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Old 05-27-2005, 04:45 PM   #1
UniqueMovies
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Canadian citizen hosted in Canada effected by 2257?

I was sure I am not effected by this but then a friend of mine sent me this!

"In order to sell in the U.S. market, foreign producers must comply with U.S. laws. This rule applies equally to any sexually explicit material introduced into the stream of commerce in the United States no matter where it was produced."
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Old 05-27-2005, 04:47 PM   #2
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Candians who host in canada are only effected if they own a text tgp
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Old 05-27-2005, 04:48 PM   #3
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Quote:
Originally Posted by Evil1
Candians who host in canada are only effected if they own a text tgp
You mean a thumb mgp right?
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Old 05-27-2005, 04:53 PM   #4
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Who knows ...

But just make sure that the actual server is IN Canada, not a Canadian company hosting you on a US server.

Do an ip location search.
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Old 05-27-2005, 04:57 PM   #5
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Quote:
Originally Posted by UniqueMovies
"In order to sell in the U.S. market, foreign producers must comply with U.S. laws. This rule applies equally to any sexually explicit material introduced into the stream of commerce in the United States no matter where it was produced."
Do american webmasters need to comply with the rules in Norway, because they do two sales a month to Norwegian surfers?
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Old 05-27-2005, 04:58 PM   #6
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Quote:
Originally Posted by directfiesta
Who knows ...

But just make sure that the actual server is IN Canada, not a Canadian company hosting you on a US server.

Do an ip location search.
True that.
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Old 05-27-2005, 05:00 PM   #7
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How would the US gov't stop an american from signing up to a foreign national who hosts in a foreign country's website?
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Old 05-27-2005, 05:00 PM   #8
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So as long as the server is located in Canada im fine?
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Old 05-27-2005, 05:02 PM   #9
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Quote:
Originally Posted by UniqueMovies
"In order to sell in the U.S. market, foreign producers must comply with U.S. laws. This rule applies equally to any sexually explicit material introduced into the stream of commerce in the United States no matter where it was produced."
I would like to see these jurisdictional assumptions tested legally.

Some webmasters may argue that their surfers come to their country to 'shop'. I don't broadcast anything to the US. Surfers come to me in my country and if they like, we do some business, then they go back home.

If you buy a TV in Canada while you are up here and I send you a thank-you note with a copy of your invoice by mail later, you were shopping in Canada - I was NOT selling in the US.

If the 'stream of commerce' idealogy is valid, we have instant legal gridlock - because, with the same logic, US lawmakers are forcing Canadians to break Canadian laws (by passing ID info - this is a Canadian criminal offence).

This is going to be interesting to see unfold in the courts.

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Old 05-27-2005, 05:05 PM   #10
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Quote:
Originally Posted by UniqueMovies
So as long as the server is located in Canada im fine?
No the US is going to send "Peace Keepers" to "Liberate" you
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Old 05-27-2005, 05:14 PM   #11
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After reading many 2257 threads I was under the impression only american citizens were effected by american laws and that a Forign webmasters not hosted in the US were not effected.
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Old 05-27-2005, 05:17 PM   #12
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Quote:
Originally Posted by UniqueMovies
After reading many 2257 threads I was under the impression only american citizens were effected by american laws and that a Forign webmasters not hosted in the US were not effected.
Correct, unless you wish to do business with americans.
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Old 05-27-2005, 05:18 PM   #13
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What people don't seem to be realizing, Canadians especially, is that you don't HAVE to be directly prosecutable under the regulations for the DOJ to fuck with you. If you promote US sponsors, have your own US billing, have a US shell company, anything like that, they can still find a way to either cut you off or make you feel a loss.
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Old 05-27-2005, 05:20 PM   #14
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Originally Posted by dcortez
If the 'stream of commerce' idealogy is valid, we have instant legal gridlock - because, with the same logic, US lawmakers are forcing Canadians to break Canadian laws (by passing ID info - this is a Canadian criminal offence).



-Dino
It's only an offence if you don't have the proper legalities covered with releases. Although it's not 100%, there are ways to deal with it.
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Old 05-27-2005, 05:20 PM   #15
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Seems to me it affects you if you sell DVD, etc.. to the US.. Like someone else say... US surfers come to me.. Im NOT doing business IN the US ... When a 18yo american comes to Canada.. they can buy beer... US laws dont apply...

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Old 05-27-2005, 06:28 PM   #16
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Quote:
Originally Posted by LadyMischief
It's only an offence if you don't have the proper legalities covered with releases. Although it's not 100%, there are ways to deal with it.
Sure, if the model agrees (in writing) to allow her ID to be passed along to anyone.

At this point the 'sanitization' issue (blanking out the items stalkers may use) is still a grey area. If sanitization is not going to cover the requirements, then a model would be wreckless to approve of her ID being passed around to any porn operator (or someone that claims to be).

Yes, there are numerous back and side doors for the US to pick on countries who don't legislate morality as much (visa vi CC processors, etc). These are the ones that may ultimately bite (as with the Visa reg issues of the past).

Again, corporate policy is used to acheive what would otherwise be constitutionally unlawful.

As many have indicated, I agree that these measures will do very little to achieve the claims (protecting kids) the 'legislators' are making. It disturbs me to see so many webmasters already discussing this issue in terms of 'if you don't support this latest 2257 update' you are part of the CP problem - which could not be further from the truth in so many cases.

Do we really need to preface each of our objections to these new rules with 'we want to do eveything reasonably possible to kick cp in the butt' for our comments to not be considered 'pro-ped'?
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Old 05-27-2005, 08:03 PM   #17
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is canada even seperate from the us? I thought it was a retirement comunity for american anti war protestors.
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Old 05-27-2005, 08:42 PM   #18
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While we're at it, here is another situation;
Dutch citizen residing in Canada; his domain, website and server are Dutch registered/owned/located. type of website: free amateur posting site with 50% of his submitters/visitors coming from the US. Uses both european and us based sponsors on the website.
Will he be affected by 2257 ? and if so, how exactly?
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