We’ve gone over some of this before
2 Likes
Shall we merge this @jimipresley topic with that @jimipresley topic?
There’s even a @tempogain post that looks just like mine!
2 Likes
Would seem that releasing information to the police is protecting it’s members and maintaining the integrity of the site against randomers using alias’ to accuse members of criminal acts.
2 Likes
My apologies. Illness has dulled my senses and recollection.
5 Likes
I think the Flob is technically in the US, not Taiwan. @tempogain what is the official stance?
1 Like
That’s just the site’s hosting. The admins live in Taiwan.
1 Like
Good question which laws apply. @yyy any idea? I was under the impression that generally the laws of the server location apply. Or, in case some website is run by a formal company, then (also?) the company’s location.
1 Like
Re criminal side, any personal data collected by a company must be handed over if law enforcement demands it. A person who used an alias would have to out themselves to challenge this, anyway, as only the data subject themselves has standing to use the Personal Data Protection Act.
Re civil cases, the forum operator could be called as a witness and asked to disclose the details they have. Even if this wasn’t legally required, they could do so, and even if the evidence they gave was not legal to disclose or was illegally obtained, the courts would probably admit it. There are many cases, for example, where secret recordings have been made which are, strictly speaking, illegal, but if they capture a serious crime they are still accepted as evidence. (I have had evidence which was illegally obtained used against myself, and the courts and police refused to do anything about it, even though the parties admitted it.)
2 Likes
I thought this. Hence, VPN location masking.
This is not legal advice, and I’m saying that beyond the usual reason or reasons. I’m saying it because I’m really not sure what advice to give. So I’m just going to post a few things, with the caveat(s) that (1) I’m not sure that everyone agrees with the decision(s) made by the Australian High Court, and (2) I’m not sure other courts in other countries will reach the same conclusion(s) as that/those reached by the Australian High Court.
This is part of a summary of a decision by the High Court of Australia in the case of Dow Jones & Company Inc v Joseph Gutnick:
There’s a caveat at the bottom of the summary:
Here’s the URL of the summary (it’s a PDF document):
Here’s a 2004 news article on the case:
I’ve briefly looked at part of this article, which briefly discusses, among other things, the Australian High Court’s reasons for its decision:
Hope this helps, or at least does no harm.
3 Likes
Use a VPN. I love seeing forumosa drama, so please post this ASAP!
If it’s someone on the forum why wouldn’t you message the mod with your concern?
Didn’t ZD’s ahem “explanation” posts get used in court?
What do you mean. I assume there is some corporate entity (or other legal form) known as Forumosa (or something similar)…is it incorporated (or registered or something similar) in Taiwan? If so, that seems like an inexcusable mistake seeing as Taiwan has little respect for free speech and fundamental human rights.
I didn’t give money in the “cup of coffee” thread out of these types of concerns, but I didn’t suspect that the issue was this bad.
1 Like
So if I’m in China and I say that Winnie the Pooh sucks, and the P.R.C says that is against the law, will you comply with requests for information? Stated another way, what country’s law are you complying with? If it’s Taiwan’s, that seems like a huge mistake, as I said above.
It could be. And it could be the exact opposite.
I would assume Taiwan’s.
I would be inclined to disagree here.
I personally view this as a bit of an extreme reaction, but it’s your right not to.
Server location, not client