AlCapone

http://www.access.gpo.gov/uscode/tit...hapter71_.html

Will someone shine a light on this for me?

Section 1466:
"(a) Whoever is engaged in the business of selling or transferring
obscene matter, who knowingly receives or possesses with intent to
distribute any obscene book, magazine, picture, paper, film, videotape,
or phonograph or other audio recording, which has been shipped or
transported in interstate or foreign commerce, shall be punished by
imprisonment for not more than 5 years or by a fine under this title, or
both.
(b) As used in this section, the term ``engaged in the business''
means that the person who sells or transfers or offers to sell or
transfer obscene matter devotes time, attention, or labor to such
activities, as a regular course of trade or business, with the objective
of earning a profit, although it is not necessary that the person make a
profit or that the selling or transferring or offering to sell or
transfer such material be the person's sole or principal business or
source of income. The offering for sale of or to transfer, at one time,
two or more copies of any obscene publication, or two or more of any
obscene article, or a combined total of five or more such publications
and articles, shall create a rebuttable presumption that the person so
offering them is ``engaged in the business'' as defined in this
subsection."

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From what this sounds like, you cannot bring up an online adult toystore, videostore, or any other related "product" business & ship across state lines, without risking imprisonment.

Does anyone have a real take on what this title suggests?

Thanks

__________________
"You can get more with a kind word and a gun than you can with a kind word alone.”

Harmon

You are right. It's the word OBSCENE that is the gray area

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AlCapone

Some could argue that this would apply to "film" that is prepared for internet distribution as well.

"engaged in the business of selling or transferring obscene matter"
"The offering for sale of or to transfer, at one time, two or more copies of any obscene publication"

__________________
"You can get more with a kind word and a gun than you can with a kind word alone.”

AlCapone

As used in this section, the term ``engaged in the business''
means that the person who sells or transfers or offers to sell or
transfer obscene matter devotes time, attention, or labor to such
activities, as a regular course of trade or business, with the objective
of earning a profit, although it is not necessary that the person make a
profit or that the selling or transferring or offering to sell or
transfer such material be the person's sole or principal business or
source of income.

__________________
"You can get more with a kind word and a gun than you can with a kind word alone.”

nojob

That is very true, some people just open up an adult business with out looking at the whole picture. You need to be smart and adhere to the laws, well if you would like to stay out of the news. Oh yeah... and jail.

AlienQ - BANNED FOR LIFE

What light do you need?

Extreme Assciates proved that ya can basically send what ya want where you want to who wants it.

It don't get any greener.

__________________

AlienQ - BANNED FOR LIFE

PS: Like Rob BLack or Hate Rob Black he paved the beginning road for alot of DVD people and the ingrates can only hate em for it...

What a world.

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Jace

the word obscene needs more definition, and I think there should be a federal obscenity law, not one that is based per community

Webby

Ask any US lawyer. This is a dangerous law and was the subject of a well-known case a few years back where USPS Inspectors, based in several bible belt states, ordered videos from a Calif company.

The DOJ then invoked Rico and prosecuted the supplier in each bible belt state where they had a better chance of conviction based on the variable "obscene".

The end result was all assets belonging to the supplier, (a large warehouse with substantial stock and vehicles blah), and their personal assets were seized and the owners thrown in jail.

I don't think this law has been used for some time now - but sure is on the minds of net attorneys. The last time I spoke with a US net lawyer on this - his opinion was that it is only a matter of time before it is used again.

__________________
XXX TLD's - Another mosquito to swat.

AlienQ - BANNED FOR LIFE

Webby - The same bullet was marked for Rob Black in Extreme Associates case which left all 10 Counts dropped and leaving a bunch of Conservative lawyers standing arounding with there jaws stuck open with the DOJ fatally defeated concerning the right to privacy.

What should have hit em in the head bounced right off and set a precedent on the rights to Privacy.

I am no attorney but from a business stand point I wouldnt worry about shit at this point concerning the distribution of Adult Media.

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Webby

Shit yea!!! Forgot about them!!

It did happen in the end, but good to hear that result!

__________________
XXX TLD's - Another mosquito to swat.