2257 Question

[Nu b]

Hi All

What about this Senario ???

Our Website An Amateur Submitted Pic Site in the UK , IS HOSTED IN THE us , but the site is registered in the UK and I reside in the UK

Will I be under threat as my servers are hosted in the Us ??


Any advise would be appreciated


T

[Steen2]

Originally posted by Nu b
Hi All

What about this Senario ???

Our Website An Amateur Submitted Pic Site in the UK , IS HOSTED IN THE us , but the site is registered in the UK and I reside in the UK

Will I be under threat as my servers are hosted in the Us ??


Any advise would be appreciated


T

YES ! SEE SIG@!!!!

[Nu b]

Tkx

[FightThisPatent]

Originally posted by Nu b
Our Website An Amateur Submitted Pic Site in the UK , IS HOSTED IN THE us , but the site is registered in the UK and I reside in the UK

Will I be under threat as my servers are hosted in the Us ??

yes, if those images are "sexually explicit" and also for another reason... surfer submitted images won't have 2257 statements and you may have underage (CP) images being shown.

So if your site falls onto the radar screen of the DOJ (by them doing keywords searches in google of words denoting young teens, etc) and they see that you don't have 2257 statements, and that you have some questionable images that could be CP, then you do have problems.

Since you are in the UK, they will most likely shutdown your server. If you use a US-based CC processor, they could have your account frozen. Being in the UK, they could work with Interpol to investigate you for CP.

Dating sites have similar issues, and for those that accept surfer submitted images, most have a screening process to validate the images prior to posting.


-brandon

[DWB]

If he produced his own content, lived and ran the site in the UK but the site was hosted in the USA... Would he still have to deal with all the new 2257 regs?

[Nu b]

Thanks brandon

I appreciate the response


Regards

T

[FightThisPatent]

Originally posted by DirtyWhiteBoy
If he produced his own content, lived and ran the site in the UK but the site was hosted in the USA... Would he still have to deal with all the new 2257 regs?

If you produce your own content, or hire someone to produce exclusive content for you, you are by definition, a primary record keeper, therefore you would have to have alot more information than just the model ID than the webmaster (secondary record keeper) is proposed to have.

Having the server in the US means that you are under US jurisdiction... so you can chose to ignore DOJ inquiries due to being outside the US, but they can shutdown the server.

-brandon

[Paul Markham]

What Brandon said except they do not need to go to Interpol. A phone call to Scotland Yard will do it for them.

You are exactly the type of person this new act will target, you're just an easy target. They will know you have little chance of having paperwork, your business model is going to make the case a slam dunk for them.

You publish porn pictures not knowing the age of the models, you run the risk.

[DWB]

Originally posted by FightThisPatent
If you produce your own content, or hire someone to produce exclusive content for you, you are by definition, a primary record keeper, therefore you would have to have alot more information than just the model ID than the webmaster (secondary record keeper) is proposed to have.

Having the server in the US means that you are under US jurisdiction... so you can chose to ignore DOJ inquiries due to being outside the US, but they can shutdown the server.

-brandon

Hmmm. So him having the content on the US server alone locks him in to follow the US 2257 regs. So the only way around that would be to have his server out of the US correct?

Just curious how that works for someone over seas like that.

[Paul Markham]

Originally posted by DirtyWhiteBoy
Hmmm. So him having the content on the US server alone locks him in to follow the US 2257 regs. So the only way around that would be to have his server out of the US correct?

Just curious how that works for someone over seas like that.

All he has to do is have a 2257 statement on his site if he's not a US citizen and not residing in the US.

The US DOJ will need a local court order to inspect his records, but I wopuld advise him to get them. Especially with his business model.