69
votes
Can Tucker Carlson be penalized or punished by the US government?
The first amendment to the US constitution says:
Congress shall make no law [...] abridging the freedom of speech, or of the press; [...]
This constitutional hurdle is a very high obstacle to ...
31
votes
Can Tucker Carlson be penalized or punished by the US government?
what are the chances of the US government sanctioning Tucker Carlson
and can it actually be done?
Nil.
The memo does not allege collusion with Russia or any other foreign power, or working as its ...
29
votes
Accepted
How to discover/be aware of changes in law that might affect oneself personally?
The short answer is that, as a practical matter, you can't be aware of every change in the law that could conceivably affect you. Even lawyers don't have enough time to keep up with every change in ...
17
votes
Accepted
Open Source License restrictions and recent sanctions against Russia
For the GPL "family" of open source licenses, the answer is no.
The GPL FAQ answers a closely related question:
I'd like to license my code under the GPL, but I'd also like to make it clear ...
14
votes
Can Tucker Carlson be penalized or punished by the US government?
I suspect that the legal threshold for such sanctions is very high. This is not surprising, given that the freedom of expression is an acknowledged value in the US: one can express whatever views they ...
12
votes
Accepted
Trade restrictions on open source software
Publishing source code is protected under the First Amendment. Therefore the US government cannot stop anyone from publishing open source software, and once it is available from a web site it is ...
11
votes
Accepted
Do international sanctions have an impact on Open Source Software?
Generally, such sanctions prevent certain sorts of transactions in goods and services with nationals or entities of the nation under sanction. The exact list of transactions prohibited or restricted ...
10
votes
Why don't U.S. sanctions against individuals violate the bill of attainder law?
The Constitutional proviso of Article I, Section 9, Clause 3 states that "No Bill of Attainder or ex post facto Law shall be passed". This does not preclude a legal finding against the ...
10
votes
Can a company in Germany hire a remote worker from Iran?
If by "hire a worker" you mean hire you as their employee, then no. And that has nothing to do with Iran or sanctions.
See https://expatriates.stackexchange.com/questions/23844/can-i-work-...
8
votes
How to discover/be aware of changes in law that might affect oneself personally?
canada
In Canada, notices of proposed regulations, the official regulations and orders, as well as Acts of Parliament are published weekly (with extra additions as needed) in the Canada Gazette.
...
7
votes
Would it be illegal to sell a drone defense system to a nation under an arms embargo?
In the US, it is illegal to sell screwdrivers to Gaza without a license, see 31 CFR 595.409. There are numerous rules pertaining to the Palestinian Authority staring here. Dept. of State has a partial ...
7
votes
Open Source License restrictions and recent sanctions against Russia
Frame challenge: why would you want to implement such a restriction with a license? If relevant laws/sanctions prevent conveying the software to a party in or associated with Russia (or whatever ...
6
votes
Accepted
Do economic sanctions prevent repaying debts?
Yes
If it is illegal to transfer money between the jurisdictions then any contract that requires that to happen is unenforceable.
This is a subset of "sovereign risk" in a trans-national deal.
6
votes
Accepted
Can you provide free technical services to Iranians from America?
It really depends on what "services" you are providing, but generally speaking you would be in violation of the Department of Treasury, Office of Foreign Assets Control (OFAC). These regulations are ...
6
votes
Contempt of court (for certain speech and remaining silent included)?
Theoretically, life imprisonment. One can be imprisoned for as long as you remain in contempt of court, so if a person is ordered to testify and refuses, he can be held in prison until he testifies. ...
6
votes
List of countries embargoed by the US?
The US government is not required to publish a single list of "embargoed" countries, however defined. They are, however, required to publish the legal underpinnings of any restriction. This ...
6
votes
How to discover/be aware of changes in law that might affect oneself personally?
united-states
The first requirement is to know what jurisdiction you "are" in. That would obviously include country and state, but you also have to consider county and municipality, since ...
6
votes
EU citizens suing to force sanctions on Israel
EU citizens have standing to sue over their own rights. Some courts have indeed decided that climate change could be construed as a violation of those rights, requiring the sued parties (national ...
5
votes
What was the basis in international law for the seizure of the Iranian tanker Grace 1?
The passage is alleged to be not “innocent”
From Article 19:
Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State.
The article enumerates a ...
5
votes
Open Source License restrictions and recent sanctions against Russia
As this answer and this comment point out, such a license would not be an open source license, nor a free software license as those terms are usually defined.
I am not aware of any standard or widely ...
5
votes
Can a company in Germany hire a remote worker from Iran?
In addition to nvoigt's answer, it's worth mentioning that there are many things which may not be allowed to be performed by people in Iran by regulation or due to existing contracts with customers or ...
4
votes
Accepted
Does anything in international law limit a country's ability to recognize secession governments?
There is no such limitation
Each sovereign state is free to recognise or not recognise another state. Further, each is free to recognise or not recognise a government of a state they recognise.
For ...
4
votes
What was the basis in international law for the seizure of the Iranian tanker Grace 1?
This is a copy of my answer to a similar question on politics.se, which I only became
aware of after posting this question. My answer there is itself derived from material dug up in another answer, ...
4
votes
Can I hire a resident of Iran in USA to work remotely?
Under US regulations pertaining to Iran sanctions, §560.201,
Except as otherwise authorized pursuant to this part, and
notwithstanding any contract entered into or any license or permit
granted prior ...
4
votes
Can one of my citizenships cause problems with investing?
To narrow this down to a specific country, you can read about the Syria sanctions here. Sanctions under US law are against a country, and against named individuals: there are no sanctions against &...
4
votes
Why there are no sanctions against head of state if his/her country violates the International law by performing illegitimate acts of war?
Your question is based on an incorrect premise
Heads of State can be and have been held accountable for war crimes and crimes against humanity.
For example:
Germany
Japan
Yugoslavia
Rwanda
4
votes
Can Tucker Carlson be penalized or punished by the US government?
Others have already pointed out the First Amendment issue, but I would also like to point out a potential Fifth Amendment issue (with the disclaimer that I'm not a lawyer):
No person shall be held to ...
3
votes
Accepted
Why some US software companies ban their free products for some countries?
As a preface, every company must have a team of lawyers who interpret the rules and who know the practice of the Treasury Department, so that the company doesn't violate the rules and end up in big ...
3
votes
Does the US Executive Order 13884 (August 5, 2019) target the Property of the Government of Venezuela only or of all Venezuelans?
so it's unclear to me whether the US Executive Order 13884 (August 5, 2019) targets the Property of the Government of Venezuela only or of all Venezuelans.
Neither. By its literal text, it excludes ...
3
votes
As an Iranian, can I sign an Independent contractor agreement, and work remotely for a US company from Iran?
There is a regulation 31 CFR 560.419 making it
unlawful to hire an Iranian national ordinarily resident in Iran to
come to the United States solely or for the principal purpose of
engaging in ...
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