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-   -   Definitive 2257 answers. (https://gfy.com/showthread.php?t=126106)

StacyCat 04-18-2003 11:26 AM

Dont just try that, I have a valid point!

What if I hosted on two different domains? Would that make a difference?

Im trying to get at, the law doesnt state exactly where the statement has to go on a web page. Im just trying to make it as consistant as possible with the two examples that they have listed. Nothing says it has to be free.

AaronM 04-18-2003 11:28 AM

Quote:

Originally posted by kristydoll
This has been a very interesting read - but I have a question. Does this only apply to "pictures/videos/etc? Is erotic stories included anyway in this law?

kristy

Touchy subject. There have actually been prosecutions over diaries that had written fantasies about children in them.

This is an example of a very grey area that the Government can use to get convictions and establish new precidents from.

AaronM 04-18-2003 11:29 AM

Quote:

Originally posted by Bark
So what's wrong with listing your address in the html? Put a link under Custodian that opens a view of the source code.

Or how about hiding it with background colored text? "Highlight for custodial records"

Where is the description of what constitutes a valid and proper publishing of the address?

75.8

Next!

AaronM 04-18-2003 11:33 AM

Quote:

Originally posted by StacyCat
Dont just try that, I have a valid point!

What if I hosted on two different domains? Would that make a difference?

Im trying to get at, the law doesnt state exactly where the statement has to go on a web page. Im just trying to make it as consistant as possible with the two examples that they have listed. Nothing says it has to be free.

The law specifically says that the info has to be available to the average viewer. We all know that the average viewer of your front page does not become a member.

This proves your other comment wrong where you said "There is nothing that says that the 2257 statement has to be avalible for anyone to read." It clearly does require that.

jact 04-18-2003 11:35 AM

Quote:

Originally posted by AaronM


The law specifically says that the info has to be available to the average viewer. We all know that the average viewer of your front page does not become a member.

This proves your other comment wrong where you said "There is nothing that says that the 2257 statement has to be avalible for anyone to read." It clearly does require that.

When in doubt, go out of your way to make sure this information is clearly visiable. You aren't going to go to jail for having it TOO prominent, but you may for not having it where they want it today. When a law doesn't clearly outline something and leaves it up to law enforcement, I'd sure as hell not take a chance. :2 cents:

(Not directing this at Aaron, he knows where shit stands, some of you need a kick in the head though)

kristydoll 04-18-2003 11:38 AM

Quote:

Originally posted by AaronM


Touchy subject. There have actually been prosecutions over diaries that had written fantasies about children in them.

This is an example of a very grey area that the Government can use to get convictions and establish new precidents from.

I understand that - and I don't publish work with those themes. I just wonder what kind of documentation I need to do when planning to sell as content - because I understand this law affects me even though I am canadian.

kristy

AaronM 04-18-2003 11:46 AM

Quote:

Originally posted by kristydoll


I understand that - and I don't publish work with those themes. I just wonder what kind of documentation I need to do when planning to sell as content - because I understand this law affects me even though I am canadian.

kristy

This question is clearly one for an attorney. If/When you get an answer, please share it with the rest of us.

steffie 04-18-2003 11:47 AM

Quote:

Originally posted by StacyCat
Dont just try that, I have a valid point!

What if I hosted on two different domains? Would that make a difference?

Im trying to get at, the law doesnt state exactly where the statement has to go on a web page. Im just trying to make it as consistant as possible with the two examples that they have listed. Nothing says it has to be free.

Stacy look how we did it. My lawyer said this is sufficient

Go to http://www.steffiecam.com
click on 2257-Webmaster-legal

it will take you to http://www.tapact.com
scroll down and there is a link to our 2257

with all the disclosures, legal information, physical address. etc.

It must be easiely found my the government. Which it is.

andi_germany 04-18-2003 12:40 PM

Simple solution.

- Get a remailing address somewhere
- Host all your shit in Holland or Denmark
- Point the whois database to the remailing address

Noone tracks your site as a US site therefore noone will ever ask you for any records on file. Might not be legal but it definately works.

AaronM 04-18-2003 12:47 PM

Quote:

Originally posted by andi_germany
Simple solution.

- Get a remailing address somewhere
- Host all your shit in Holland or Denmark
- Point the whois database to the remailing address

Noone tracks your site as a US site therefore noone will ever ask you for any records on file. Might not be legal but it definately works.

Another idiot has spoken.

AaronM 04-18-2003 12:48 PM

BTW...

50 BIATCH!

Bark 04-18-2003 01:49 PM

How about hiding it prominently, put it into a 2Gig jpg with 2 foot tall letters.

andi_germany 04-18-2003 01:52 PM

Quote:

Originally posted by AaronM


Another idiot has spoken.


Well then tell me why this would not work? I am actually pretty good in setting up offshore, playing one countries laws against anothers. Just keep the business out of the country you reside. This was put in easy terms, of course its a little more complicated but it works because the Feds will not waste their time on a site that is not hosted nor registered in the US when there are easier fish to fry.
I would say the actual part of protecting yourself is not publishing illegal material on you site. That includes leaving the hardcore for members only. That in addition to outside registering will not get you into any trouble ever.

Mr.Fiction 04-18-2003 01:56 PM

Quote:

Originally posted by kristydoll
This has been a very interesting read - but I have a question. Does this only apply to "pictures/videos/etc? Is erotic stories included anyway in this law?

kristy

No. It does not apply to stories. Stories are fiction so there are no real people involved.

Even stories with underage characters are protected under the constitution on the United States, but that does not mean you should publish them.

The case that Aaron mentioned was a case where a guy took a plea bargain, and he had already been convicted of real crimes relating to children in the past. He was not found guilty of anything related to his writing by a jury.

Many mainstream books, including some that are considered classics, include fictional underage characters involved in sexual activity. The U.S. government does not and cannot restrict what you write about in fictional works. You have to decide what you choose to publish, but there is no way the Supreme Court, even the conservative one in place right now, is going to allow restrictions on fiction. If they do that, you might as well give up on free speech in the U.S. altogether.

AaronM 04-18-2003 02:06 PM

Quote:

Originally posted by Mr.Fiction
The case that Aaron mentioned was a case where a guy took a plea bargain, and he had already been convicted of real crimes relating to children in the past. He was not found guilty of anything related to his writing by a jury.
I have heard of 3 seperate cases. Not referring to one single case.

Either way, you may be right.

Webby 04-18-2003 02:40 PM

andi-germany:

There is something on what you said. 2257 is yet another US law - it has zero relevance to the rest of the world in the instance where you have no hosting or activities in the US.

We have always complied with 2257, but only as a guideline for doing business. I'm afraid any officer of the US DOJ who arrived at our hour office door would be told, nicely at first, to fuck off.

We have no dealings or hosting in the US - this is a deliberate choice - why bother with the US when almost all other countries offer more freedom :-)

kristydoll 04-18-2003 03:16 PM

Quote:

Originally posted by Mr.Fiction


No. It does not apply to stories. Stories are fiction so there are no real people involved.

Even stories with underage characters are protected under the constitution on the United States, but that does not mean you should publish them.

The case that Aaron mentioned was a case where a guy took a plea bargain, and he had already been convicted of real crimes relating to children in the past. He was not found guilty of anything related to his writing by a jury.

Many mainstream books, including some that are considered classics, include fictional underage characters involved in sexual activity. The U.S. government does not and cannot restrict what you write about in fictional works. You have to decide what you choose to publish, but there is no way the Supreme Court, even the conservative one in place right now, is going to allow restrictions on fiction. If they do that, you might as well give up on free speech in the U.S. altogether.

Thanks for that reply. I'm still checking into what (if any) documentation I still may need - but much appreciated.

kristy


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