US laws pertaining to Native American soverign nations & Internet sovernty

[tankman1989]

To start with I don't know the exact term for what I want to describe. I believe I am referring to a Native American Nation such as the "Navajo Nation" - which is the largest in the US. I am curious as to whether they are responsible for following the Internet laws that are dictated but congress or do they have the power to chose to enforce the laws they see fit.

When I think of these patches of "sovereign nations" within the US I think of embassies from other countries where the entire property on which the building sits is "foreign soil" as well as an persons within, and cars/vehicles registered to it and and bags or computers are property of the sovereign nation. Is this a good comparison or does one group wield more power than another (embassies more than Navajo Nation for example). I couldn't find anything that answered this specifically and I'm not sure anyone here is going to know for sure.

Now for the Technibble aspect. If an server farm resides upon a Native American Nation could those servers be searched and seized as would any other server in the US (or NZ for what it's worth) if a judge so ordered? Would they and their clients/users have protection as did users from Sweeden during the Pirate bay scandal (as long as Navajo Nation protects their host and clients).

I have a few other questions but I'll start with this and see if anyone knows anything or can give me any historical references for me to look up.

Oh and I don't need the comments about 60% of them not having phones and 30% not having running water. Sure they don't have that stuff on the edges of the Nation/reservation as it is almost 30,000 square miles - but in the populated centers they have cell towers, phone, etc. If you are having trouble thinking this is unrealistic just humor me. It's no less realistic than the 1 laptop for every child in AFRICA. This is in our own back yard (at least those here from the states) and they are some of the worst off people in our country (except for a few select top dogs who own casinos).

I have a plan I could set up a web hosting company with a slogan something like this: "Why not let an Apache manage your Apache? Well it IS their native tongue is it not?"

 

[andcorptech]

Im sure the US government would find someway around peoples rights, they have in every other aspect.
Maybe they would say, if you dont cooperate we will stick a TSA checkpoint on every road out of your "sovereign nation". Not only that, it would be pretty easy to monitor or even disconnect the internet completely to the outside of the said nation, as you would need to cross US soil at some point in the cabling. Sweden didn't have this issue in the pirate bay case.

 

[tankman1989]

Im sure the US government would find someway around peoples rights, they have in every other aspect.
Maybe they would say, if you dont cooperate we will stick a TSA checkpoint on every road out of your "sovereign nation". Not only that, it would be pretty easy to monitor or even disconnect the internet completely to the outside of the said nation, as you would need to cross US soil at some point in the cabling. Sweden didn't have this issue in the pirate bay case.

Those are good points. Now only if this could be done with satellite - lease bandwidth from the Ruskies, China, S Korea, Europe,etc. That would be kind of tough though.

I was wondering if one of these "Nations" could setup online casino's much like the way the over-seas casinos were operating a decade ago. I never really followed what happened with them. Is it illegal for US citizens to gamble online (at home or via smart phone now)?

 

[cmonova]

If the concept behind the whole post is actually using "Why not let an Apache manage your Apache" or even remotely thinking you are going
to provide services to teh Native American Nation people I think really need to rethink your stance. The chances of an outsider being able
to provide these type services are pretty much slim to none.

Native Americans such as the "Navajo Nation" have a tremendous advantage in tax breaks, govt contracts, etc then any other organization
around. I do not see this even being a possibility.

 

[AlaDes]

My wife just happens to be Navajo/Apache/Comanche, so I will answer your questions to the best of my ability.
Yes, as the OP originally asked, Native American Tribal Nations are sovereign nations, and could be compared to a foreign embassy. However, the leaders of the Native American Nations do not have any type of diplomatic immunity if they are off their reservations.
To answer the OP's next question...Yes, theoretically you could set up a server on any one of the reservations and be protected from the US government. However, as another poster mentioned, this is not likely to be permitted. When you are on a Native American reservation, you are subject to their laws, just as you would be in any other country. However, they have more ability than foreign countries do and can allow (but they don't have to) local, state, or federal authorities to go on their land and conduct an investigation or arrest someone. They RARELY work against these law enforcement agencies, but there has been one case that I do know of where they wouldn't allow any US authority to come on their reservation as a means of serving a subpoena in a murder investigation. However, the Feds staked out the reservation and was able to serve the individual as they left the reservation.
As far as the Apache comment, I would refrain from that. Most Apache people would find it offensive, my wife being one of them.
I hope I've answered your question

 

[tankman1989]

If the concept behind the whole post is actually using "Why not let an Apache manage your Apache" or even remotely thinking you are going
to provide services to teh Native American Nation people I think really need to rethink your stance. The chances of an outsider being able
to provide these type services are pretty much slim to none.

Native Americans such as the "Navajo Nation" have a tremendous advantage in tax breaks, govt contracts, etc then any other organization
around. I do not see this even being a possibility.

No, this was just a little "funny" I came up with before posting.

 

[bsd13]

I actually work for a Native Sovereign Nation (NSN) and it just so happens not all that long ago I was doing some research via the Tribal Attorney about some topics fairly similar to this. Remember check with your own attorney who specializes in Native American law. The following information is just my understanding of the issues and I am not an attorney.

1) Are NSN's responsible for following "internet laws" passed by congress?

If congress has specifically and explicitly stated that Native nations/people/etc are responsible for following the law, then yes they are. But it has to be explicit. Stating something like "all governments, and sovereign nations must..." isn't good enough. The assumption is that if congress does not specifically mention native American nations the law is not intended for them.

2) Does one group wield more power than another (embassies more than Navajo Nation for example)

You're comparing apples to meteor particles. For example a foreign embassy on American soil can't have a warrant issued for your arrest. A NSN certainly can. Some NSNs issue their own drivers licenses, collect their own taxes, run their own education departments, have their own public safety departments (sometimes are and sometimes aren't recognized by local non-NSN agencies) etc, etc, etc.

3) If an server farm resides upon a Native American Nation could those servers be searched and seized as would any other server in the US (or NZ for what it's worth) if a judge so ordered?

Yes. FBI and US Marshals have jurisdiction on NSN lands. Not to mention the Tribal police and/or the BIA police won't have any problem searching and seizing.

4) Would they and their clients/users have protection as did users from Sweeden during the Pirate bay scandal (as long as Navajo Nation protects their host and clients).

Technically, as an employee of a tribe I have sovereign immunity when engaged in tribal business. Two things. 1) I'd be a fool to assume a tribe would allow the sovereign immunity to protect me from US laws if I did something illegal. They would waive it in a heartbeat. 2) My understanding is that sovereign immunity doesn't extend to tribal members, or businesses operating on tribal property. It protects tribal officials and tribal staff.

5)I have a plan I could set up a web hosting company with a slogan something like this: "Why not let an Apache manage your Apache? Well it IS their native tongue is it not?"

You'd have to get explicit permission from a tribe to use any likeness (name, word, image, etc) of them for any reason. It isn't easy and often they want a substantial cut of the profits and/or controlling interest in the company.