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-   -   Will moving offshore save you from a 2257 ass-reaming? (https://gfy.com/showthread.php?t=330282)

Project-Shadow 07-23-2004 07:06 PM

How about living off-shore but having a U.S hosting account?

hardcharger69 07-23-2004 08:17 PM

What about an australian company using a XO server farm in nyc?

Can they get fried?

jonesy 07-23-2004 08:29 PM

Quote:

Originally posted by xxxjay
Can anybody say weather moving your servers offshore and setting up a foriegn company being a solution to this problem?

What it would take to comply with this new 2257 is damn near impossible. I think I'd be better offshore.

By having a company set up outside the US with a corp, servers, and bank accounts in aonther country put you outside the Feds jurisdiction?

yea if you do any work on that website from the US your fucked especially if your an agent or title holder in said offshore company.

the IRS is hip to every offshore bullshit and it aint as easy as it seems.

any money that comes into the US is taxable and is subject to federal laws.

one thing i know worked is the offshore credit card. an offshore bank deposits (or offshore company director of the company, which is usually a lawyer) offshore monies into your offshore credit card account. you can use that freely here.

at the same time if you are a US citizen part of/recieving money from a company that breaks US laws. they could come after you - IRS audit - or other federal shit but its very complicated and not worth the effort man.


BOTTOM LINE
you better hire a competent offshore attorney if you wanna play in the big boy leagues.

jonesy 07-23-2004 08:37 PM

Quote:

Originally posted by xxxjay
What it would take to comply with this new 2257 is damn near impossible..
what was changed?

xxxjay 07-24-2004 11:50 AM

Quote:

Originally posted by jonesy
yea if you do any work on that website from the US your fucked especially if your an agent or title holder in said offshore company.

the IRS is hip to every offshore bullshit and it aint as easy as it seems.

any money that comes into the US is taxable and is subject to federal laws.

one thing i know worked is the offshore credit card. an offshore bank deposits (or offshore company director of the company, which is usually a lawyer) offshore monies into your offshore credit card account. you can use that freely here.

at the same time if you are a US citizen part of/recieving money from a company that breaks US laws. they could come after you - IRS audit - or other federal shit but its very complicated and not worth the effort man.


BOTTOM LINE
you better hire a competent offshore attorney if you wanna play in the big boy leagues.

Good info. I think, if nothing else - it would give you a nice layer of protection and make you a less attractive target. The money transfer and the record audit are two totally separate issues. My thoughts is to have an office based in a country where they have no jurisdiction. Not 100% protection, but they will only have so much manpower and it will be easier to move to the next guy on the list and raid his office in the US.

Then combine that with making your websites compliant for all pages after the rule passes (if that is indeed the way it works - I still need a straight answer on this one) and you should have nothing to worry about.

It's more than 85% of people will do.

Any thoughts?

Dpope 07-24-2004 12:10 PM

Off shore will work until your US customer tries to use their credit card and VISA blocks there purchase because you are not working according to US law.

Giorgio_Xo 07-24-2004 12:12 PM

Quote:

Originally posted by Dpope
Off shore will work until your US customer tries to use their credit card and VISA blocks there purchase because you are not working according to US law.
Not true.

xxxdesign-net 07-24-2004 12:15 PM

Quote:

Originally posted by angelsofporn
The thing about moving offshore if you run paysites is that in order to process visa with epoch, ibill, ccbill etc..you have to have a US presence
no.. a EU presence with CCbill EU for exemple will do...

Tipsy 07-24-2004 12:15 PM

Quote:

Originally posted by Dpope
Off shore will work until your US customer tries to use their credit card and VISA blocks there purchase because you are not working according to US law.
? :helpme

Dpope 07-24-2004 12:18 PM

Quote:

Originally posted by angelsofporn
The thing about moving offshore if you run paysites is that in order to process visa with epoch, ibill, ccbill etc..you have to have a US presence
No you don't. I'm in Germany but my host is Webair in the US.

The problem is that US consumers will not be able to pay for membership to a site that is not compliant to US law. VISA, who is just looking for an excuse, will demand that someone, even CCBILL and the rest, control the sites on a regular basis.

This is the very reason why some of those dubious 18 year old teen sites have lost the credit card processing.

I mean, 16 is legal for hardcore in Denmark... but you don't see those sites marketed in the US. And there aren't that many since the big market is the US. So overseas sites comply with 2257 simply to process those credit cards from US citizens.

Dpope 07-24-2004 12:25 PM

Quote:

Originally posted by Giorgio_Xo
Not true.
I was being ironic = sarcasm

More Booze 07-24-2004 01:17 PM

Quote:

Originally posted by Project-Shadow
How about living off-shore but having a U.S hosting account?

Webby 07-24-2004 01:25 PM

Quote:

How about living off-shore but having a U.S hosting account?
Frankly it's a lot simpler to be hosted outside the US. Don't get the idea that "offshore hosting" is a necessity - there are plently hosts in the world and the majority of countries have no problems or care about USC 2257. Common sense prevails on the age thing.

Actually living offshore is the "ultimate" deal and probably the only true "legal" way. Tho, for people with US citzenship - there are plently implications in the background. If ya are not a citizen of the US, Lybia or Saudi, - there are no problems in that all other countries offer "freedom" to their citizens to do what the fuck they like with their lives.

Again.. living offshore and hosting in the US does not make any difference to the legality - ya still got to abide by the laws of the country where your host is based. Tho I'd like to see any US authority try and prosecute an offshore corp for something like a violation of 2257 :-)

HunkyLuke 07-24-2004 05:25 PM

According to http://www.xxxlaw.net on the 2257 table (click whats new then click the table link):
"Producer does not include....A provider of Web-hosting services who does not manage the content of the computer site or service"

So my interpretation is that hosting in the USA is irrelevant, its only where the primary and secondary producers of content live that matters.

Therefore, it only matters where your main business activities are conducted...so if you have a non-US presence + use non-US based processing then you do not have to stress over this even if you are physically hosted in the USA!


cheers,
Luke

Trax 07-25-2004 07:13 AM

worth a bump

lexr 07-25-2004 10:59 AM

So what exactly is so difficult to comply with in these new regs?

BRISK 07-25-2004 11:00 AM

Quote:

Originally posted by lexr
So what exactly is so difficult to comply with in these new regs?
Isn't it obvious?

xxxjay 07-25-2004 11:25 AM

Quote:

Originally posted by chilihost
According to http://www.xxxlaw.net on the 2257 table (click whats new then click the table link):
"Producer does not include....A provider of Web-hosting services who does not manage the content of the computer site or service"

So my interpretation is that hosting in the USA is irrelevant, its only where the primary and secondary producers of content live that matters.

Therefore, it only matters where your main business activities are conducted...so if you have a non-US presence + use non-US based processing then you do not have to stress over this even if you are physically hosted in the USA!


cheers,
Luke

Good point. Many forgiegn companies host inside the US because bandwidth is less expensive.

I own both paysites (which are easy to make compliant) but it's my free sites that are my big problem. I pull 500K a year off my free stuff and the profit margin is like 10x higher than for the pay stuff.

Giving up this income isn't even and option for me.

HunkyLuke 07-25-2004 03:05 PM

Jay, here are my thoughts as a non-lawyer and a non-US citizen:

if all your domain names are registered to a foreign address and all your 2257 statements list the same address as the place that houses your docos, then technically you are complying with the law but it would be impossible for US authorities to verify or audit your complaince since US authorities do not have the right to enforce their regs in a foreign country.

If anyone is a lawyer I would appreciate hearing feedback on this.

thanks
Luke

tony286 07-25-2004 03:11 PM

Quote:

Originally posted by xxxjay
Good point. Many forgiegn companies host inside the US because bandwidth is less expensive.

I own both paysites (which are easy to make compliant) but it's my free sites that are my big problem. I pull 500K a year off my free stuff and the profit margin is like 10x higher than for the pay stuff.

Giving up this income isn't even and option for me.

You make all that money and dont have a lawyer at your beck and call?

Trax 07-25-2004 03:13 PM

Quote:

Originally posted by tony404
You make all that money and dont have a lawyer at your beck and call?
read the thread before making smart comments

tony286 07-25-2004 03:15 PM

Quote:

Originally posted by Trax
read the thread before making smart comments
I am not making smart comments I was amazed lol

RyuLion 07-25-2004 03:16 PM

worth a bump!!

xxxjay 07-25-2004 03:19 PM

Quote:

Originally posted by chilihost

if all your domain names are registered to a foreign address and all your 2257 statements list the same address as the place that houses your docos, then technically you are complying with the law but it would be impossible for US authorities to verify or audit your complaince since US authorities do not have the right to enforce their regs in a foreign country.

That's what I'm saying - seems like the only possible work-around.

MikeHawk 07-25-2004 03:19 PM

Quote:

Originally posted by pornstar2pac
http://premium.uploadit.org/freepic1...1090626352.jpg
I see not one thing wrong with this picture..totaly possible, I wanted to move to Costa Rica anyway, just bought some property there, looks like things might move faster than I wanted...oh wall....darn..will have to work from the beach...and live a great life...doesnt sounds like it will suck.

tony286 07-25-2004 03:20 PM

Quote:

Originally posted by Trax
read the thread before making smart comments
I now read the tread you make that kind of money in adult and just now say oh boy I think I need a lawyer? I am no one compared to him and I have one and a accountant. With his money he could get Cambria.

xxxjay 07-25-2004 03:20 PM

Quote:

Originally posted by tony404
You make all that money and dont have a lawyer at your beck and call?
I have several in ATL - I just moved to Cali.

MikeHawk 07-25-2004 03:22 PM

Quote:

Originally posted by xxxjay
Can anybody say weather moving your servers offshore and setting up a foriegn company being a solution to this problem?

What it would take to comply with this new 2257 is damn near impossible. I think I'd be better offshore.

By having a company set up outside the US with a corp, servers, and bank accounts in aonther country put you outside the Feds jurisdiction?

If nothing else, I think it would make you a less attactive target.

Hey Jay will see you in Florida, lets rap about this then some more for sure. I wanted to know if Costa Rica was far enough out of this US zone of big brother..?

Drinks at the bar .....see you there!

Trax 07-25-2004 03:22 PM

Quote:

Originally posted by tony404
I now read the tread you make that kind of money in adult and just now say oh boy I think I need a lawyer? I am no one compared to him and I have one and a accountant. With his money he could get Cambria.
so you read the thread, eh?
go read it again until you get the part were jay tells about his lawyer talks.

this shit is not about the cost of a lawyer lol

Matt 26z 07-25-2004 03:25 PM

It's only a matter of time before the US Government does with foreign porn sites what they did with foreign gambling sites.

It's illegal to process payments for American's playing at foreign online casino's becasue of the high rate of fraud.

Just wait until they say no more processing foreign porn since 2257 can't be checked as easily as American sites.

tony286 07-25-2004 03:27 PM

Quote:

Originally posted by xxxjay
I have several in ATL - I just moved to Cali.
Well thats your problem there are no lawyers in Atlanta who do adult internet law. I am in Atlanta, I know thats why I drove to Tampa this week to see a adult internet lawyer.

KRL 07-25-2004 03:41 PM

I can see it now . . . .

Pics From Internext 2006 at the South Pole.

http://www.southpolestation.com/triv...ry/pole85a.jpg

Don't worry nobody will be knocking on your igloo doors down there.

:1orglaugh :1orglaugh :1orglaugh

tony286 07-25-2004 04:06 PM

Quote:

Originally posted by KRL
I can see it now . . . .

Pics From Internext 2006 at the South Pole.

http://www.southpolestation.com/triv...ry/pole85a.jpg

Don't worry nobody will be knocking on your igloo doors down there.

:1orglaugh :1orglaugh :1orglaugh

Thats too funny :thumbsup

Diligent 07-25-2004 04:23 PM

Quote:

Originally posted by Matt 26z
It's only a matter of time before the US Government does with foreign porn sites what they did with foreign gambling sites.

It's illegal to process payments for American's playing at foreign online casino's becasue of the high rate of fraud.

Just wait until they say no more processing foreign porn since 2257 can't be checked as easily as American sites.

Damn, what I don't get is why this hasn't happened yet:

All SE's & processors relocate themselves offshore instead of staying onshore.
And why a "transaction proxy"-system hasn't evolved fully yet for ALL online
transactions, a system where you load your "internet payments"-account
in advance by DD, CC, Wire/check/whatever (or let this system auto-bill your CC).
This system should be THE standard for transactions on the net.

If all e-Commerce was built this way,
there would be no issues with CC-rules or fundamentalistic governments.

I dream of that time to arrive... the age of free e-Commerce.

Praguer 07-25-2004 04:54 PM

Quote:

Originally posted by Matt 26z
It's only a matter of time before the US Government does with foreign porn sites what they did with foreign gambling sites.

It's illegal to process payments for American's playing at foreign online casino's becasue of the high rate of fraud.

Just wait until they say no more processing foreign porn since 2257 can't be checked as easily as American sites.

Gambling sites are doing just fine and all based offshore.

xxxjay 07-25-2004 10:49 PM

Quote:

Originally posted by Praguer
Gambling sites are doing just fine and all based offshore.
Ex-mutha-fucking-actly - The porn people need to see how the casino people did it and follow their lead.

pornstar2pac 07-25-2004 10:55 PM

Quote:

Originally posted by xxxjay
Ex-mutha-fucking-actly - The porn people need to see how the casino people did it and follow their lead.

yep, I've been in online gambling industry for 6 years. came to adult last year and I can't believe how disorganized this industry really is:2 cents: :2 cents:

xxxjay 07-25-2004 11:34 PM

Quote:

Originally posted by pornstar2pac
yep, I've been in online gambling industry for 6 years. came to adult last year and I can't believe how disorganized this industry really is:2 cents: :2 cents:
Hey man - can you post what you had to do or mail me [email protected] and elaborate?

I make too much money (as I'm sure your do as well) to throw in the cards because of this shit.

xxxjay 07-25-2004 11:37 PM

Quote:

Originally posted by Just-Anotha-Mack

All SE's & processors relocate themselves offshore instead of staying onshore.

Another interesting proposition...what about the Google image search?

Theoreticly THEY would need 2257 for all of their thumbs.

Marcin978 07-25-2004 11:53 PM

Quote:

Originally posted by xxxjay
Another interesting proposition...what about the Google image search?

Theoreticly THEY would need 2257 for all of their thumbs.


good question


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