Hmmm, lets say I am a sponsor and you are the affiliate. You are using my materials to promote my website. If you host any of my images I'd make sure you had all the proper documentation. Why? Because if you don't have it I am sure that DOJ is probably going to come check and make sure I have it. Will I have it? Yes. Will I be thrilled that because of you I have to deal with the DOJ? No. Please just consider your account closed and all monies earned forfeited.
50 affiliates screw the 2257
And what/who will prevent a nerd to put your pictures ( without your knowledge and authorisation) on a webpage ... ????
I know that Asspimple is stoopid ... As he says, it is a FACT !
But I can't figure out how he can breathe or type , at the same time ....
I also haven't seen any wording in the law that would hold sponsors responsible for the websites run by their affiliates.
Free content is a moot point considering any sponsor that would care to ban non-compliant affiliates would be providing documentation with each free content set.
Yes but foreign webmasters have full indemnity of the law that they are technically violating.
The records cannot be verified for foreign webmasters.
Back to square one.
Nope the sponsors won't let you promote them...you're back to square one building your own sites, hosting them on non-us servers, using non-us processors.
Lets look at this example: The US DOJ sends you an email requesting to see your 2257 compliance information as they cannot find it on your website. You, not being American, either ignore them or send them a smartass email. Since they can't get in touch with you they target the sponsor. Do you really think a sponsor wants that? Are all your sponsors now going to be based outside of the US, not owned by a US citizen/resident, have offshore web hosting and European billing? You may not want to comply but a sponsor may close your account if you don't. CYA buddy. the sponsor surely will his.
THE US GOVERNMENT CANNOT INSPECT THE RECORDS OF FOREIGN WEBMASTERS
The DOJ sending an email asking to inspect physical records on the other side of the world? What are you going on about?
The 2257 regulations regarding what needs to be published on your website (address of the Custodian of Records) have not changed since the old regulations.
Lets look at this example: The US DOJ sends you an email requesting to see your 2257 compliance information as they cannot find it on your website. You, not being American, either ignore them or send them a smartass email. Since they can't get in touch with you they target the sponsor. Do you really think a sponsor wants that? Are all your sponsors now going to be based outside of the US, not owned by a US citizen/resident, have offshore web hosting and European billing? You may not want to comply but a sponsor may close your account if you don't. CYA buddy. the sponsor surely will his.
I wonder if Interpol is gonna have any type of hand in this now.
Nope the sponsors won't let you promote them...you're back to square one building your own sites, hosting them on non-us servers, using non-us processors.
What part of 'the sponsors can't check for compliance' and 'the sponsors can't tell if the custodian of records address is fake' don't you understand?
I can sit at my office in Vegas and see that a foreign webmaster is using beastiality on his sites. I can't sit in my office in Vegas and inspect somebody's records on the other side of the world.
I would have to physically travel to the Custodian of Records to inspect the documents.
You can see if their site even bothers to put up a 2257 link. It seems someone who wants to say "fuck you" to American law wouldn't even do that. If they don't even have that you know they don't have the record so you cancell their account.
And as someone has said if Euros are going to be dicks about this just not allow them into your program. Fine by me, less comptetition. Especially if I have to compete at a disadvantage.
THE US GOVERNMENT CANNOT INSPECT THE RECORDS OF FOREIGN WEBMASTERS
The DOJ sending an email asking to inspect physical records on the other side of the world? What are you going on about?
The 2257 regulations regarding what needs to be published on your website (address of the Custodian of Records) have not changed since the old regulations.
you have to be a troll from one of those on this board who actually consider themselves someone...this is old you're repeating the same shit over and over and have not forwarded your argument one iota.
They could block your sites from us servers no problem. Many countries like china already do this and it will put a serious limitation to your business.
That would look good in the worldwide " spreading of freedom "...
Look daddy, the USA is now like Chinas and like Russia was ...
On the other hand, it won't be the first freedom or rights that they trample over ...
I know that Asspimple is stoopid ... As he says, it is a FACT !
But I can't figure out how he can breathe or type , at the same time ....
What part of 'the sponsors can't check for compliance' and 'the sponsors can't tell if the custodian of records address is fake' don't you understand?
Well let's see sponsors already have rules against that people from certain countires can't be affiliates maybe they'll extend that to ALL non-us citizens.
It seems someone who wants to say "fuck you" to American law wouldn't even do that. If they don't even have that you know they don't have the record so you cancell their account.
Again this is easily worked around in all of 5 seconds.
Well let's see sponsors already have rules against that people from certain countires can't be affiliates maybe they'll extend that to ALL non-us citizens.
Then that's a massive shot in the arm for any sponsors willing to accept non-US citizens.
It's like mailing, the more sponsors that crack down on affiliates doing mailings the richer the sponsors that allow mailings become.
No, since 90%+ of foreign webmasters have full indemnity from the 2257 laws.
If you don't comply with 2257 you are FORBIDDEN from trying to sell to Americans. If you continue to do so then you are violating trade law. Now can Interpol get involved with that?
What part of sponsors dn't have to check..they just terminate you do you not understand?
You are talking about all US based sponsors banning foreign webmasters from using their program when there is no precedent for a sponsor being responsible for the content of the affiliate websites promoting their program.
I also haven't seen any wording in the law that would hold sponsors responsible for the websites run by their affiliates.
Free content is a moot point considering any sponsor that would care to ban non-compliant affiliates would be providing documentation with each free content set.
Man, Oh man! You just don't get it. The law may not say that the sponsor is responsible for you not having 2257 info on your foreign website but that doesn't mean that because you don't have it you have not piqued the interest of the DOJ into the sponsor's operation. Even though they are 100% in compliance do you think they want to sit through hour after hour of a DOJ investigation all because your ass was too lazy to fucking compile the info they sent to you so they did not have to go through this?
That would look good in the worldwide " spreading of freedom "...
Look daddy, the USA is now like Chinas and like Russia was ...
On the other hand, it won't be the first freedom or rights that they trample over ...
See..you don't respond to anything you just post your bullshit rhetoric.
Let me ask you again...would you not want to work with your favorite US Sponsors to help them to conform to US law so that way they will continue to be around for you to promote?
If you don't comply with 2257 you are FORBIDDEN from trying to sell to Americans. If you continue to do so then you are violating trade law. Now can Interpol get involved with that?
Indemnity is indemnity, you can't be tried in your own country for violating laws in another country and you can't be extradited unless what you did would be illegal in your own country.l
You are talking about all US based sponsors banning foreign webmasters from using their program when there is no precedent for a sponsor being responsible for the content of the affiliate websites promoting their program.
Please be realistic.
No I did not say that...I said ban those like you who would want to be difficult.
If there are more like you, they may be willing to go that far and ban all non-us affiliates. You may push them to the point they have to decide between staying in business or making sure some guy who wants to be a pain in the ass continues to get a check.
I'd vote for staying in business, how would you if it were your business?
Let me ask you again...would you not want to work with your favorite US Sponsors to help them to conform to US law so that way they will continue to be around for you to promote?
I'm not directfiesta but i'll jump in and respond here.
Even if I don't have 2257 documentation that has no bearing on whether or not my sponsor is compliant with US laws.
Indemnity is indemnity, you can't be tried in your own country for violating laws in another country and you can't be extradited unless what you did would be illegal in your own country.l
If our country had trade agreement with yours and you are violating them you can be prosecuted. What part don't you get yet. If you don't want to comply fine then don't promote to Americans and you'll be fine.
Hmmm pot is legal in Holland so a person in Holland can send pot to the US and NOT get busted because it's legal where he lives? Um nope doesnt work that way.
No I did not say that...I said ban those like you who would want to be difficult.
How am I 'being difficult'?
And how does the sponsor tell who is 'being difficult' and who is a compliant foreign affiliate when the Custodian of Records address can easily be faked?
LOL dude try reading the thread..that is the point I made...but you're always too worked up about trying to be Anti-American it clouds your comprehension.
Sorry to inform you that my comprehension is as clear as pure water ....
And I am not ANTI-AMERICAN!
I AM ANTI-BUSH AND HIS GANG
but you're always too worked up about trying to be Pro-American it clouds your comprehension ...
I know that Asspimple is stoopid ... As he says, it is a FACT !
But I can't figure out how he can breathe or type , at the same time ....
You are talking about all US based sponsors banning foreign webmasters from using their program when there is no precedent for a sponsor being responsible for the content of the affiliate websites promoting their program.
Then how come sponsors have rules against using CP and certain words like lolita in promoting them. If they, as you say, are not responsible why should they care?
...So the owner of Sponsor A who is compelled by law to follow those laws, and does not wish to spend any jail time just becaues a webmaster in BumFuck, Argentina thinks he/she deserves his/her $30pps will now just close said webmasters account.
(2) A secondary producer is any person who produces, assembles,
manufactures, publishes, duplicates, reproduces, or reissues a book,
magazine, periodical, film, videotape, digitally- or computer-
manipulated image, picture, or other matter intended for commercial
distribution that contains a visual depiction of an actual human being
engaged in actual sexually explicit conduct, or who inserts on a
computer site or service a digital image of, or otherwise manages the sexually explicit content of a computer site or service that contains a visual depiction of an actual human being engaged in actual sexually explicit conduct, including any person who enters into a contract, agreement, or conspiracy to do any of the foregoing.
Practically speaking what this means for non-U.S. webmasters is that if you want to continue doing business with sponsors who are in the U.S. you will have to comply with the new regulations if you use that sponsors content. If you don?t the U.S. government may not bother to come after you, but they can come after your sponsor for non-compliance if they supplied you the content.
If our country had trade agreement with yours and you are violating them you can be prosecuted. What part don't you get yet. If you don't want to comply fine then don't promote to Americans and you'll be fine.
Hmmm pot is legal in Holland so a person in Holland can send pot to the US and NOT get busted because it's legal where he lives? Um nope doesnt work that way.
There has been no trade agreements between the US and the rest of the world on record keepings such as 2257.
In Quebec, all physical videos can and must be sold only after they obtain a government classification and have a sticker apposed ...
Are you telling me that Mallcom vidstores comply to this ??/ That when he ships DVD's in Quebec he puts a Quebec sticker on it... Are you telling me that he can go to jail, that we have a law that applies to foreigners ??? Are you telling me that the US producers will cut him off because he doesn't comply ...
Start thinking " out of the box " ....
In the case of child pornography, copyright violation, international agreements have been signed and are enforced by Interpol and local police ...
TO : eroswebmaster Stop be blinded by your misplaced patriotism .... I ansered a post were someone said that the US could do like in China. I tried to show how welll that would go around the world. If the USA does that, the whole world will be laughing
I know that Asspimple is stoopid ... As he says, it is a FACT !
But I can't figure out how he can breathe or type , at the same time ....
If the sponsor is in compliance there will not be jail time but there will be the hassle of hour upon hour of the DOJ being on premise. Do you think a sponsor wants that? That would be a serious interuption to business. Lets say they want to take the computers with them so they can do further inspections. May happen, may not. When it comes down to it I cannot see a US sponsor not wanting all its affilates to be in compliance with 2257. The hassle of even one not being so is not worth it.
"In order to sell in the U.S. market, foreign producers must comply with U.S. laws. This rule applies equally to any sexually explicit material introduced into the stream of commerce in the United States no matter where it was produced. Foreign producers have the option of not complying with the rule, but then their access to the U.S. market is justly and lawfully prohibited."
If the sponsor is in compliance there will not be jail time but there will be the hassle of hour upon hour of the DOJ being on premise. Do you think a sponsor wants that? That would be a serious interuption to business. Lets say they want to take the computers with them so they can do further inspections. May happen, may not. When it comes down to it I cannot see a US sponsor not wanting all its affilates to be in compliance with 2257. The hassle of even one not being so is not worth it.
I see you point, the hassle is too great to even allow any chances for it, it is understandable.
The question is: How can you verify that foreign affiliate is actually in compliance like you wish him to be, even if he says so and has a link reference from his site to your 2257 compliance info? The US Feds cannot verify that without going through the hassle as well. The maximum policy any US sponsor can enforce on a foreign webmasters is to ask such affiliate to have a link from their pages referencing 2257 info on a sponsor's site or not to deal with foreign business at all.
"In order to sell in the U.S. market, foreign producers must comply with U.S. laws. This rule applies equally to any sexually explicit material introduced into the stream of commerce in the United States no matter where it was produced. Foreign producers have the option of not complying with the rule, but then their access to the U.S. market is justly and lawfully prohibited."
yes now re-read these parts people
Foreign producers have the option of not complying with the rule, but then their access to the U.S. market is justly and lawfully prohibited.
Ok so if you don't comply you are PROHIBITED from selling porn to Americans if you do so you are in violation of trade laws. You CAN be arrested for that in your country. Why in the fuck can't some of you see what is CLEARLY in the rules.
Ok so if you don't comply you are PROHIBITED from selling porn to Americans if you do so you are in violation of trade laws. You CAN be arrested for that in your country. Why in the fuck can't some of you see what is CLEARLY in the rules.
My business is situated in Canada.
Please tell me the wording of the Canadian law that I would be breaking that would lead to my arrest.
Please tell me the wording of the Canadian law that I would be breaking that would lead to my arrest.
Trade law. If you don't comply and you still try to sell to American you are violating trade law just as you would be if you failed to lable a food product that you were trying to sell in the US. So fine go ahead don't comply just don't make you site accessable to Americans and you're OK.
The rule is no different from other forms of labeling requirements
imposed on foreign producers of, e.g., alcohol, tobacco, or food items
that are imported into the United States.
If you broke a rule regarding one of those items you can get busted so you can with this. Which part of NO DIFFERENT doesn't quite ring with you yet?
Trade law. If you don't comply and you still try to sell to American you are violating trade law just as you would be if you failed to lable a food product that you were trying to sell in the US. So fine go ahead don't comply just don't make you site accessable to Americans and you're OK.
The rule is no different from other forms of labeling requirements
imposed on foreign producers of, e.g., alcohol, tobacco, or food items
that are imported into the United States.
I asked for the actual wording of the Canadian law.
However don't waste your time googling it or asking your attorney. There is no 'trade law' that I am breaking in Canada by not being 2257 compliant and selling to US surfers.
Foreign producers have the option of not complying with the rule, but then their access to the U.S. market is justly and lawfully prohibited.
Ok so if you don't comply you are PROHIBITED from selling porn to Americans if you do so you are in violation of trade laws. You CAN be arrested for that in your country. Why in the fuck can't some of you see what is CLEARLY in the rules.
Fine. But you always comeback with " trade laws " ... Is this part of NAFTA, WTO agreements, WTA, GATT ????
The only thing they could do to a foreigner is have an arrest warrant issued and if he ever shows up in the states then maybe he could be on trial or sent to Gantanamo as a porn terrorist ....
And you didn't answer my example of Mallcom ????
Last edited by directfiesta; 05-26-2005, 12:48 AM.
I know that Asspimple is stoopid ... As he says, it is a FACT !
But I can't figure out how he can breathe or type , at the same time ....
I love how US webmasters are screaming about how not complying is 'unethical' but had no problems with Visa/CCBill changing their processing rules to require US business entities for foreign websites.
Fine. But you always comeback with " trade laws " ... Is this part of NAFTA, WTO agreements, WTA, GATT ????
The only thing they could do to a foreigner is have an arrest warrant issued and if he ever shows up in the states then maybe he could be on trial or sent to Gantanamo as a porn terrorist ....
And you didn't answer my example of Mallcom ????
There is more ways of punishing than prison. I assume you have assets and bank accounts.
If you are running your own sites fine do whatever you want if you are using American sposnro WHY are you being a hard ass and fucking it up for the rest of us? If you do not wish to comply do not use American sponors. Simple as that. Hell I hate these rules. That's why I will not use content. I don't now anyways. But if I was going to use content I would damned well follow these rules. Oh WTF does it matter anyways, if a sponsor isn't going to make you comply I guess you shouldn't. I guess well have to see what they say.
I love how US webmasters are screaming about how not complying is 'unethical' but had no problems with Visa/CCBill changing their processing rules to require US business entities for foreign websites.
Visa doesn't threaten to send you to club fed for 10 years.
American sposnro WHY are you being a hard ass and fucking it up for the rest of us? If you do not wish to comply do not use American sponors. Simple as that.
I'm still waiting on the wording of that law...
And how am I 'fucking it up for the rest of us'?
A sponsor can't get prosecuted because a foreign affiliate like myself is not 2257 compliant. There are no laws on the books to do this.
And for people that strip referrer's the sponsors have no control of what websites are pushing them because they can't even view the affiliate websites, let alone police them.
Visa doesn't threaten to send you to club fed for 10 years.
Big difference ... And VISA rules, tough difficult, were not out of reach for serious webmasters.
Here is a part of a new article on Xbiz:
On a more somber note, Douglas added, "I don't think anyone in the industry can live with the current regulations. It's a life and death struggle, and if it's not struck down, people will go out of business."
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