networks, NZers would want to see them extradited.

It has nothing to do with "imperialism".

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by aestetix on Thursday August 15, 2024 @02:18PM (#41258906)
Was he hosting illegal material, or simply creating a platform where such material could be held? If you post child porn on Facebook, I assume you would get sent to jail, not Mark Zuckerberg. It seems that Kim Dotcom is in a similar position.
Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by deaddodo on Thursday August 15, 2024 @02:24PM (#41258957)
Facebook wasn't created with the primary intention of hosting illicit material (Kim Dotcom actively made statements along those lines) and doesn't facilitate + protect the hosting of such materials. You can be damn sure that if Facebook refused removal requests for copyrighted videos, that they (and Zuckerberg) would be in hot water.

You can try to pettyfog the case and move goalposts all you like, each time one of your points/misunderstandings is debunked, however it's pretty clear what he was doing. And, more importantly to the original point, the laws/extradition would apply similarly to any nations with the same IP laws; "empire" or not.

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by aestetix on Thursday August 15, 2024 @02:34PM (#41259042)
I'm not trying to move goalposts, I was simply looking for clarification.

A couple points.

First, wasn't there a huge issue where the data centers had money problems because the FBI (or some agency) was forcing them to retain all the data, as they didn't actually know for sure what was there? Or am I wrong and they had a list of specific files hosted on specific servers and were able to use that to demonstrate wrongdoing? Just because I say I'm going to hack the Gibson, doesn't mean I actually do it.

Second, there is a real jurisdiction issue here. Kim Dotcom is a German citizen based in New Zealand. The servers themselves are (or were) hosted in the US. Did Kim Dotcom himself upload anything to them? I can absolutely see the case for shutting down servers that might contain illegal data. I don't see the case for extraditing someone to the US for allegedly breaking a law that applies neither to his country of origin nor residence.

Also, I'm not sure why you're being so angry with me, I'm just looking at the facts. I do have a bias, but I'm not moving any goalposts, just making sure we discuss the actual issues at hand.

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by dotandgtfo on Thursday August 15, 2024 @02:44PM (#41259137)
If we remove the digital aspect of it. What do you think the US would do if Kim let anonymous people send him DVDs and albums over snailmail and he would burn and mail them to anyone who requested it?

Personally I find safe harbour arguments very weak when the service provider allows anonymous sharing.

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by fluoridation on Thursday August 15, 2024 @03:24PM (#41259464)
If you want to make a proper analogy, it would be more like living in NZ and owning a store in the US that receives DVDs and blindly mails out burnt copies as requested.

But we don't need to wonder what the US would do in such a scenario, since we already know. What's being discussed is not that the Internet being in the way somehow changes things, but that countries shouldn't be able to override jurisdictions like this. If other countries had balls, the most the US could do is ask for a person to be tried in the country they were in when the event in question happened, under that country's laws. What, the US now has jurisdiction over every living person? Anyone can be accused and tried in the US despite never having set foot there?

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by deaddodo on Thursday August 15, 2024 @05:55PM (#41260816)
> What, the US now has jurisdiction over every living person? Anyone can be accused and tried in the US despite never having set foot there?

If they choose to operate in/through that country, yes. If he never illegally hosted anything on a server within US jurisdiction, they would never have an argument.

Your entire argument is akin to "oh, I hired someone to kill a guy in the Germany, but I'm in China so...too bad". They only care because someone was killed (pirated material was hosted) in Germany, breaking Germany's laws.

You're delusional if you think other countries wouldn't make the same claims. And it's on the recipient country to agree or not. Plenty of countries deny extradition to the US all the time, just look at Roman Polanski.

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by fluoridation on Thursday August 15, 2024 @06:17PM (#41261046)
>Your entire argument is akin to "oh, I hired someone to kill a guy in the Germany, but I'm in China so...too bad". They only care because someone was killed (pirated material was hosted) in Germany, breaking Germany's laws.

What would normally happen in that case is that one country would present evidence to the other country, which would then prosecute under its own laws and court system, since hiring assassins is illegal everywhere. You're the one who's delusional if you think countries have free reign to impose their laws on people who are not physically there. It's called sovereignty. What NZ is doing here is saying that it's the US's bitch.

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by deaddodo on Monday August 19, 2024 @06:35PM (#41295143)
> It's called sovereignty. What NZ is doing here is saying that it's the US's bitch.

Oh, gotcha. You're a child.

You could have just lead with that.

Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by bn-l on Thursday August 15, 2024 @01:19PM (#41258310)
That tracks with the fact that they use a .nz now.
Re:Kim Dotcom's Extradition to the U.S. Given Green Light by... by floam on Thursday August 15, 2024 @01:35PM (#41258487)
As long as he’s calling himself Dotcom, he is explicitly property of Verisign.