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Old 05-02-2003, 03:05 PM   #51
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However PK, I think it's been brought up in this thread already about the MO of conservatives throughout the history of porn and that is to lock you up in court battles that cost a lot of money.

Are you willing and prepared not only financially, but physically and mentally to fight a battle that COULD happen.

We all live day to day in this biz with the possibility of the gov coming in and giving us a royal fucking, but this law makes it a bit easier.

IMO I think this law will eventually be turned over in the supreme court once a case is brought up there. However how many wm's from rich to those that live paycheck to paycheck will this law leave broke?
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Old 05-02-2003, 03:18 PM   #52
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"(a) Whoever knowingly uses a misleading domain name with the intent to deceive a person into viewing obscenity on the Internet shall be fined under this title or imprisoned not more than 2 years, or both.

"(b) Whoever knowingly uses a misleading domain name with the intent to deceive a minor into viewing material that is harmful to minors on the Internet shall be fined under this title or imprisoned not more than 4 years, or both."


"Intent" is a difficult thing to show, especially for a person who cannot benefit from minors viewing porn.

The defense is, "How could I INTEND to show porn to minors when there is no benefit to me, monetary or otherwise? They don't spend money," I'm not sure what the prosecution's answer to that could be.

Now, of course, there are fuck-ups who intend to do harm or are just reckless. If you set up a page of hardcore porn on a domain like maryhadalittlelamb.com you should be thrown in the slammer for sheer stupidity, if nothing else.
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Old 05-02-2003, 05:17 PM   #53
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I wonder what about content providers?

I've never heard of xxxsexporncontent.com before, and I know some of them allow access to sample images without passwords.

I suppose they're screwed too...

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Old 05-02-2003, 05:32 PM   #54
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Persian Kitty-

You're speaking like a sane, logical person. But let me tell you, you could still be at risk.

The intent of the law is not the scary part. Read the Washington Post article. It says:

"Sen. Patrick Leahy (D-Vt.) has voiced concerns that prosecutors could misinterpret the legislation."

The scary part is that it gives power to fanatics. It doesn't matter whether you think your domain is misleading or not. If it doesn't have pornographic language in it, it's going to be arguable. If you're standing in front of a judge who is conservative and frowns on pornography he may say that the simple fact that you were aware of the law and you kept using the domain is "knowing" or reckless disregard. Your definitions don't matter. Theirs are the ones with the power. It's not the law itself that is scary. It's the fact that people will be able to use this law to administer their prejudices against porn.

Being big or profitable or well-known isn't going to save you if your are targeted. There is a reason why the law is written the way it is. It goes so far as to list the specific words that qualify as pornographic and I ain't seein' Persian Kitty on the list. Maybe in the long run this won't last. Maybe if you're willing to go through the hell it would be to put up a fight and appeal it all the way, you can use your above defense and be the one to get the law changed. But in the meantime you better hope some little girl doesn't want to know some interesting facts about her new persian kitten. Or to be more realistic, what if someone wants to start a site about their persian kitty and oops that domain is already registered, and maybe that's how they run across you. You're in the same boat with everyone else.

If a scenerio can be conceived within the allowances of this law, then in my opinion it is perfectly possible and maybe even likely that it will occurr. It's a threat. That's my point of view.
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Old 05-02-2003, 05:33 PM   #55
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By the way, you think everyone who is posting in this thread has a file at the FBI now?
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Old 05-02-2003, 05:38 PM   #56
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Unseenworld,

How about

"(a) Whoever knowingly uses a misleading domain name with the intent to deceive a person into viewing obscenity on the Internet shall be fined under this title or imprisoned not more than 2 years, or both.

You could profit from that.

Forget kids, it's any person.
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Old 05-02-2003, 05:50 PM   #57
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Whats in a word?

Whats misleading depending on point of view, perspective and expression of what one thinks?

It is important for domains to be established as property I think in the eye of the law MAYBE! But it could be a nightmare.

If Domains were determined as property things could get much worse.
For example?
A domain could be taxed for example as soon as politicians see the opportunity in the taxation of domains as property... I am sure that would give many a webmaster the piss shivers with added symptoms of Syphilus. Sigh.
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Old 05-02-2003, 06:07 PM   #58
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Domains cant be property because you lease them , you dont own them. Stop paying your domain fee its not yours anymore. Its very vague but I can see unless you sending spam that says get free quotes and it goes to a porn site or its macrosoft.com. How can they say you are misleading if you arent attached to anything is that not nonadult? I think also it helps if they do go after you if your home page is a disclaimer with nothing graphic on it. Because to prove you are misleading someone to porn The argument is stronger if they type in the domain and the first thing they see is a girl giving head or a spread open pussy shot. Then you have a problem.
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Old 05-02-2003, 07:17 PM   #59
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If you have a warning page that says what follows, then surely you're not deceiving anyone into viewing obscene material?

The big problem is the lack of clarity. I feel sorry for the first person to best dragged before the court on this issue.
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Old 05-02-2003, 07:43 PM   #60
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"Domains cant be property because you lease them , you dont own them. "
THank god for that

And certainly have to agree with Sacx on the warning page. Its not misleading with info provided on the subjact matter before entering.
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Old 05-02-2003, 07:54 PM   #61
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Quote:
Originally posted by sacX
If you have a warning page that says what follows, then surely you're not deceiving anyone into viewing obscene material?

The big problem is the lack of clarity. I feel sorry for the first person to best dragged before the court on this issue.
That's my line of thinking, as well.
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Old 05-02-2003, 09:46 PM   #62
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IMHO A warning page is not sufficient unless it is the only possible path into your content (i.e. htaccess checks the referer and if the viewer didn't come through the warning page then they get redirected there)

Otherwise, anyone who is deeplinked into your site past the warning page can easily have been misled into your porn.

On the positive side, doesn't this law imply that a warning page is NOT necessary at all, so long as your domain name contains sex or porn or sufficiently descriptive sexual terms in the domain name?
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Old 05-02-2003, 09:51 PM   #63
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uh... my site is not very misleading.

www.povporn.com
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Old 05-02-2003, 10:41 PM   #64
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I am so glad that almost all of my sites have either sex , porn, xxx, fetish or sluts in the title.
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Old 05-02-2003, 10:49 PM   #65
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Quote:
Originally posted by gornyhuy
IMHO A warning page is not sufficient unless it is the only possible path into your content (i.e. htaccess checks the referer and if the viewer didn't come through the warning page then they get redirected there)

Otherwise, anyone who is deeplinked into your site past the warning page can easily have been misled into your porn.

On the positive side, doesn't this law imply that a warning page is NOT necessary at all, so long as your domain name contains sex or porn or sufficiently descriptive sexual terms in the domain name?
Well if someone has deeplinked into your site. Then it surely would be the person who linked that is responsible, because it's them who is responsible for the deception.
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Old 05-02-2003, 10:57 PM   #66
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One thing that kind of annoys me about this law is that it puts all the onus on the webmaster and none on the parents or browsers.

There are probably some decent simple client side solutions that would work well and be more effective, but they've gone for this it's ALL the webmasters problem.
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Old 05-02-2003, 11:15 PM   #67
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I think that, unfortunately, in a business where maintaining legitimacy is so very difficult, it is almost necessary to comply with the legislation, even though it may not be quite "fair" or consistant with the Constitution, which I feel is the case.

If you ask me, it is a bandaid on a more important problem, that of poor parenting. Parents who let their kids run rampant with the internet, do not supervise their use and instill in their kids the proper morals.

Yet another case of treating the symptoms and not the disease.
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Old 05-02-2003, 11:34 PM   #68
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We have to take the fall because the majority of Americans are too LAZY to watch and raise their children right.

This pornographer has a 16 and almost 15 year old teen girls who still watch the Disney channel..
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Old 05-02-2003, 11:37 PM   #69
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Solutions....

Make it a law that parents have filters for their kids. Hell, they have to have car seats for safety...
The government can have a free filter program available...



Visa problem= Credit card companys state that they will not allow charge backs for porn.. Problem solved..


shrugs.....
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Old 05-02-2003, 11:45 PM   #70
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We have to take the fall because the majority of Americans are too LAZY to watch and raise their children right.

Amen!
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Old 05-03-2003, 09:08 AM   #71
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Quote:
Originally posted by gornyhuy
IMHO A warning page is not sufficient unless it is the only possible path into your content (i.e. htaccess checks the referer and if the viewer didn't come through the warning page then they get redirected there)

Otherwise, anyone who is deeplinked into your site past the warning page can easily have been misled into your porn.

On the positive side, doesn't this law imply that a warning page is NOT necessary at all, so long as your domain name contains sex or porn or sufficiently descriptive sexual terms in the domain name?
No actually if you read it also says they want us to voluntarly clean up our front pages (no graphic sex)
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