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There are a lot of "I'm outside the US so I'm okay" comments...
If you sell to US customers you become subject to US law. And it happens that Canada and several European countries have reciprocal arrangements with the US to help with cross-border prosecutions. I'm not suggesting that the risk of such prosecutions is high: I'm just trying to set the record straight and cut down on some of the misinformation this topic is generating.
And when people talk about what this court or that may one day uphold, they are forgetting that the majority don't have the resources to go that route. If the DOJ decide to go after easy targets - and they will surely go after someone because Congress won't accept the excuse a second time that the laws weren't adequate - it could be a long time before the niceties of the law are put to a serious test.
Until those issues are resolved, even if the odds of any one of us being prosecuted are tiny, those who are prosecuted face some serious expense at best and imprisonment at worst.
That is why my main concern is the unwillingness of many content producers to release uncensored model details. I understand all the reasons for this, and they may even be right that if someone (with sufficient resources) runs with this issue, such records may eventually be considered adequate. But how many webmasters can afford the risk that they will be one of the test cases?
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