Quote:
|
Originally Posted by marketsmart
i am talking about things such as videos that are served from the sponsor, but can be played on an affiliates site...
also, i would include images that are served from the sponsor but viewable on the affiliates site..
|
These are questions that seem like they should be simple enough, but they aren't. As such, they are questions that need to be posed to an attorney - preferably someone who can offer insight into the subtle technicalities of the record keeping requirements, either personally or by way of a colleague.
Congress doesn't consult much with techs during the crafting of legislation (or consult much with constitutional law experts either, it would appear), and so the language of their laws frequently fails to address such specifics.
Unfortunately for everyone involved, by legislating alterations to 2257 at this point in time - while there's major litigation in progress concerning a previous iteration of the regulations - Congress has taken us all several steps backward.
Clarification of the highly problematic and hideously vague aspects of the regulations will likely only come through litigation. Fighting it out in court will lead to 'narrowing construction', language that provides greater detail and specificity as to the law's scope and how to comply with it - something the record keeping requirements are in desperate need of.