Quote:
Originally posted by zubr
1. That wasnt CP. Although those girls werent 18, if you read the definition of CP clearly, if the girl isnt engaged in sexual contact or showing her genitals - it isnt CP.  I AM NOT IN NO WAY SAYING I WANTED TO HOST IT. NO NO and NO! I'm just saying it was legal.
2. Even that it was a third occasion, they know the situation and they know i run a freehost. so if they get a complaint - they should forward it to me first.
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Zubr -
This is the part that is biting you in the ass.
TITLE 18 > PART I > CHAPTER 110 > Sec. 2256 > (8)
(D) Such visual depiction is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually explicit conduct; and
Your site is presented as a porn hosting company, all the images that are found on your domain are for the viewing pleasure of mature adults in the privacy of their own homes, they are expecting to see porn. So those images would be considered by many law enforcement agencies to be covered on section 8 part D of title 18. It doesn't actually have to show minors engaging in sexually explicit conduct, it simply has to convey the impression. And who on this board want's to go in front of a Judge and fight that one ???
And as for this being the 3rd time they have had to get on you about this, you have heard of the phrase "3rd strike your out ".
Again I would suggest that the freehost industry find a way to prevent these type of people from getting accounts, weather it be a small charge to a cc or checking account, or something like "id verify" which ebay uses to reduce fraud, you are going to either have to learn to control your servers, or loose the privilege to be on the network, which you have found out how easy it is to get booted!
Tim