[anti-abuse-wg] Spamming LIR accounts

----- On May 12, 2020, at 12:32 PM, Töma Gavrichenkov <ximaera at gmail.com> wrote: 

> On Tue, May 12, 2020, 10:13 PM Sabri

>> First of all, there is the requirement for the non-EU company to intentionally
>> provide goods or services to the EU. That can be found in article 3(2)a.

> Well, virtually that's exactly our case: an employee of an Israeli company
> promotes their services (in multiple local EU languages such as Czech language)
> through an intentional mailing.

Yes, you are absolutely correct in that. 

>> Second, and most important, for a law to protect it must be enforceable. For a
>> law to be enforceable, a court must be able to issue a judgement, and that
>> judgement must be executable.

> Still fine: AFAIK Israeli companies with a remote offering directed to the EU
> citizens are subject to extraterritorial reaches. At least, I've seen some of
> those working in GDPR compliance. What do I miss here?

This is the part where I disagree. According to EU law, they are subject to what's called "universal jurisdiction", but unless there are treaties in place, or the local Israeli courts are willing to recognize foreign judgements, that EU law is nothing but a useless piece of paper. The EU cannot enforce their laws in a different country without the local courts granting jurisdiction. And that, in turn, means that EU laws cannot be applied to those outside of its reach. 

It would be different if said entity (whether that's a person or business) had any assets in the EU. In that case they could be seized upon a monetary judgement. Which is the case with Google, Facebook etc. 

In more simpler terms: EU courts can award you 100 million euros, but without a way to collect it you're still poor. 

Hence my recommendation to just plonk the guy into oblivion instead of pursuing a theoretical and practically impossible avenue (GDPR enforcement). 

Just procmail the guy's emails, and vote for the other candidates. Saves you a lot of headaches :) 

Thanks, 

Sabri 
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