Captives of the Cloud: Part II
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INSTRUCTIONS Review the Information Provided in The
UNIVERSITY OF OSLO, FACULTY OF LAW ENGLISH FOR LAWYERS (ENGSEMJ) TOPICS IN INTERNATIONAL LAW AND HUMAN RIGHTS HANDOUT #1: THE CASE OF SEALAND INSTRUCTIONS Review the information provided in the following pages that was copied from the official website of the Principality of Sealand as well as from Wikipedia.com. Consider that the United Kingdom sought to settle the matter in the International Court of Justice and Sealand agreed. As a matter of procedure, the ICJ agreed to hear the case and allow representatives of ‘Sealand’ to present their case without their appearance before the Court having any ramifications in international law. The Honorable Richard Hustad, acting ICJ judge, will preside over this case. Assignment: Team #1: As a representative of the United Kingdom, argue that Sealand is part of the United Kingdom and subject to its jurisdiction. Team #2: As a representative of Sealand, argue that Sealand is a sovereign state. Source: www.sealandgov.com History of Sealand During World War II, the United Kingdom decided to establish a number of military bases, the purpose of which was to defend England against German air raids. These sea forts housed enough troops to man and maintain artillery designed to shoot down German aircraft and missiles. They were situated along the east coast of England on the edge of the English territorial waters. One of these bases, consisting of concrete and steel construction, was the famous royal fort Roughs Tower situated slightly north of the estuary region of the Thames River. In contrast to the original plan to locate the tower within the sovereign territory of England, this fortress was situated at a distance of approximately 7 nautical miles from the coast, which is more than double the then applicable 3-mile range of territorial waters; to put it briefly, this island was situated in the international waters of the North Sea. -
Welcome to Sealand. Now Bugger Off
Issue 8.07 - July 2000 Welcome to Sealand. Now Bugger Off. Hunkered down on a North Sea fortress, a crew of armed cypherpunks, amped-up networking geeks, and libertarian swashbucklers is seceding from the world to pursue a revolutionary idea: an offshore, fat-pipe data haven that answers to nobody. By Simson Garfinkel Ryan Lackey, a 21-year-old MIT dropout and self-taught crypto expert, sees fantastic things for himself in 2005. For starters, he'll be filthy rich. But his future is animated by more than just money - to wit, the exploration of a huge idea he thinks will change the world. Lackey's big concept? That freedom is the next killer app. Before you get too choked up, you should know that Lackey means giving corporations and frisky individuals the "freedom" to store and move data without answering to anybody, including competitors, regulators, and lawyers. He's part of a crew of adventurers and cypherpunks that's working to transform a 60-year-old gunnery fort in the North Sea - an odd, quasi-independent outpost whose British owner calls it "the Principality of Sealand" - into something that could be possible only in the 21st century: a fat-pipe Internet server farm and global networking hub that combines the spicier elements of a Caribbean tax shelter, Cryptonomicon, and 007. This summer, with $1 million in seed money provided by a small core of Internet-fattened investors, Lackey and his colleagues are setting up Sealand as the world's first truly offshore, almost-anything-goes electronic data haven - a place that occupies a tantalizing gray zone between what's legal and what's .. -
“If I'm Not a Ship, I'm a Boat That Could Be”: Seasteading and the Post-Social Political Imagination Isabelle Simpson A
“If I’m not a ship, I’m a boat that could be”: Seasteading and the post-social political imagination Isabelle Simpson A Thesis in The Department of Sociology and Anthropology Presented in Partial Fulfillment of the Requirements for the Degree of Master of Arts (Anthropology) at Concordia University Montréal, Québec, Canada April 2016 © Isabelle Simpson, 2016 CONCORDIA UNIVERSITY School of Graduate Studies This is to certify that the thesis prepared By: Isabelle Simpson Entitled: “If I’m not a ship, I’m a boat that could be”: Seasteading and the post-social political imagination and submitted in partial fulfillment of the requirements for the degree of Master of Arts in Social and Cultural Anthropology complies with the regulations of the University and meets the accepted standards with respect to originality and quality. Signed by the final examining committee: ______________________________________ Chair Dr. Meir Amor ______________________________________ Examiner Dr. Kregg Hetherington ______________________________________ Examiner Dr. Sally Cole ______________________________________ Supervisor Dr. Mark K. Watson Approved by_______________________________________ Dr. Meir Amor, Graduate Program Director ________________________________________ Dean of Faculty Date _____________________________________________ iii ABSTRACT “If I’m not a ship, I’m a boat that could be”: Seasteading and the post-social political imagination Isabelle Simpson Founded in 2008, The Seasteading Institute (TSI) is a California non-profit organization set up “to facilitate the development of permanent, autonomous cities deriving legal autonomy from their location in international waters – Earth’s last unclaimed frontier” (Hencken, 2013, cited in Barksdale). These floating city-states, or seasteads, would exist on platforms inspired by cruise ships, aircraft carriers and oil platforms and become frontier habitations for aquapreneurs and ocean pioneers wanting to experiment with new systems of governance. -
Sealand, Havenco, and the Rule of Law
SEALAND, HAVENCO, AND THE RULE OF LAW James Grimmelmann* In 2000, a group of American entrepreneursmoved to a former World War I antiaircraftplatform in the North Sea, seven miles off the British coast. There, they launched HavenCo, one of the strangest start-ups in Internet history. A former pirate radio broadcaster,Roy Bates, had occupied the platform in the 1960s, moved his family aboard, and declared it to be the sovereign Principality of Sealand. HavenCo's founders were opposed to governmental censorship and control of the Internet; by putting computer servers on Sealand, they planned to create a "data haven" for unpopularspeech, safely beyond the reach of any other country. This Article tells the full story of Sealand and HavenCo-and examines what they have to tell us about the nature of the rule of law in the age of the Internet. The story itself is fascinating enough: it includes pirate radio, shotguns, rampant copyright infringement, a Red Bull skateboarding special,perpetual motion machines, and the Montevideo Convention on the Rights and Duties of State. But its implicationsfor the rule of law are even more remarkable. Previous scholars have seen HavenCo as a straightforwardchallenge to the rule of law: by threat- ening to undermine national authority, HavenCo was opposed to all law. As the fuller history shows, this story is too simplistic. HavenCo also depended on internationallaw to recognize and protect Sealand, and on Sealand law to protect it from Sealand itself. Where others have seen HavenCo'sfailure as the triumph of traditionalregulatory authoritiesover HavenCo, this Article argues that in a very real sense, Haven Co failed not from too much law but from too little. -
Google's Patented Pirate Ship
SEAFARING DATA HAVENS: GOOGLE’S PATENTED PIRATE SHIP Jeffrey D. Kramer* TABLE OF CONTENTS I. Introduction ................................................................................................. 360 II. Background ................................................................................................. 360 A. Google’s Floating Data Centers ............................................................. 361 B. Law of the Sea ................................................................................... 361 C. Regulation of Data ................................................................................. 362 1. Internet Traffic v. Traditional Forms of Trading ............................ 362 2. Evolution of International Data Regulation .................................... 363 III. Analysis ....................................................................................................... 364 A. Data v. Traditional Objects .................................................................... 365 B. Examples of Contemporary “Data Havens” .......................................... 366 1. Sealand & HavenCo, A Failed Extra-Jurisdictional Data Haven .. 366 2. OIS, an example of a Nationally-Based Data Haven ...................... 368 3. Other Data Safe Havens ................................................................. 369 C. Google’s Floating Server: Effects of Mobility ...................................... 369 1. Nationally-Based Data Havens ....................................................... 370 2. Non-National -
Sealand, Havenco, and the Rule of Law James Grimmelmann*
Sealand, HavenCo, and the Rule of Law James Grimmelmann* Abstract: In 2000, a group of American entrepreneurs moved to a former World War II anti-aircraft platform in the North Sea, seven miles off the British coast, and launched HavenCo, one of the strangest start-ups in Internet history. A for- mer pirate radio broadcaster, Roy Bates, had occupied the platform in the 1960s, moved his family aboard, and declared it to be the sovereign Principality of Sealand. HavenCo’s founders were opposed to governmental censorship and con- trol of the Internet; by putting computer servers on Sealand, they planned to cre- ate a “data haven” for unpopular speech, safely beyond the reach of any other country. This article tells the full story of Sealand and HavenCo—and examines what they have to tell us about the nature of the rule of law in the age of the In- ternet. The story itself is fascinating enough: it includes pirate radio, shotguns and .50-caliber machine guns, rampant copyright infringement, a Red Bull skate- boarding special, perpetual motion machines, and the Montevideo Convention on the Rights and Duties of State. But its implications for the rule of law are even more remarkable. Previous scholars have seen HavenCo as a straightforward challenge to the rule of law: by threatening to undermine national authority, Ha- venCo was implacably opposed to all law. As the fuller history shows, however, this story is too simplistic. HavenCo also depended on international law to recog- nize and protect Sealand, and on Sealand law to protect it from Sealand itself. -
Seasteading: a Practical Guide to Homesteading the High Seas
Seasteading: A Practical Guide To Homesteading The High Seas Patri Friedman (with Wayne Gramlich) June 9, 2009 i ii Formatted for LATEX by MultiMarkdown Contents Contents iii I Introduction 1 1 Preface to this edition 2 2 General Introduction 3 3 Reader Notes 7 3.1 Technical Detail . 7 3.2 Political Agnosticism . 7 3.3 Reader Commenting . 8 3.4 Focus On Small . 8 II Why? 9 4 Why Introduction 10 5 Why we need new societies 11 5.1 Three Stories . 11 5.2 Real Groups . 12 5.3 A Big Idea . 14 5.4 Pioneers And The Need For A Frontier . 15 5.5 Cost of bad government . 16 5.6 Global crisis . 16 5.7 Further Reading . 18 6 Why They Belong On The Ocean 19 6.1 Disclaimers . 19 6.2 Land = Crappy Government . 20 6.3 Sea = Better Government . 22 6.4 Misc. Points / Implications . 23 6.5 Why Live On The Ocean - Summary . 27 iii CONTENTS iv 7 Why they should be approached our way 28 7.1 Why Incrementalism . 28 7.2 Technological Realism . 29 7.3 Transparency . 30 7.4 Openness . 31 7.5 Realistic Compromises . 31 8 Why Summary 33 III Review 34 9 Current 36 9.1 Floating Homes . 36 9.2 Sailboats . 38 9.3 Cruise Ships . 38 9.4 Cruise Condos . 39 9.5 Oil Platforms . 40 9.6 Islands . 40 9.7 Sealand . 41 10 Attempted 43 10.1 The Freedom Ship . 43 10.2 Aquarius Project . 43 10.3 Minerva Reef . 44 10.4 The Isle of Roses . -
Principality of Sealand
Coordinates: 51°53′42.6″N 1°28′49.8″E Principality of Sealand The Principality of Sealand, commonly known as Sealand, is a micronation that claims Roughs Tower, an offshore platform in the North Sea approximately 12 kilometres (7.5 mi) Principality of Sealand off the coast of Suffolk, as its territory. Roughs Tower is a disused Maunsell Sea Fort, originally called HM Fort Roughs, built as an anti-aircraft gun platform by the British during Micronation World War II.[3][4] Since 1967, the decommissioned HM Fort Roughs has been occupied by family and associates of Paddy Roy Bates, who claim that it is an independent sovereign state.[3] Bates seized it from a group of pirate radio broadcasters in 1967 with the intention of setting up his own station at the site.[5] He attempted to establish Sealand as a nation state in 1975 with the writing of a national constitution and establishment of other national symbols.[3] While it has been described as the world's smallest country,[6][7] Sealand is not officially recognised by any established sovereign state in spite of Sealand's government's claim that it Flag Coat of arms has been de facto recognised by the United Kingdom[3] and Germany.[8] The United Nations Convention on the Law of the Sea, in force since 1994, states "Artificial islands, Motto: E Mare Libertas installations and structures do not possess the status of islands. They have no territorial sea of their own, and their presence does not affect the delimitation of the territorial sea, the From the sea, Freedom exclusive economic zone or the continental shelf".[9] Since 1987, Sealand has lain within the United Kingdom's territorial waters.[10] Anthem: E Mare Libertas by Basil Simonenko Bates moved to the mainland when he became elderly, naming his son, Michael, as regent. -
Cypherpunks, Wikileaks, and the World's Smallest Nation
SIGN IN POLICY — Death of a data haven: cypherpunks, WikiLeaks, and the world’s smallest nation Rumors suggest that WikiLeaks might try to avoid government power by putting … JAMES GRIMMELMANN - 3/27/2012, 6:00 PM y e y RyanLack aph b Photogr Sealand in all its rusty splendor A few weeks ago, Fox News breathlessly reported that the embattled WikiLeaks operation was looking to start a new life under on the sea. WikiLeaks, the article speculated, might try to escape its legal troubles by putting its servers on Sealand, a World War II anti-aircraft platform seven miles off the English coast in the North Sea, a place that calls itself an independent nation. It sounds perfect for WikiLeaks: a friendly, legally unassailable host with an anything-goes attitude. But readers with a memory of the early 2000s might be wondering, "Didn't someone already try this? How did that work out?" Good questions. From 2000 to 2008, a company called HavenCo did indeed offer no-questions-asked colocation on Sealand—and it didn't end well. HavenCo's failure—and make no mistake about it, HavenCo did fail—shows how hard it is to get out from under government's thumb. HavenCo built it, but no one came. For a host of reasons, ranging from its physical vulnerability to the fact that The Man doesn't care where you store your data if he can get his hands on you, Sealand was never able to offer the kind of immunity from law that digital rebels sought. And, paradoxically, by seeking to avoid government, HavenCo made itself exquisitely vulnerable to one government in particular: Sealand's. -
Delft University of Technology the Nomos of the Sea Pirates, Djs
Delft University of Technology The Nomos of the Sea Pirates, DJs, Hackers, and the Architecture of Contingent Labor Khosravi, Hamed Publication date 2018 Document Version Final published version Published in The Avery Review Citation (APA) Khosravi, H. (2018). The Nomos of the Sea: Pirates, DJs, Hackers, and the Architecture of Contingent Labor. The Avery Review, (29). http://averyreview.com/issues/29/nomos-of-the-sea Important note To cite this publication, please use the final published version (if applicable). Please check the document version above. Copyright Other than for strictly personal use, it is not permitted to download, forward or distribute the text or part of it, without the consent of the author(s) and/or copyright holder(s), unless the work is under an open content license such as Creative Commons. Takedown policy Please contact us and provide details if you believe this document breaches copyrights. We will remove access to the work immediately and investigate your claim. This work is downloaded from Delft University of Technology. For technical reasons the number of authors shown on this cover page is limited to a maximum of 10. The Avery Review Hamed Khosravi – The Nomos of the Sea: Pirates, DJs, Hackers, and the Architecture of Contingent Labor The axiom freedom of the sea meant something very Citation: Hamed Khosravi, “The Nomos of the Sea: Pirates, DJs, Hackers, and the Architecture of simple, that the sea was a zone free for booty. […] On Contingent Labor,” in the Avery Review 29 (February the open sea, there were no limits, no boundaries, no 2018), http://averyreview.com/issues/29/nomos-of- the-sea. -
Principality of Sealand: Nation Building by Individuals, the Trevor A
Tulsa Journal of Comparative and International Law Volume 10 | Issue 1 Article 9 9-1-2002 Principality of Sealand: Nation Building by Individuals, The Trevor A. Dennis Follow this and additional works at: http://digitalcommons.law.utulsa.edu/tjcil Part of the Law Commons Recommended Citation Trevor A. Dennis, Principality of Sealand: Nation Building by Individuals, The, 10 Tulsa J. Comp. & Int'l L. 261 (2002). Available at: http://digitalcommons.law.utulsa.edu/tjcil/vol10/iss1/9 This Casenote/Comment is brought to you for free and open access by TU Law Digital Commons. It has been accepted for inclusion in Tulsa Journal of Comparative and International Law by an authorized administrator of TU Law Digital Commons. For more information, please contact daniel- [email protected]. THE PRINCIPALITY OF SEALAND: NATION BUILDING BY INDIVIDUALS t Trevor A. Dennis I. INTRODUCTION Have you ever wanted to simply get away from the hustle and bustle of the everyday world? Many writers dream and write about secluded islands with no buildings, traffic, or even people. Robinson Crusoe and Swiss Family Robinson describe two of many locations writers have dreamed up. The heroes of these novels escape modern civilization and start over, creating a new nation as they see fit. However, finding these tropical paradises is much more elusive than it is in their fictitious counterparts. Almost all of the inhabitable land on earth is claimed by one, and sometimes more than one, nation states. Individuals who truly want to get away and start their own version of paradise run smack into existing rules and governments that interfere in their plans. -
Problem Podmiotowości Prawnomiędzynarodowej Księstwa Sealand
vol. 45/2015, ss. 101–119 ISSN 1505-2192 www.athenaeum.umk.pl DOI: 10.15804/athena.2015.45.06 PROBLEM PODMIOTOWOŚCI PRAWNOMIĘDZYNARODOWEJ KSIĘSTWA SEALAND Bartłomiej H. Toszek* THE INTERNATIONAL SUBJECTIVITY PROBLEM OF THE PRINCIPALITY OF SEALAND — ABSTRACT — Th e Principality of Sealand was founded on the abandoned military plat- form on the North Sea. Because of its location beyond the British territorial waters, it was not the point of interest of the British authorities. In 1960s and 1970s, the Principality have got its national emblems and constitution. Despite of this initial development, most of the citizens moved from the platform to mainland because of hard conditions of life. Th e most dange- rous threat for the Principality existence was the declaration of widening British territorial waters zone up to 12 NM (Nautical Miles), but no British troops or navy ship tried to disturb Sealand’s sovereignty. Despite ‘not disturbed’ status, the Principality is not the state in the meaning of the international law. It has not got its territory nor people, because offi cially the platform is the Ministry of Defence property and all of Sealand’s citizens live in the mainland now. Th e Principality has not been recognized by any state or international organization, so it has no possibilities to take part in international relations. From the legal point of view, the Principality is not only a state, but even quasi-state, however, it could be recognised in the future as a virtual micronation, although it is not a legal category. — KEYWORDS — international relations, international subjectivity, recognition of the state ‘Th e Principality of Sealand’, Th e United Kingdom * Uniwersytet Szczeciński, Instytut Politologii i Europeistyki.