Legal Question in International Law in California

International Law and Internet Crime

I'm currently trying to finish a research paper on the topic of virtual presence, US law and their interaction with foreign lands

I've hit a few obstacles in my research and I figured I'd ask for professional legal clarification.

My paper's topic is internet crimes, child pornography(cp) in particular.

I've come to a bit of confusion regarding the concept of virtual presence and international law. I hope you don't mind but I've paraphrased my points of confusion in questions.

1 If someone from the US views CP from a computer in the US, but the server that hosts the obscenities is in another country (like the UK, where viewing is illegal), will that US citizen be indicted in that country, based on his virtual presence and the fact his internet traffic traversed international boundaries?

2 Given that the US doesn't mention the act of viewing child pornography as illegal, is the US obligated to protect the citizen from foreign prosecution, given that the act of viewing is illegal in said country?

3 Are there any examples of precedence, pertaining to my questions? So I could do a Lexis Nexis search?


Asked on 9/02/08, 1:43 am

2 Answers from Attorneys
Francis R 'Francois' Favre, Esq. The International Lawyer

Re: International Law and Internet Crime

There are certain Fed and/or other states' laws regarding the prohibition for an US citizen and or Permanent resident to participate in an act deemed illegal under Fed or US laws. Such as paying brides in foreign countries where it is legal under their own local laws, if any.

In this case the web site might be legal in UK but the act of an US person to access and view it is illegal in the US. It also could be illegal if the US citizen or resident even is at the time of viewing in the UK himself.

Don't confuse with Gambling in the US which is legal in Nevada but illegal in another states versus I-net gambling wich is in any case illegal in the US even when the wegsite is located in a foreign country where it is legal.

Confusing hey but Keep searching!

Read more
Answered on 9/06/08, 10:14 pm
Francis R 'Francois' Favre, Esq. The International Lawyer

Re: International Law and Internet Crime

There are certain Fed and/or other states' laws regarding the prohibition for an US citizen and or Permanent resident to participate in an act deemed illegal under Fed or US laws. Such as paying brides in foreign countries where it is legal under their own local laws, if any.

In this case the web site might be legal in UK but the act of an US person to access and view it is illegal in the US. It also could be illegal if the US citizen or resident even is at the time of viewing in the UK himself.

Don't confuse with Gambling in the US which is legal in Nevada but illegal in another states versus I-net gambling wich is in any case illegal in the US even when the wegsite is located in a foreign country where it is legal.

Confusing hey but Keep searching!

Read more
Answered on 9/06/08, 10:15 pm


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