Everyone's been argueing so much about what they do or don't have to do and who's included in what...I think a lot of people, even lawyers, missed something very important about what this law actually does, and a key way it gets law enforcement around the constitution to make prosecutions.
The US has a history of making back-doors to get around things when they can't make prosecutions head-on for what they want. They couldn't outlaw a plant (Marijuana) so they created a tax document requirement, and then refused to issue the tax documents, making posession illegal. They haven't been able to make the successful prosecutions they want against the porn industry, so they've created a backdoor to get in and prosecute the people in the industry for something else, making it easier to shut down more businesses that they can't get because of freedom of speech and expression.
With the new broader definitions in 2257, they give themselves the right to search private homes, whenever they see fit, without a search warrant. Many webmasters run their business from their homes. They can seize or take whatever they want if they see it in the course of their "inspections" even though their stated purpose is to look for these documents. This is something no search warrant would ever allow. A law enforcement agent can only enter a stated place to search for exactly what he says he is looking for, anything else he might find is not admissable in court if it's not noted in the search warrant.
They can come to your home whenever they like, and if they see anything in your home that remotely suggests some kind of crime, they can take it and use it as evidence to prosecute you for another crime.
Have you thought about what might be on your computer? What happens when they come looking through your system for documents and slip into another directory or see a screen with something they think might be obscene? (regardless of whether or not it really is) They can walk out with your entire system and put you out of business.
Had a party with your buddies the night before they showed up? Some dipshit you hang out with left a roach in an ashtray you didn't see? Kids spilled some baby powder on the floor and you didn't clean it...Does that look like cocaine?
It's not the new rules you need to worry about...It's what they can do once they're in your home you should be afraid of.
The US has a history of making back-doors to get around things when they can't make prosecutions head-on for what they want. They couldn't outlaw a plant (Marijuana) so they created a tax document requirement, and then refused to issue the tax documents, making posession illegal. They haven't been able to make the successful prosecutions they want against the porn industry, so they've created a backdoor to get in and prosecute the people in the industry for something else, making it easier to shut down more businesses that they can't get because of freedom of speech and expression.
With the new broader definitions in 2257, they give themselves the right to search private homes, whenever they see fit, without a search warrant. Many webmasters run their business from their homes. They can seize or take whatever they want if they see it in the course of their "inspections" even though their stated purpose is to look for these documents. This is something no search warrant would ever allow. A law enforcement agent can only enter a stated place to search for exactly what he says he is looking for, anything else he might find is not admissable in court if it's not noted in the search warrant.
They can come to your home whenever they like, and if they see anything in your home that remotely suggests some kind of crime, they can take it and use it as evidence to prosecute you for another crime.
Have you thought about what might be on your computer? What happens when they come looking through your system for documents and slip into another directory or see a screen with something they think might be obscene? (regardless of whether or not it really is) They can walk out with your entire system and put you out of business.
Had a party with your buddies the night before they showed up? Some dipshit you hang out with left a roach in an ashtray you didn't see? Kids spilled some baby powder on the floor and you didn't clean it...Does that look like cocaine?
It's not the new rules you need to worry about...It's what they can do once they're in your home you should be afraid of.
I just wanted to make sure I wasn't the only one seeing what this could open up and allow the "inspectors" to do. A lot of people are worried about the work involved, but I hadn't seen anyone talking about the possibility of new dangers. People definitely need to be aware of it.
~TheDoc - ICQ7765825
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