Quote:
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Originally Posted by GatorB
Here you go
Two commenters commented that the implicit requirement that records be kept at a place of business is unreasonable and argued that the regulation should permit third-party custody of records. The Department declines to adopt this comment. Permitting a third party to possess the records would unnecessarily complicate the compliance and inspection processes by removing the records from the physical location where they were initially collected, sorted, indexed, and compiled.
For example, producers could provide false names and addresses to the third party as a means to avoid scrutiny by law enforcement. Historically, producers have used front corporations in order to evade both law enforcement and tax authorities. Permitting third-party custodianship would exacerbate this problem. Custodians could, for example, disclaim any responsibility for the condition or completeness of the records or be unable to provide additional information regarding the status of the records. Permitting such third-party custodians in the final rule would thus require additional regulations to ensure that the third-party custodian could guarantee the accuracy of the records, would act as a legally liable agent of the producer, and would raise other administrative issues as well.
Keep trying to be cutesy with these rules and see what happens to you.
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Gator,
I like you. I really do. But that says nothing about having 2 offices. It is about using a 3rd party to hold your records and that is NOT what I am talking about. No where in this thread do I say anything about a 3rd party.
You guys are missing logic on this one. It's not that difficult and it is not breaking the law.
Example: Gator owns XXX company. Gator is a larger company and can afford to set up another office in another location. For arguments sake, this office is in Brazil. In this office Gators company employs full time a custodian of records. he may even employ another webmaster to submit galleries for him full time. maybe, maybe not. It is up to him and how large an office he would like to have. Or maybe he will just hire a guy, or maybe use the same man who is the custodian of records to also answer his customer service e-mails. Again, this is Gators office, he can hire as much staff as he would like.
This office is open during normal business hours as requested by the DOJ. All 2257 records are kept at this office and it states that on every site, DVD or any other media form produced by Gators company.
This is not a 3rd party solution. These are employees who work for Gator and just happen to be located in another country.
< end example >
Please explain to me like I'm 3 years old how that is in violation of anything? It's not. I will say it one last time, it can't be a 3rd party because he is your employee. You are allowed to have as many employees as you can afford, from almost any country you want, anytime you want, in what ever business you want. Why do you think all these US companies are moving their data centers OUT of the USA? Because they are allowed to do this and it saves them money.
And to answer your "keep being cute and see what happens" remark. I am a paid member of the FSC. I will not be inspected until this is sorted out just like the rest of the FSC members. At that time, IF that time comes I will no longer live, host, bank or process in the USA. I would like to see what happens to me very much because I can assure you it will be nothing. The USA does not have international jurisdiction to enforce this law across the world. Though US law applies to all US citizens regardless, that is fine because until they actually inspect me and until they can actually find a violation, I will not be in violation of anything.
All of us first have to be inspected before we are in violation of the regs. Just working out of the country does not mean your automatically in violation of the law.
This really is not as difficult as you all make it out. No games, no cute anything. If they want my records, they will have to make a little extra effort to get them, that's all. NOTHING and I repeat NOTHING is going to happen because there are no laws broken. I am in full compliance and will continue to be no matter where I live.