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How about living off-shore but having a U.S hosting account?
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What about an australian company using a XO server farm in nyc?
Can they get fried? |
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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. |
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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? |
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.
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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. |
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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 :-) |
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 |
worth a bump
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So what exactly is so difficult to comply with in these new regs?
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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. |
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 |
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worth a bump!!
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Drinks at the bar .....see you there! |
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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 |
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. |
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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 |
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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. |
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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: |
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I make too much money (as I'm sure your do as well) to throw in the cards because of this shit. |
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Theoreticly THEY would need 2257 for all of their thumbs. |
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good question |
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