Insofar as a political organization like Ofcom is even capable of admitting defeat, it did so in the 4chan enforcement today.
In testimony before the Commons Digital, Culture, Media, and Sport Committee, Ofcom admitted it knows its jurisdiction ends where a foreign court’s jurisdiction begins.
“If foreign courts decide to… try and get in our way, there will be a point at which we have to accept that we won’t be able to recover that money.”
Guido is right. American courts have, by now, provided their preliminary view on the likelihood of Ofcom’s enforcement powers being successful in U.S. courts – the obiter dicta in 4chan v. Ofcom, the opinion in the case we filed against Ofcom in the federal District Court for the District of Columbia a little over a year ago.
