From: Black Unicorn <unicorn@schloss.li>
Date: Sat, 17 Aug 1996 02:44:00 +0800
To: Vincent Cate <vince@offshore.com.ai>
Subject: Re: Anguilla - legal action or lack thereof
In-Reply-To: <Pine.LNX.3.91.960814075142.12075B-100000@offshore>
Message-ID: <Pine.SUN.3.94.960816110502.24799A-100000@polaris>
MIME-Version: 1.0
Content-Type: text/plain


On Wed, 14 Aug 1996, Vincent Cate wrote:

> 
> Dr.Dimitri Vulis KOTM <dlv@bwalk.dm.com>
> > 
> > "Greg Kucharo" <sophi@best.com> writes:
> > >   While Tim may be right that nobility is lost when backing down to the
> > > authorities, the fact is that this game has little to do with noble
> > > purposes. ...

[...]

> However, my work permit is up for renewal.  They would not ever have to
> take legal action to shut me down, just decide not to renew my work
> permit, and I would have to leave the island. 

[...]

> My lawyer says it is illegal to sell fake passports in Anguilla. So
> defending this guy could easily have been a fight to my death as an
> Anguilla ISP.

First, Mr. Cate, I appreciate your service, and I think it's a step in the
right direction.  The way that I see it your service is focused on
providing a degree of regulatory arbitrage.  It also seems that the
service is designed, and defended with those purposes in mind.  As far as
I can tell you did and do not intend Offshore Information Services to be a
"Data Haven" in the strict sense of the word.  I recall you stating that
rather specifically, but I may have missed attributation somewhere.

Members of the list should try to take note of this.

Mr. Cate is running a Regulatory Arbitrage Internet Service Provider
(RAISP) not a Data Haven.  

To me the distinction is this:

An RAISP seeks to avoid the application of undue reglation by locating in
a jurisdiction where regulation is more limited.

A Data haven seeks to avoid the application of any regulation by
maintaining such secrecy and instant mobility so as to continue to operate
even if authorities bring all their power to bear.

Mr. Cate clearly is in a sensitive position that does not give him the
instant mobility to just jump ship.  He is at the mercy of the authorities
(even if they are laxer than those say in the United States) to the extent
he has no backup plan.  This, by the way, is not a criticism.  This is
entirely consistent with his purpose.

For the RAISP operator, the words "My lawyer tells me that's illegal here"
is the end of the argument.

For the Data Haven operator, the word "My lawyer tells me that's illegal
here" prompts the command "Prepare to make the jump into cyberspace."

I would suggest members of the list reconsider the value of the service
provided by, and the limitations imposed on Mr. Cate.

>    --  Vince
> 
> -----------------------------------------------------------------------
> Vincent Cate   vince@offshore.com.ai  http://www.offshore.com.ai/vince/
> Offshore Information Services         http://www.offshore.com.ai/
> 

--
I hate lightning - finger for public key - Vote Monarchist
unicorn@schloss.li