1,347 karma · joined January 22, 2013
That's not how law works.
Experts in what exactly?
There are two ways to defend a law that penalizes virtual child pornography:
- On evidence that there is harm.
- On general moral terms, aka "we just don't like that this is happening".
Worth noting that a ban on generated CSAM images was struck down as unconstitutional in Ashcroft_v._Free_Speech_Coalition.
https://en.wikipedia.org/wiki/Ashcroft_v._Free_Speech_Coalit...
No one will go to jail, except maybe some people who get caught creating, distributing or collecting those images.
Whether those in the US are/will be is clearly uncertain. If OFAC or the DoJ wanted to, they could state their opinion on the matter, and a court could decide if they are right. That this very normal process of a rule-of-law based society is not working in the US (the government embracing vagueness coupled with insane punishments) is an issue.
A distinction without a difference. This is the result of the law. If you think this can be improved by better enforcement, maybe the EU should give this a try. But this comes in a package. You can't pass a law and then say, "sure we ruined the internet, but its just because the law is scary enough that companies add terrible popups, but not scary enough to make them actually compliant.
Also, to be clear, I personally don't care about dark patterns in those consent popups. I click whatever is the biggest button (like lots of people), the one that hopefully gets me the quickest to the content I want to see. The popup itself is the annoying thing. Because it appears on every. single. link you click.
Sometimes people just want to know which buttons users click because, yes, (gasp) it helps their business (the one that is employing people).
> I mean, you just stated that tons of people are ready to accept obnoxious interruptions in the form of ads that benefit corporations,
There aren't any fewer ads. We now have the same amount of ads + 3 privacy popups on every page you visit. I don't want any popups. EU regulation / the GDPR is clearly to blame for the popup. Supporters have to take responsibility for the internet experience they have wrought. Complaining about "bad actors" is an excuse. This is our reality today. It's because of these rules. Own it up.
Many people would click No when asked "Can we track you?". Yet, fewer people would click No when asked "Can we show you ads that are closely related to your interests"? Likely even more people would agree with "Are you willing to share some data so we can improve our product?". And maybe most people would actually be ok with websites including Google Fonts [1].
Of course, when too many people agree with the proposition, then the question must be legally mandated to be more scary.
The truth is that "people" are fundamentally not on the side of the privacy advocates. This is the whole reason for the GDPR. People are perfectly happy to share their data in exchange for using those services. Fundamentally, GDPR advocates are claiming that people just don't get it, and should not be allowed to make this choice. Which is why websites are not allowed to make their service conditioned on consent to tracking.
> So if I have DNT=1 set in my browser, pop a quick non modal notification saying "we wants to track you but but we won't because you said not to. Click here if you want to change that". Solved.
This is still an annoying banner somewhere. Please no.
[1] https://www.theregister.com/2022/01/31/website_fine_google_f...
This narrative is probably helped by the fact that half the internet is being blocked on the US side because of sanctions - i.e. the entirety of Google Cloud.
This is not correct.
> U.S. persons may have received unsolicited and nominal amounts of virtual currency [...] from Tornado Cash
Because he did not receive those funds from Tornado Cash. He received them from a third party. This third party has interacted with a sanctioned entity (Tornado Cash), but sanctions are not transitive.
You can test this easily w/o cryptocurrency: You may not be allowed to transact with Iran, but you can buy stuff from a Germany company which has business with Iran - until OFAC may want to decide to sanction the Germany company.
The "dusting attacks" the OFAC FAQ refers to are transactions that someone sends directly from the TC smart contract to your wallet.
Another example, the tool that OFAC has here that we are talking about is their designation power, and the restrictions that follow such a designation are partly set in the statute defined by Congress, not something that OFAC has the power to make up.
> Then yes, OFAC would be able to prohibit this way of transferring money to Iran as well as any other way of doing it. Why not?
Transactions with the target entities ("Iran") are already restricted, whether through a crypto transfer or a tree-branch exchange. This is because OFAC has used its proper powers to designate those targets. The question at hand in this hypothetical is whether OFAC has the power /to designate the tree/ itself additionally, thus making it illegal for you to hang a sack of money there, regardless if you are transacting with Iran or just waiting for your cousin to pick it up.
Does OFAC have the power to say "we are designating the Hawala system"?
Because the law against murder was broken.
> and the police can confiscate the gun and the bullets
Says who? They can only do this the law provides this mechanism. If there isn't, the gun remains the property of the owner (even if the owner is now a convicted murderer).
> but even then the government could claim to regulate an access to it - just as it could, for example, restrict access to an erupting volcano if it wanted
They could, if Congress has passed a law giving the government this regulatory power.
I get that people might feel "autonomous" is a cop-out, but legally, the argument is narrow. It isn't about people getting a way with crime. The crypto currency community would certainly be opposed to Tornado Cash relayers facing money laundering charges as well, but here they are merely saying that the sanctions authority does not extend to the sanctioning of things. And well, it either does or it doesn't. If Iran secretly plants a cherry tree in Central Park, is OFAC allowed to sanction the cherry tree, and prevent people from eating the cherries? They are arguing no, because OFAC has no authority to sanction trees.
"So there is potentially an entity called Tornado Cash that is controlled by certain individuals, and the web address and some of the Ethereum addresses in the notice can be thought of as either pseudonyms for that entity or, alternatively, as its property. At this point, we’re not offering an opinion on whether it was appropriate to sanction that entity—we do not know all the facts that have led to this action—but we would agree that there may be an entity behind those donation addresses and that said entity may be legally eligible for listing. "
But the argument isn't at all about absolving the robot builder. In fact, they explicitly take no view on whether the sanctions against the Tornado Cash entity are justified. They also do not take a view on whether the government would be justified in prosecuting the individuals behind Tornado Cash.
They are saying the government does not have the statutory authority to sanction the robot you built.
It's especially ironic that so many people oppose crypto-currencies with the argument that "democratic control" is desirable when deciding the rules of our financial system, yet the consequence of this is obvious: the law must force monopolistic financial services providers to serve any entity that is operating legally. If PornHub did something wrong, we have laws and prosecutors for that.
About as true a statement as Tor being primarily used for CSAM, and no-one actually caring about e2e encryption who isn't trying to hide from the law.
- Block your account if the US imposes sanctions on your country. - Delete the NFT you bought if there is a copyright dispute, maybe until such time that the dispute is resolved. - Delete NFTs that offend the sensibilities, or not allow them in the first place. - Take away your NFT if there is a dispute between you and the previous owner (if private transfers are even allowed).
Any of these things can happen today, or in 10 years. In other words, your ownership of your NFT is at the pleasure of something else. And remember, NFTs are totally useless - ownership is the only thing they do; they better do it right.
They are still here and doing fine? I'm afraid dubious media reporting and wishful thinking has given you the wrong idea of what is going on.
Evidence: https://twitter.com/smdiehl/status/1499637399751692288
The entire article is arguing a strawman.