Tim Starling wrote: > RYU Cheol wrote: >> We have some servers in Seoul, Korea, which are donated by Yahoo, >> right? (I'm not sure, let me know) Then it's a web site in South >> Korea. > > Those servers are no longer being used to serve the website, they're > just being used for a few miscellaneous tasks. We're planning to move > all remaining operations in Korea to Florida, and to return the > servers to Yahoo. These plans can be hurried up if it's necessary for > legal reasons. > > Is there an English translation of the law in question, available on > the web?
Answering my own question: http://www.worldlii.org/int/other/PrivLRes/2005/2.html Article 55 appears to be relevant: (1) The Minister of Information and Communication may request the information and communications service providers, etc. (in this Article, including any person falling under a case where the provisions of Article 58 apply mutatis mutandis) to submit related goods and documents, etc., if it is necessary to enforce this Act. >From Article 2: 3. "Information and communications service providers" shall mean the operators of telecommunications as prescribed in Article 2 (1) 1 of the Telecommunications Business Act and other persons who provide information or intermediate information services for profit utilizing the services rendered by the telecommunications service providers; >From the Telecommunications Business Act: <http://www.itu.int/ITU-D/treg/Legislation/Korea/BusinessAct.htm> 1.the term "telecommunications business operator" means a person who provides telecommunications service with holding the relevant license or making a registration or report under this Act" Article 58: (1) The provisions of Articles 22 through 32 shall apply mutatis mutandis where any person prescribed by the Presidential Decree, from among other persons than the information and communications service provider, who provides goods or services, collects, utilizes or provides the personal information of customers of his/her goods or services. In this case, the "information and communications service provider" and the "information and communications service providers, etc." shall be deemed the "providers of goods or services," and the "user" shall be deemed the "customer of goods or services," respectively. So I guess the question is then, whether Wikimedia is prescribed by the Presidential Decree. Google would qualify under the definition in article 2, since they are for-profit. We would need to come under article 58 if we were to be subject to this legislation. In any case, there are the usual difficulties of international jurisdiction, as amply demonstrated by the court cases against us in Germany. Unlike Google, Wikimedia would have the option of ignoring any decision by the Korean courts. But the government could easily retaliate by DNS poisoning if it came to that. -- Tim Starling _______________________________________________ foundation-l mailing list foundation-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/foundation-l
