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There are two problems with .com/.net domains that cause jurisdiction issues.

The first is that the .com/.net infrastructure is owned by verisign (a US 
company). Essentially it means they will bow to any request made by the 
government without question.

The second is that these days server location has very little to do with the 
claim of jurisdiction. The general principle is that if its possible for 
Americans to access a website, the US courts will have jurisdiction. This is 
the argument being put forward in the tvshack.net extradition case (the 
appeal takes place on 30 July) and it seems to have worked so far.

The best way to protect yourself, should you be worried, is to grab a non-US 
domain (most people are going with .eu, although any opennic domain will do) 
and block access to American visitors. The latter method has been deployed by 
various cyberlockers who got nervous in the wake of the Megaupload takedown.

Although, to be honest, if they really want to shut something down, they can 
just get ICANN to do it.

Okone 
Sent from my BlackBerry® smartphone on O2

-----Original Message-----
From: Jamyn Shanley <jshanley AT gmail.com>
Sender: discuss-request AT lists.opennicproject.org
Date: Sat, 9 Jun 2012 11:21:47 
To: <discuss AT lists.opennicproject.org>
Reply-To: discuss AT lists.opennicproject.org
Subject: [opennic-discuss] U.S. Claims Global Legal Jurisdiction over .net
 and .com

This is somewhat interesting. It looks like the US is going to
formally try to apply jurisdiction for anything on a .com/.net domain,
even if the disputed activity is perfectly legal in the registrant's
country.

http://mfeldstein.com/u-s-claims-global-jurisdiction-of-net-and-com-web-sites-is-edu-next/


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