> ... and that material is served to a European user ...
But in this scenario, Facebook would be blocking all EU users, based on IP address, DNS lookup, and so on. Just like Netflix blocks non-US users from accessing US-licensed media.
So EU users could only access Facebook through Tor, or VPN services. And Facebook could still argue (and make sure that it held no conflicting data) that it knowingly served no users in the EU.
I agree that using Facebook via VPNs and/or Tor is prudent. If you must use it at all. Because, even if you obfuscate persona and location, it's still harvesting data on social connectivity. And even if everyone involved obfuscates persona and location, that's still too much data to share with a single entity.
So anyway, Facebook was just an example. To show how social media etc providers could work around the EU Copyright Directive. By blocking access to all users known to be in the EU. If there are no apparent EU users, arguably the law doesn't apply. But then, IANAL.
But in this scenario, Facebook would be blocking all EU users, based on IP address, DNS lookup, and so on. Just like Netflix blocks non-US users from accessing US-licensed media.
So EU users could only access Facebook through Tor, or VPN services. And Facebook could still argue (and make sure that it held no conflicting data) that it knowingly served no users in the EU.