Ofcom concedes defeat in 4chan case
prestonbyrne.com232 points by iamnothere 6 hours ago
232 points by iamnothere 6 hours ago
This was such a weird case. Usually when a country goes after a foreign business they enforce it by imposing restrictions within their own borders and threatening the operators with legal action if they ever enter the country. If the operators don’t visit the country and their banking doesn’t cross a business that must follow those laws (which is hard), it’s otherwise symbolic.
I may be reading too much into the editorialized writeups about Ofcom but even their statements imply they thought they were just going to impose their laws globally and that other countries would line up to help them do it?
This quote from the court is amazing:
> American courts generally decline to enforce foreign judgments that violate the United States Constitution
Indeed. Who could have predicted this?
Which raises the scarier question of why they tried this at all? Was the defeat a planned showing to justify future action to justify more control of the internet, as Preston Byrne speculates? Are they using this as a demonstration of why internet censorship is the only solution? It’s hard to imagine why they thought they were going to get anywhere with this case, unless failing was the goal
The write-up from the lawyers is unintentionally hilarious
1. 4chan actually lost its case in the US District Court on 15 September 2026. (sauce: https://www.reuters.com/legal/government/us-court-dismisses-...
The judge dismissed its lawsuit against Ofcom for lack of jurisdiction, because Ofcom was protected by foreign sovereign immunity.
2. The judge's comments were obiter dicta observations that were not necessary to decide the case, rather than a binding ruling that Ofcom's actions were unconstitutional, making the headline somewhat selective, it's hardly the defeat of a giant regulatory system. Still, I suppose he needs to show he did something to earn his fees.
We could go on and on and fucking on about American double standards here:
Cuba. ABC being hassled over Jimmy Kimmel making gags about Kirk. The White House restricting reporting. Ending support for public broadcasting. Book bans, the CLOUD act, the TIKTOK DIVESTITURE fercrissakes. Sanctions on the ICC.
> We could go on and on and fucking on about American double standards here
They have tariffs on foreign double standards because it's a key export business.
Donald Trump is currently suing the BBC for their speech.
In a UK court, of course.
> Cuba. ABC being hassled over Jimmy Kimmel making gags about Kirk. The White House restricting reporting. Ending support for public broadcasting. Book bans, the CLOUD act, the TIKTOK DIVESTITURE fercrissakes. Sanctions on the ICC.
You guys are basically Russia in denial at this point. Carried on by the momentum of your products that is heading straight for a massive disruption by AI.
"Double Standards"
You're aware of the difference between interpersonal relations and international relations aren't you? They aren't the same, they don't follow the same rules, they don't engender the same expectations.
Now you can try to apply the standards of one to the other, but that only makes you look confused.
International politics is done via Twitter now
In the same way that a child tumbling down a hill is an Olympic gymnast.
I mean if they're in the Olympics then that is essentially true.
The only people who think that Twitter matters are on Twitter, it’s less of an Olympic competition and more of an asylum for the terminally dim.
I'm saying that right now, certain high-profile idiots are making it matter by definition. Once they stop using Twitter for that, then it'll stop mattering again.
1. It's a Pyrrhic victory at best, read it. In reality, 4chan won even though they technically "lost" their argument. They aren't enforced up. That's the win.
2. It's not really obiter dicta because it's a district court order it's not something you cite, really as binding precedent. But if you read between the lines, the court is only dismissing Ofcom because it is part of a sovereign, which means it cannot maintain it's other position. The judge was making it clear he thought Ofcom needed to stop. The ruling is addressed to the parties not really to a future court. If I were Ofcom's lawyer, I wouldn't be celebrating this.
American double standards have nothing to do with this case and it's just a sort of throw in everyone seems to need to mention here. So what? Are they good or bad? If you think they're bad to extend jurisdiction, then take the win.
Long arm jurisdiction is the opposite of what happened here. That's where you pull people into US courts that might not be US citizens for things that happened not in the US. Somehow that implies that foreign companies should be able to reach into the US and bug people in the US not doing anything in their own country? Oh, but USA bad so you scored that point.
I think you're just seeing Lincoln's hat in the clouds.
Everyone on HN apparently thinks they have a law degree.
While Ofcom were barmy to even try this there is a level of understandable annoyance outside the US that the US does get to project what it wants and other countries don't, and somewhere that will have contributed to supporting the effort to do this.
While the US isn't perfect it is also far from the worst conceivable entity to be in that position (and current UK and Australian governments provide easy examples). If they want to use their influence to promote free speech then good, because we need it. Just less of the mass surveillance of absolutely everyone at the same time, then we'd be good.
> While Ofcom were barmy to even try this
Quote from the article:
> Ofcom has targeted 200-ish American platforms with censorship orders; only four of those sites, all of which are my clients, refused
Seems like Ofcom broadly got the result they wanted. A 98% success rate is not going to be particularly discouraging to them.
Standard regulator strategy: try to make the one thing you actually want to comply be the odd one out and then point at them going "but why not you too?" (The FTC do this as well).
4chan was absolutely the defining target of this wave of noise, but X is what really bothers the UK establishment.
X is different because it does have a business presence in the UK: UK advertisers
How many of those organizations had business within Ofcoms jurisdiction? No one operating outside of their legal jurisdiction should have complied.
Did any of them move to a .onion? I would expect commercial sites to cave and some small sites to just move to Tor which probably accomplishes the same thing as far fewer people use the Tor Browser or Brave. I could also be delusional.
Presumably a decent chunk of those might now reconsider?
And also this only worked once, but in the future other entities getting sued now know they can just ignore it.
it depends on what those other orgs want.
Not being able to do business in (or, depending on how serious they are about enforcement action, visit) the UK is actually pretty constraining. It's understandable if other companies decided they would prefer to find a middle ground that lets them provide one face to the US and another to the UK, or even that they're not interested in 4chan-style maximalism and found it non-onerous to comply with the UK asks because they're pretty in-line with the site's existing standards (I'd have to see the list of sites that complied to have a real opinion on that part).
> A 98% success rate is not going to be particularly discouraging to them.
The thing is, you can afford sticking the finger to the UK if you do not have any business interests there. A platform like 4chan won't be bothered even if the UK government says "all payments to be made towards 4chan for advertising are hereby seized until the fine is paid off". But places like Twitter or Meta, that derive millions if not billions of euros a year from the UK and European advertisers? Now that's a lot of money to lose, money that even American shareholders will complain about it being missing from the revenue sheet.
> from the UK and European advertisers Why would "European" advertisers come into this, I don't think ofcom has jurisdiction outside of the UK?
> there is a level of understandable annoyance outside the US that the US does get to project what it wants and other countries don't
In my comment I explained how countries, including the US, project their laws by imposing controls within their jurisdiction.
The weird part about this case is how they thought they could directly project their laws into another country in a way that overrides that country’s constitution, and they expected the other country to override their own constitution in agreement.
That’s not the same. This was something weirder, which is why there is speculation that it was designed to fail as a demonstration.
That's exactly what the US do though. We recently saw server seizures in Amsterdam, there is the US Cloud act and so on.
The US fundamentally disagrees with other countries on the limits of their own jurisdiction to include basically anything tangentially related to the US.
Again, I am far from anti-US but any outsider can see this for what it is: a one way street.
Was this in violation of the Netherlands constitution or just not explicitly illegal in Amsterdam? I don’t know the details or the incident you’re referencing, but there is generally a distinction.
Basic property rights. If they weren't breaking Dutch laws then the server shouldn't be seizable.
Let's see the Dutch get a US based server that is violating Dutch laws. It will never happen.
Were they actually not breaking Dutch laws? Around terrorism-related activities I would guess the laws are fairly similar across Western countries, partly due to 9/11. Speech regulation has been consistently different between the US and Europe, including the UK - the US even passed laws to refuse to enforce UK libel judgments 15 years ago after Americans became aware of their abusive effects.
If European countries banded together to direct their banks to offer services to the sanctioned ICC judges, for example, I think the US would back down on that - yes even under Trump, although there would be some bluster first.
European countries need to get off Mastercard/Visa and US Tech and Energy dependencies first, otherwise it's just a shakedown by the US every time they hit an external legal system.
// If European countries banded together to direct their banks to offer services to the sanctioned ICC judges, for example, I think the US would back down on that - yes even under Trump, although there would be some bluster first.
That's a very good way to force the Hague Invasion Act to manifest in some form or another.
https://en.wikipedia.org/wiki/American_Service-Members%27_Pr...
Trump personally intervened when two US spooks were driving on the wrong side of the road in London, with the driver most likely on her phone, killed someone, and then fled the country.
https://en.wikipedia.org/wiki/Death_of_Harry_Dunn
Compare this with a hispanic american who severely injured someone in similar circumstances. Extradition granted and was convicted for a 32 month prison sentence in the UK.
> That's a very good way to force the Hague Invasion Act to manifest in some form or another.
You may note from the title that this is the "American Service-Members' Protection Act".
The current attempt to destroy the ICC is not due to protection of American service members, but Israeli ones.
The admin is going after the court on the basis of it prosecuting American allies. However, America loses NATO if they were to invade over this.
The admin (and perhaps many in the country) might like to think they can go alone, but the US has a surprisingly poor record when it comes to fighting without allies.
While I'm sure Trump did his usual thing with regards to the death of Harry Dunn, "war crimes" is on a somewhat different scale to "dangerous driving".
This looks to be the case https://decrypt.co/381296/terrifying-precedent-dutch-hand-us...
The servers were seized under a mutual legal enforcement agreement and it remains to be seen if it underwent a separate Dutch legal review. Quite of a bit of legal footwork gets skipped when the “terrorism” charge is invoked. But it looks like the servers are not being physically turned over, the disks are being imaged and that is what is being transferred.
The US also has laws imposing restrictions on institutions outside their borders/jurisdiction. FATCA for example.
But they do that via things in their control. For example, banks that don't follow FATCA cannot access the US banking system. It's rare for the US to send law enforcement to banks that don't comply
The UK would have been perfectly justified in saying 4chan can't access any of their systems.
Ofcom knows it's barmy. They are pursuing foreign sites because a) they are required to by law, and b) they are under political pressure to do so. But I suspect they are quite happy that it has backfired, to help relieve some of that pressure and bring into the open the barminess of the OSA enterprise.
This. The regulation organisations can sometimes try to make a point when they're tasked with enforcing an unenforceable or otherwise unworkable rule.
The US in particular had to proactively not enforce British Libel judgements against US citizens. Because the vast majority violate free speech rights.
Ofcom didn't "try this"
4chan is suing Ofcom, not the other way round.
Ofcom started it. They sent nasty legal letters to 4chan first.
Let's not bicker and argue about who killed who, this is supposed to be a happy occasion!
Well, my reading of this is Ofcom did not lose overall and 4chan technically lost the lawsuit despite Ofcom having no way to enforce fines. I don't think Ofcom's purpose was ever to collect the fines either. Now keep in mind, 4chan is the first website that had ever been issued a fine by Ofcom under the UK's Online Safety Act. I think that is interesting because it's a noteworthy site which suggests the selection of it was more targeted. Note that is my speculation.
4chan sued Ofcom over the fines. Ofcom has been perhaps waiting for the outcome of this suit and is announcing they can't collect fines but I don't think that was the purpose. They have the power to instruct ISPs to block domains and to me it seems more likely that is what they will do and that was perhaps what they wanted from the beginning.
It's about honor, I remember Saddam Hussein saying that after they held against the US for 40 days they "won" the war, because in their culture when a higher power entity goes against a weaker one, it is without honor and the weaker entity "wins" honor by being able to defend for that long.
That's not unique to their culture. Remember The Alamo? That was 190 years ago and we still celebrate our defeat.
We don't celebrate our defeat. We celebrate the men, the courage, the greater meaning.
The greater meaning of... holding a position over a period of time that seems unreasonable against a far superior force? Exactly like the GP described for Hussein? It certainly sounds like we're celebrating the same things, unless I misunderstood your point...
The greater meaning of a revolution that was fought to preserve slavery.
https://www.texasmonthly.com/being-texan/how-leaders-texas-r...
When we remember history, what we remember tends to be white-washed.
The Mexican government and especially Santa Anna were not even close to saints and were not primarily fighting the Texans for reasons of slavery. The Mexican empire carved out slavery as being explicitly allowed in the Mexican state that become known as Texas.
Iran is pulling the same trick now, claiming it "won" just because the regime did not fall (yet). This is despite having lost most of their conventional army, navy, and air force, and having also mostly lost control of the straits of Hormuz.
I mean, the Iranian regime has had one goal the whole war: survive. So it is a victory of sorts so far: the US has not achieved its strategic goal of regime change, and Iran has managed to inflict a fair amount of pain in retaliation.
(You could say the Taliban were even more thoroughly 'defeated' in Afghanistan while the country was occupied by the US, but it can hardly be said that it was a victory for the US either, given what happened as soon as they left).
> I mean, the Iranian regime has had one goal the whole war: survive.
No it wasn't. If Iran's only goal is to survive then it would have made peace with the USA and surrounding Middle Eastern territories decades ago.
This whole war is happening because Iran had great political ambitions than just thriving on its own.
Iran has been funding proxy terrorist groups for a long time now, specifically because it is trying to achieve larger goals than just surviving.
And on those fronts, well those proxy groups have taken a ton of damage and aren't long for this world.
I am surprised that https://www.law.cornell.edu/uscode/text/28/4102 was not cited.
It's not just that courts generally decline. It's now also against US law for them to enforce the judgment without assessing the Constitutional issues. And the burden of proof is on those trying to enforce the judgment.
Maybe they weren't allowed to not try? Like adding Denuvo to your game doesn't stop piracy, but your investors will be angry if you don't make the (wasted) effort at due diligence.
Those toolkits don’t even seem to be intended to stop piracy - they seem to add value by slowing it down long enough to make the first 2 weeks (days) of sales. The people using them usually understand that.
Yes, but the point is that the motivation for taking these actions isn't for them to be effective, but to satisfy performative requirements imposed by external parties.
There is an old saying "Nobody gets fired for buying IBM". This is just yet another facet of CYA where we know it's of limited utility and the cracking will happen either way but if you specifically argued against Denuvo before the cracking happens it's your ass on the line for it.
I actually wouldn’t have been shocked if other countries had helped, and the powers that be may regret enforcing their sovereignty here.
Countries used to enforce this at their borders (for foreign information) because it largely worked. They couldn’t stop 100% of the copies of the book, but they could stop there being enough copies for it to be part of the cultural zeitgeist (most of the time).
Not anymore. The companies don’t have a local HQ to harass, and the information doesn’t flow through infrastructure the government owns. They’ve pretty much entirely lost the ability to control the flow of information, and they’ve largely lost the ability to control its direction either with the fall of major news outlets.
I don’t think they have the support for a China-style great firewall, but I’m not British so maybe I’m wrong.
I think it’s a good thing information is set free, but I see why they tried it. It’s the only politically tenable way they had to try to keep that control.
No need gor a china-style great firewall. Just compel your local dns providers to stop resolving that website. That's what they do for copyright violations
Easy to circumvent ? Sure, but most people don't know how, so you've made the website inaccessible to the vast majority
I would expect that they expected to not be able to enforce it. It's a play to get the british public on board with even more draconian surveillance state laws and technologies which will be needed to protect their children from evil american companies.
> Which raises the scarier question of why they tried this at all?
Didn't the USA kidnap a president from another country from that country, just the other day?
The other option (and this is I admit charitable) is that this was always obviously never going to work and this was all a performative political thing in the first place.
By deliberately going after unwinnable cases, there is perhaps here a deliberate attempt to project a "voice of common sense" - effectively demonstrating that this is uneforceable nonsense, regardless of what the then-current government and media insisted. So they make a big show of it being defeated in the hope that the powers that be seen sense and quietly drop it.
Or they really are delusional. I dunno.
> Was the defeat a planned showing to justify future action to justify more control of the internet, as Preston Byrne speculates
When something can be explained by both incompetence and conspiracy, the correct explanation is usually incompetence.
It’s largely political. Even the rank and file staff there agree that it’s nonsense, being done for appearances.
Exactly. Ofcom understood it needed a dog and pony show to answer the latest UK moral panic over 4chan. The headlines have moved on, and they can safely take off their costumes.
> they thought they were just going to impose their laws globally and that other countries would line up to help them do it?
Why is this surprising? The United States does this all the time, successfully.
Indian citizens living in India, who have never left India and only do business with Indian entities, have to declare compliance with US laws (FATCA) when opening a bank account in India with an Indian bank. This is enforced by the Indian government.
>Indian citizens living in India, who have never left India and only do business with Indian entities
That's just one handshake away from their bank which does have business with US and their dollaridos.
> Why is this surprising? The United States does this all the time, successfully.
The surprise is that Britain is a local backwater and the United States isn't. You can't throw your weight around if you don't have any weight.
The difference is that Britain is not a super power and has not been for a long time. There is only China and the US. All other western nations and many eastern ones are shells of what they once were.
> I wish them luck in that important work. In the meantime, we Americans have plenty more work to do on this side of the pond to protect our border and prevent the British, Australian, Russian, and other foreign censorship regimes from crossing it.
We got our own problems with Authoritarianism. There is no need to protect our borders from something our own government and corporations are practicing day in and day out on our own people, in our own country. You might want to acknowledge that first, before assuming we got problems across the pond.
And BTW the real answer is to enforce antitrust and put an end to Citizens United to prevent money from flowing into our political institutions and reign in these corrupt business. You might want to add that as well to your point about the GRANITE Act
This fits quite neatly with Dominic Cummings' comments to the House of Lords Constitutional Committee[0] about how the British Civil Service can't do anything because no one with any talent wants to work there.
[0] https://www.youtube.com/watch?v=KBBYvj4YQLE (full video is an hour and a half, but you can skip to any bit because he just makes the same handful of points over and over again)
Here's the link to Parliament's own on-demand video: https://parliamentlive.tv/event/index/c32e3478-65af-41b2-aa7...
I'm somewhat dubious of a Youtube channel called "Western Liberty" that was created the day of Cummings's testimony, which contains nothing but the session and short clips of it. Using the link above avoids any potential ad revenue going to that clearly political pointed channel.
For anyone that's interested, here are the links to the other sessions of this committee:
- 22nd April 2026: https://parliamentlive.tv/event/index/e79ae489-4db6-4159-88b...
- 3rd June 2026: https://parliamentlive.tv/event/index/f27d8b93-b09d-433a-8e6...
- 10th June 2026: https://parliamentlive.tv/event/index/097aadbd-b58d-4f76-90e...
- 15th July 2026: https://parliamentlive.tv/event/index/87f1e00f-82b5-432b-af6...
- 2nd September 2026: https://parliamentlive.tv/event/index/110f81a5-32c4-4577-bab...
- 16th September 2026: https://parliamentlive.tv/event/index/ecf7a237-54c9-40be-922...
"parliamentlive.tv" doesn't sound any more reputable, but apparently it's official despite the foreign TLD!
Dammit, my edit window ran out of time. Alas. While the 22nd April, 3rd June, and 10th June sessions are from that committee, they are unrelated to the inquiry of constitutional safeguards. Skip to the 15th July session. Here's a link to the inquiry: https://committees.parliament.uk/work/9861/the-uks-constitut...
Anyway, after watching the session with Cummings, I have to say I'm deeply unimpressed with his contribution. While I found his bluntness somewhat refreshing, he was clearly irritated at being (repeatedly) asked to suggest actual solutions instead of just using the session as a pulpit for his grievances.
Sure, but even if he provides no solutions, providing insight into the problems is a worthwhile contribution.
Cummings is an absolute crank. He had the opportunity to try and he ended up failing spectacularly, like Liz Truss or Yannis Varoufakis.
He also talked with Dwarkesh Patel: https://www.dwarkesh.com/p/dominic-cummings
Utter rubbish. Civil servants can't get anything done because they are chronically underfunded, and yanked around by the whims of the government of the day. Dominic Cummings' is not a reliable source either - he's ideologically at odds with the idea of government _doing_ anything, and because of that has caused a great deal of harm to the UK.
This is just laying down the ground work for Russia-style deep packet inspection. “We don’t have a capability to censor the foreign internet, so we need measures to cut off the violating sites from our side”
I think it’s an open question whether the British state has the technical chops, money and willingness to implement a Great Firewall type solution.
The state isn’t totally incompetent but doing it properly would be a serious undertaking, the kind of thing where the recent track record of big government tech projects isn’t great
They already track everything going through the undersea cables, why couldn't they start blocking at those points?
Getting the raw data is relatively straightforward, but my understanding is doing real time DPI at country scale without being easily circumvented (and without breaking the rest of the internet you want to work) isn't so easy.
If you want to really make sure nobody in the uk can easily access 4chan (PRC style) it needs some effort, and you're in an arms race with attempts to mask/tunnel traffic so it gets through
i too love the idea of deep government inspection of every piece of data i send
That's already been done, on the ISP level, some time ago. For torrent sites and similar, if I remember correctly.
I'm pretty sure it was to protect the children, or fight terrorism, or to save the NHS, or lower taxes.
deep packet inspection is not really necessary, headers contain information about the destination, as long as you don’t encrypt those, there is no need to do any decryption.
You just need to follow this to the logical conclusion. They’ll ban using your proposed method, people will switch to VPN and other modern methods and to combat people still accessing the forbidden internet they will need DPI and TSPU-like devices
I think the conclusion is more like mandating home and business web access is proxied at a national level and most other protocols disallowed. Use of VPNs without a VPN tax stamp and key escrow is prima facie evidence of violation of the Counter-Terrorism and Security act. Use of non-standard protocols is assumed to be criminal intent. Check with your approved internet provider for how to access the Internet safely.
What proposed method? I'm explaining how things work. In order to send a packet, the destination address needs to be known to the delivering entities. Encryption occurs by using enveloping, the envelope is unencrypted, but the content is encrpyted.
This is how it works, if you want I can explain to you why it works like this, or you can work it out from first principles. But this is not a proposal.
VPNs are an asterisk and they work not by avoiding this natural unavoidable principle, but by tunneling, the VPN or proxy vendor is putting themselves on the headers, and on the backend they still route the packets to the destination by putting the intended destination on the headers.
If these VPNs don't comply with local regulations and are used to evade national restrictions they can and are often themselves subject to bans. But even if not, it acts as a sort of waiver and compromising element for all illicit activity.
Sometimes it's not necessary to completely outlaw something, it is sufficient to make it so that engaging in the outlawed activity is sufficiently uncomfortable and clear that it is illegal, forcing users to undeniably acknowledge they are avoiding the law. An example of this is trying to watch pirated movies without paying for them, yeah you can do it, but you gotta do some shady shit and dodge a lot of malware, and eat shady gambling ads and etcetera.
In addition to making you feel like an asshole, it removes any recourse you may have, it's very hard to make any claim later, you cannot really complain later if you were accessing it illegally to begin with. Nobody is going to pursue you to the end of the world not to access a pirated movie or an illegal website, but they pursue the distributor and make things very uncomfortable enough so that you are effectively hiding like a fiending outlaw.
Likely yes IMO, especially since the UK is making moves to militarize.
I hate to break it to you, but the UK has had a military for some time now.
So has France, but their nuclear weapons program is new.
I don’t think it’s weird to point out the little guys (especially former or current EU) getting strapped.
I think both the UK and France have had nuclear weapons programs since the 50s and 60s. Are you thinking about the "Northwood declaration" ? Where they both said they would coordinate their nuclear responses?
The first nuclear weapon tests for the UK and France were in 1952 and 1960, respectively. Nothing about that is new.
https://en.wikipedia.org/wiki/Nuclear_weapons_of_the_United_...
https://en.wikipedia.org/wiki/France_and_weapons_of_mass_des...
> Nothing about that is new.
Now we’re both wrong!
The French are now using submarines (striking distance and speed, blah blah)
and are apparently being looked at as the leader of “forward deterrence” in the region.
https://tvpworld.com/93637117/frances-nuclear-umbrella-which...
The French have always had a very strong submarine fleet with nuclear launch capability. Nothing new about this in the slightest. This puts them in a very select group and is what still gives them some clout on the international stage.
> Nothing new about this in the slightest
Deep inland strikes from miles out while underwater/at sea.
[flagged]
We're probably at the weakest point in our history militarily, with few recruits coming in. People in government saying they are "going to have" conversations about war with the public (FYI, UK would be behind most other countries on this, many already have done in last 5 years) is very different to "militarization" in any way that would relate to this 4Chan decision, it's not even "we are actually doing something".
I don’t know, they have a new center dedicated to information warfare: https://www.theguardian.com/technology/2026/sep/23/andy-burn...
And politicians have repeatedly stated the need for better control of information, connecting it directly to the Ukraine conflict and perceived threats from Russia.
I think there’s a strong case to be made that the push for information control is partly connected to military/defense goals.
In an ideal world, exclusively-US-based companies that host message boards, chat rooms, instant messaging services, and the like would look at this saga and
1) Notice that the odds that a foreign power is going to be able to harm them in any meaningful way for violating their "child 'safety'" laws that curtail freedom of speech and association are very low
2) Notice that 4chan is fighting harder to resist these attacks on free speech and association than many of big names in the sector and reflect on what it might mean when _4chan_ is the hero of the story
Alas.
Notice that 4chan is fighting harder to resist these attacks on free speech and association than many of big names in the sector...
Isn't the issue that the "big names" in the sector are not exclusively US based? Big American tech companies have employees, assets, or at least a business presence of some sort in countries outside the US, which means that they are exposed to legal systems in those other countries.
> Isn't the issue that the "big names" in the sector are not exclusively US based?
That is an issue, but it's explicitly not what I was talking about. To pick one example, Discord is -AFAIK- US-based. They decided to knuckle under rather than tell the UK, Australia, and others to fuck right off with their free-speech-and-association-limiting horseshit.
Multinationals have their own problems, but they're -when we measure by number of businesses- a tiny minority of businesses. My commentary was exclusively about US-based companies.
And even if a US-based company happens to have employees in a country that's pushing this shit, well, they can shrimply close that office and explain to local politicians exactly why. It's regrettable to lose good employees, but it's way worse to be far less of a hero in the fight for fundamental rights than 4chan and Kiwi Farms are just to keep a few good employees.
According to Discord's careers page, they're currently hiring people in the US, UK, Singapore, Portugal, and the Netherlands:
They have a registered office in Schiphol:
https://discord.com/company-information
Discord could keep all of its employees, infrastructure, and business within the United States, but like other companies it has not. It would rather pursue more business opportunities.
> They have a registered office in Schiphol:
Ah, I stand corrected. Discord has a branch office in the Netherlands. Thanks for the correction.
> Discord could keep all of its employees, infrastructure, and business within the United States, but like other big names it has not. It would rather pursue more business opportunities.
As I said:
And even if a US-based company happens to have employees in a country that's pushing this shit, well, they can shrimply close that office and explain to local politicians exactly why. It's regrettable to lose good employees, but it's way worse to be *far* less of a hero in the fight for fundamental rights than 4chan and Kiwi Farms are just to keep a few good employees.
Discord does business in the UK, Australia, and just about every other country of any relevance. It would be trivial for the UK courts to collect fines against them simply by ordering the payment processors handling payments for them in the UK to redirect those payments, for instance.
4chan is only reasonably immune from this because it's not really operating as a business...
The main difference is that most of the big players have physical presence in the UK. You can't argue British law does not apply to you when you have a campus in Kings Cross.
Here's the thing though: nobody has to agree 4chan is the hero of the story. It's also reasonable to look at 4chan and say "Gross and legally correct is still gross" and let them soldier on alone.
You'll note the "First they came for" poem has a beginning and doesn't extend to all subcultures. It doesn't say "First they came for the KKK." And, of course, it doesn't say "First they came for the Nazis."
> You'll note the "First they came for" poem has a beginning and doesn't extend to all subcultures.
Just as saints and captains of industry deserve no less scrutiny and liability under the law than the rest of us, scoundrels and horrible people deserve no less protection under the law than the rest of us.
If your disgust for an entity prevents you from being able to recognize when they're doing something that's an unalloyed good, then you still have quite a bit of emotional maturity to develop.
To put the previous paragraph another way: It's entirely consistent to decry an someone as a loathsome scumbag that all upstanding people should shun and refuse to associate with while also remarking that that one time they dove into a freezing river to save a child being swept away was a good and noble thing to do, and behavior that we should all aspire to mirror.
> scoundrels and horrible people deserve no less protection under the law than the rest of us.
And they got it. "I'd give the Devil benefit of law, for my own safety's sake." But that doesn't mean anyone needs feel sympathy for the devil. We're not obligated to cheer when the wretched hive of scum and villainy keeps its liquor license another year. The law was followed and we can move on.
> If your disgust for an entity prevents you from being able to recognize when they're doing something that's an unalloyed good
... It is usually the case when we're talking about 4chan (and always when talking about Kiwi Farms) that "unalloyed" is doing a lot of the kind of load-bearing one probably wants an alloy for. 4chan's most positive benefit to society is as a litmus test for precisely how far the [xkcd-1357](https://xkcd.com/1357/) principle goes. They are 100% welcome, per their freedom of the press (and the freedom of speech of their users), to host their website. On their infrastructure. With their own DOS protection. In a country that recognizes those rights and protects them. That's the system working as intended.
> ...that "unalloyed" is doing a lot of the kind of load-bearing one probably wants an alloy for.
No? Saving a child from being swept away in a freezing river is an unalloyed good, no matter how terrible the scoundrel that did it.
Like I mentioned, it looks like you still have quite a lot of emotional maturity to develop.
(You might also benefit from checking out 4chan boards that aren't /b/, /pol/, and /gif/.)
> Saving a child from being swept away in a freezing river is an unalloyed good
What if it's only as part of kidnapping the child and forcing them into grueling slave labor until the day they die? Is that still perfectly unalloyed?
(Not that I'm saying 4chan is metaphorically doing that here; just for the sake of argument.)
The original German of the poem does say, at the final line, "Als sie mich holten, gab es keinen mehr, der protestieren konnte." That is, "When they came for me, there was no one left who could protest."
So, yes, the poem does extend to all subcultures because it reaches out to include every voice of opposition to totalitarianism, until no one is left but the speaker.
It's also meant to be understood in the first four lines: The people mentioned — communists, trade unionists, social democrats, and Jews — were meant to be emblematic of people who are seen as enemies or outsiders to the author's cause. These are people whose values are seen to be radically different than our own.
Remember the context: the author of the speech, which was re-rendered as a poem, was a real person, Martin Niemöller, who was a pastor in the Confessing Church, which was an underground church movement organized in resistance to the Nazis.
However his speech, given in January of 1946, was an indictment of the Confessing Church. The movement was initially organized primarily as a form of resistance to governmental interference in religion, rather than to speak out for all people. Niemöller was, in fact, explicit that this was about people who were his "opponents" and his "enemies":
> "... The people who were put in the camps then were Communists. Who cared about them? We knew it, it was printed in the newspapers. Who raised their voice, maybe the Confessing Church? We thought: Communists, those opponents of religion, those enemies of Christians—"should I be my brother's keeper?"
Instead, Niemöller points out, in a theologically poignant allusion to the story of Cain and Abel in Genesis 4, that we have a responsibility to our fellow humans to look out for their wellbeing and their interests as our own. (Note that Niemöller was not the only person in the Confessing Church to draw this
So yes, that poem calls for you to look out for the wellbeing and interests — including freedom from oppression and censorship — for those folks who you might now perceive to be your enemies.
See:
https://en.wikipedia.org/wiki/First_They_Came
It should be noted that Niemöller was not the only one to draw on this story as an indictment of the church's inaction. Margarete “Marga” Meusel, a contemporary and correspondent of Niemöller wrote this in 1935 which was antecedent in the body of thought informing the 1946 speech:
> Why does the church do nothing? Why does it allow unspeakable injustice to occur? ... What shall we one day answer to the question, where is thy brother Abel? The only answer that will be left to us, as well as to the Confessing Church, is the answer of Cain. ("Am I my brother's keeper?" Genesis 4:9)
Think of the kids the world we failed to protect by not having passport checks and government snitch at the 4chan login.
But don’t worry! We will check your passport when you open your phone (already live in the UK, efforts supported by the GBP 2M secret donation of Meta to NGOs).
And what’s the worst thing that could happen? No one would for sure arrest you for being critical of a foreign government.
https://www.independent.co.uk/news/uk/crime/palestine-action...
It was clear to me from the moment this began that this case would end in humiliation for the British government/regulator. A good reminder that Britain is a declining nation that still likes to pretend it is an empire.
I hope the precedent doesn't change to trying to enforce fines on foreign companies by instead arresting and fining employees upon arrival to the UK.
Though I guess we've already seen something similar in France with Telegram...
When European governments say they will lead in technology regulation, this is what they mean.
Note this nonsense headline and article is just more puffery from the theatrical 4chan side and doesn't represent any official legal position.
Of course ofcom knows its power is limited, that shouldn't stop it attempting to do it's job, however much that job might irk foreign operators publishing to ofcoms jurisdiction.
The fact is the US has different standards to the UK. It doesn't mean one is right and one is wrong but it does mean that those differences will cause cultural and legal friction that responsible operators will attempt to diminish within reason, while others will attempt to capitalize for publicity.
I hope the precedent doesn't change to trying to enforce fines on foreign companies by instead arresting and fining employees upon arrival to the UK.
Though I guess we've already seen something similar in 2024 with France and Telegram...
It's annoying, in the UK you can browse 4chan but not Imgur
Good, fuck off ofcom. We always mocked Chinese censorship but we’re not really any different now.
does this mean the UK will block 4chan in the UK? if the defense is jurisdictional then 4chan can continue to serve US users, but there would be no recourse if the UK blocks it in their jurisdiction
The UK ISPs already did this earlier. What Ofcom really wanted is to flex their muscle and kill 4chan because it represents Satan for them.
What Ofcom wants next is to make VPNs illegal.
It is not blocked in the UK.
I think OFCOM themselves recognize the problem with trying to ban VPNs, but extremely dim MPs and extremely angry newspapers (who are the underlying enemies of free speech here) don't.
Did they fully block it or just put it on the blocklists that you can turn off in your account settings?
https://www.blocked.org.uk/site/http://www.4chan.org suggests the latter to me, but the checks aren't very recent
Using a nationwide default blocklist to address 4chan would be appropriate behaviour for Ofcom, given its duty to protect kids.
Beyond that, it is just madness to try to control the US company or fine it. Going beyond this duty shows that not all biscuits are present at the afternoon tea.
It's not like Facebook, or anyone's personal life or business, depends on 4chan.
In my experience, ISPs just 'block' it at the DNS level. Using another DNS provider 'unblocks' everything.
4chan and Kiwi Farms, which is something the article intentionally glosses over. Honestly, KF is a far more “dangerous” place in the eyes of the UK government, as 4chan hasn’t been relevant for around a decade, and the combined efforts to deplatform KF traditionally has been fruitless.
The despicable goons of the totalitarian caliphate UK should be put on the no-fly list.
Bunch of jihadists.
> American courts generally decline to enforce foreign judgments that violate the United States Constitution
Good grief. This is sad stuff.
Are you saying it is sad that American courts do not enforce foreign laws if they violate the US constitution? If so, then are you in favor of Russian, Chinese, various Muslim countries' laws being enforced in the US?
Iranian Fatwas enforced/carried out by American courts, that could get interesting.
I think you meant to ask "are you in favor of the CLOUD Act and FACTA (among others) being enforced outside the US?"
This was a fairly stupid case. Ofcom didn't try to enforce it abroad, 4chan sued Ofcom in case it did (mostly for PR purposes).
Ofcom knows its rulings don't apply internationally.
So yes, the status quo is enforced by the US courts, as if it was ever in doubt and nothing at all has changed.
Didn't Ofcom send multiple threat letters to 4chan, requesting they comply with UK laws? That counts as trying to enforce it
Yes. Ofcom sent multiple extortion letters to 4chan and Kiwi Farms, demanding they pay up and/or submit to British rule. Saying it was for “PR purposes” is equivalent to saying that reporting blackmail is for PR. GP also fails to understand that specifically US courts have no jurisdiction to stop international extortion, which is a loophole through the FSIA. For now, this creates a gridlock: the UK has no ability to seize assets from non-UK entities, but are free to fine and declare non-UK entities as in violation, which aids internal and even international pressure to censoring speech critical of the UK government. In response, US legislation is being proposed (GRANITE Act) that aims to close this loophole.
Cool. So 4chan is going to get DNS blocked in the UK and I can finally stop hearing about this and all the Americans takes on what my country's enforcement mechanisms should be.
What should the rules and enforcement mechanisms be? It seems your country is unfree and getting worse in terms of digital freedom.
We need to start collectively shaming individuals in the tech sector who work for these censorious government agencies and do their bidding.