What is a good term to unambiguously distinguish the reach of law vs the claim of reach of law? I wasn't sure if this is better for the site itself or for the meta site. But just in case there is a proper legal term, I figured maybe the question does belong on the site. We have some questions and answers which confuse what jurisdiction some laws claims (de jure) and what jurisdiction they have (de facto). Some examples of these are ICC has made some claim of jurisdiction over the US, while the US has denied ICC this jurisdiction. EU-block countries claim that GDPR applies to all entities which interact with the member-countries' citizens. But the US entities without any physical presence or assets in EU-member countries appear to be outside of the de facto reach of GDPR. The US criminal justice system claims jurisdiction over any citizen of any country, but it does not de facto (rather than de jure) apply to the countries with no extradition treaties with the US. The best I can describe this situation is the way I did in the question's title. The entities are outside of reach of those laws, but they are not outside of claim of reach of those laws. However, if this is not the formal terminology, then simply stating &quot;outside the reach of the law of X&quot; is likely to result in answers trying to correct the assumptions of the question by attempting to explain that the entities are not outside of the claim of the reach of those laws. Are there any legal terms which can make it clear that such questions are about the &quot;outside of reach&quot; rather than &quot;outside of claim of reach&quot; situations?
Are there any legal terms which can make it clear that such questions are about the &quot;outside of reach&quot; rather than &quot;outside of claim of reach&quot; situations? Enforceability Laws that claim but cannot reach lack enforceability. Note that enforceability is case-specific and subjective. The US may or may not be able to reach out to those it deems to be criminals on the other side of the world; those may or may not care.
The divorce under Florida, USA, law, will be recognised in the UK and have legal effect. Under the Family Law Act 1986 an overseas divorce obtained by means of judicial or other proceedings is recognised in the UK only if: it is effective under the law of the country in which it was obtained; and at the relevant date (that is, the date on which proceedings were begun), either party was either habitually resident or domiciled in that country or was a national of that country. https://www.gov.uk/government/publications/overseas-divorces-set13/overseas-divorces-set13 You may need to take additional steps in the UK as a Florida divorce certificate may not be familiar to organisations who need to be told of your divorce. Obtaining recognition of your foreign divorce in the UK can be extremely complex and we strongly advise anyone who is unsure to contact a legal professional in the UK to ensure their overseas divorce is valid and there could be no repercussions down the line. https://www.nelsonslaw.co.uk/foreign-divorce-valid-england/
A legal paper published in a peer reviewed journal is not science. Universities have faculties of Law and Science because they are not the same thing. while both disciplines use the terms ‘evidence’, ‘fact’ and ‘proof’ they do not mean the same thing. Notwithstanding, the law has already disproved science - see the Catholic Church v Galileo and the Heliocentric model of the Solar System. Yet NASA still uses it to send spacecraft to Pluto - possibly because engineering is neither science nor law.
Does this mean all countries law applies to it? Basically yes. If the videos are in english and are about science in general does this mean if some country some day bans ( imprisonment ) science videos or use of a specific colour in videos can they extraterritorialy enforce this imprisonment if they are in some other country like USA or India? With respect to criminal cases, only if it can arrest that person or convince another country to arrest and extradite that person. Generally speaking, countries will only extradite someone if it is a serious offense under the domestic laws of the country of arrest as well as the country requesting that the person be handed over, and also only if the crime occurred in or was targeted at the requesting country. Sometimes the arrest is not legal in the place where it is made. For example, in this case decided by the U.S. Supreme Court (the quote is from the official syllabus to the case): Respondent, a citizen and resident of Mexico, was forcibly kidnapped from his home and flown by private plane to Texas, where he was arrested for his participation in the kidnapping and murder of a Drug Enforcement Administration (DEA) agent and the agent's pilot. After concluding that DEA agents were responsible for the abduction, the District Court dismissed the indictment on the ground that it violated the Extradition Treaty between the United States and Mexico (Extradition Treaty or Treaty), and ordered respondent's repatriation. The Court of Appeals affirmed. Based on one of its prior decisions, the court found that, since the United States had authorized the abduction and since the Mexican government had protested the Treaty violation, jurisdiction was improper. Held: The fact of respondent's forcible abduction does not prohibit his trial in a United States court for violations of this country's criminal laws. U.S. v. Alvarez-Machain, 504 U.S. 655 (1992). I mean can a country just bring to jail any youtuber outside its borders ( using its national language as the language of the video ) who uploads content of international appeal because of some law? If the country can manage to arrest the person, yes. There are high profile cases from Saudi Arabia where that has happened. See, e.g., here and here (a blogger and his sister arrested in Saudi Arabia, while his wife and children flee to Canada), here (journalists for Lebanese periodical arrested in Saudi Arabia in relation to years old publications) here (more journalists arrested in Saudi Arabia), here (&quot;A male Saudi Arabian teenager has been arrested in Riyadh over a series of online videos of conversations between him and a female Californian streaming-video star that went viral.&quot;), here (Yemeni blogger), and here (Washington Post journalist tortured and killed in Saudi Arabian embassy in Turkey at the direction of a senior member of the Saudi Arabian royal family). Also can a country just hold liable for youtube's data privacy practices a youtuber outside its borders and enforce the judgement if the practices of both youtuber and their chanell and youtube is legal in their home country? A country can hold anyone liable for anything its domestic laws allow it to hold someone liable for, and can enforce that judgment against any assets it can exert power over. Some countries with similar legal systems recognize each other's court judgments widely. Countries with very different legal systems often don't recognize each other's judgements. For example, most European countries do not recognize U.S. money judgment for torts (i.e. civil wrongs such as personal injury awards). Similarly, the U.S. does not recognize most foreign defamation judgments, and does not recognize most judgments of Saudi Arabian courts. One last thing is wether inclusion of ads make a difference? Usually not. But it can matter for purposes of assertions of lawsuit liability over someone outside the jurisdiction seeking to impose liability for something that harmed someone in their country. If conduct amounts to &quot;doing business&quot; in the country seeking to impose liability or amounts to a &quot;purposeful availment&quot; of the laws of the country seeking to impose liability in some why, an imposition of extraterritorial liability is more likely, and that tends to happen more in cases where there are ads that are commercial targeting the people of the country where the courts seek to impose liability.
As much as they like Most pieces of legislation have a “dictionary” detailing, for the purposes of that legislation (or generally) what specific words and phrases mean. This can broaden (or narrow) the definition compared to how they are used in normal English. The purpose of this is not to set a trap for the unwary, although this may happen, but to introduce precision and to allow a short defined term to be used in the drafting rather than having to explain what is meant verbosely every time it’s used. Of course, they can’t redefine terms so that they give themselves jurisdiction when they otherwise wouldn’t have it. For example, in australia, the Constitution gives the Federal Parliament the power to make laws about, among other things, “external affairs”. A law that tried to define “external affairs” more broadly than the Constitution does (which it doesn’t, so we fall back on what it means in English) would be invalid.
Caution: I am not a lawyer. It depends on who is doing the collecting and storing. If it is done "by a natural person in the course of a purely personal or household activity", then it is exempt from the GDPR, as per Art. 2. Beware, however, that "purely personal activity" means that you do not share or publish them. In this court case, having the name or phone number of someone else on your "personal" website constitutes "processing of personal data wholly or partly by automatic means within the meaning of Article 3(1) of Directive 95/46".
You can always get in trouble. Copyright is always protected by the laws of a particular nation, by the courts of that nation. Because of the Berne Convention and the Universal Copyright Convention, I can sue you outside of my country, and will be treated as a person of that country. The conventions don't say who has jurisdiction, that is where you have to sue, so you have to resort to conventional jurisdictional principles. If you are in Europe, under the Brussels Convention, that means I have to sue you in your country of domicile (if you reside in multiple European nations, I get to decide which country to sue you in). The English courts are slightly different in that they generally hold that you sue in the country where the act took place, but (Lucasfilm v Ainsworth) you can sue in UK courts for infringement that occurs in the US. As you can see, this can get complicated. I can't sue you in Mongolian courts (assuming neither of us has any connection at all to Mongolia), but I could sue you (being a hypothetical UK citizen) in UK courts if you did the infringing deed while in Mongolia. Mongolian courts enforce Mongolian copyright law, US courts enforce US copyright law. Therefore you first have to decide what country you plan to sue in (from the plaintiff's perspective).
No GDPR applies to people (not just citizens) who are in the EU. It has no applicability if both parties are not in the EU.