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docs(faq): note jurisdiction varies in the peer-legality entry - #108

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faq-jurisdiction-caveat
Aug 7, 2026
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docs(faq): note jurisdiction varies in the peer-legality entry#108
sanity merged 1 commit into
mainfrom
faq-jurisdiction-caveat

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@sanity sanity commented Aug 7, 2026

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Problem

The "Is it legal to run a Freenet peer?" entry (merged in #107) leaned entirely on U.S. law — the DMCA §512 intermediary/conduit distinction and an intent-based "automatic vs. knowing" liability framework. A reader in a jurisdiction with strict or administrative liability for operating network/P2P software (i.e. one that doesn't turn on intent the way U.S./EU law tends to) could read the entry and take false comfort that doesn't apply where they live.

Approach

  • Flags the DMCA/§512 discussion explicitly as "U.S. law, used here for illustration rather than as a universal rule" instead of implying it's a general principle.
  • Softens "a role internet law has long distinguished" to "a role many legal systems have long distinguished", since the earlier phrasing asserted a universal claim before any caveat appeared.
  • Adds one brief, non-alarmist sentence: legal treatment of network/P2P software varies by country, not every jurisdiction draws the automatic-vs-knowing line, so operators should weigh their own local laws too.

Deliberately does not name specific countries (avoids taking a public political stance or getting any one regime's specifics wrong) and does not turn the FAQ entry into a legal survey.

Testing

  • hugo --gc --minify — site builds cleanly
  • python3 scripts/check-links.py --self-test and ... hugo-site/public — no broken internal links (222 pages checked)
  • Reviewed by an independent (read-only) Fable 5 pass; two of its suggested fixes applied (see above)

[AI-assisted - Claude]

The "Is it legal to run a Freenet peer?" entry leaned entirely on U.S.
law (DMCA §512's intermediary distinction, an intent-based "automatic
vs. knowing" framework). Some jurisdictions impose strict or
administrative liability for operating network/P2P software regardless
of intent, so that framework could give a reader outside the U.S. false
comfort.

Flags the DMCA discussion as an illustrative U.S. example rather than a
universal rule, and adds a brief, non-alarmist note that legal
treatment of network/P2P software varies by country and operators
should weigh their own local laws. Deliberately doesn't name specific
countries or turn the FAQ into a legal survey.

Reviewed by Fable 5 (read-only pass); two of its suggested fixes
applied (softened "internet law" to "many legal systems", untangled a
stacked-appositive sentence).

Co-Authored-By: Claude Sonnet 5 <noreply@anthropic.com>
Claude-Session: https://claude.ai/code/session_01UMFQxiSpfoUqxrEqQp5JXR
@sanity
sanity merged commit 5331f86 into main Aug 7, 2026
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sanity deleted the faq-jurisdiction-caveat branch August 7, 2026 05:14
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