Question about EU hosting and legalities...

[Jace]

suppose I wanted to start a site that was illegal to host in the USA...we will say it is scat/shit for now (i don't even know if that is illegal here, just an example)....

if the servers are in Netherlands, but the hosting company is incorporated in the US, does that make any difference than say the servers in netherlands and the hosting company is also incorporated there?

basically, if I was selling shit online, could i get in trouble cause my hosting company was still part of the USA, even though my servers are in Holland?

[arnette]

if you are in the USA you are breaking the law no matter where your server is

[Jace]

Originally Posted by arnette

if you are in the USA you are breaking the law no matter where your server is

that is not what I asked

[justsexxx]

I get the most of the legal advice from a lawyer

[Jace]

Originally Posted by justsexxx

I get the most of the legal advice from a lawyer

yeah, but it is sunday....just asking here now, then him tomorrow

doesn't hurt to get multiple opinions, cause god knows when you hit up more than one lawyer, you get more than one answer

[FightThisPatent]

Originally Posted by JaceXXX

if the servers are in Netherlands, but the hosting company is incorporated in the US, does that make any difference than say the servers in netherlands and the hosting company is also incorporated there?

to be totally in the clear, you need to do these 4 things:

1) incorporate in EU
2) host in EU
3) use EU processor
4) move to EU


Most will try to be clever with 1-3, and still live in the US, but the Patriot Act and working cooperation with Interpol could pierce through your front, unless you get a really good international attorney who knows how to handle these kinds of delicate matters.

And then should you have this questionable material that can be traced back to you as a US citizen, and you decide to re-enter the US, they could nab you there on their watch list.

Any US-based assets could be frozen until you returned to the US to answer to whatever they are looking to charge you with.

Another thing to consider, when you sell in EU, you need to accomodate VAT (approx 17.5% tax.. depending on the country).

So if you are used to selling for $29.95 USD, you have the choice of either tacking on VAT (thus increasing the price), or taking it out of your profits as an EU company.

If you are thinking of going to Asia, keep aware that some countries, pornography is illegal, and you could go to jail.

Going overseas is not a simple nor an inexpensive endeavor. Some people can stomach the risks (ie. cp website operators) of possibly going to jail. It's more of a lifestyle issue of always watching your back than a business decision.



Fight the Lost in Translation!

[Jace]

Originally Posted by FightThisPatent

to be totally in the clear, you need to do these 4 things:

1) incorporate in EU
2) host in EU
3) use EU processor
4) move to EU


Most will try to be clever with 1-3, and still live in the US, but the Patriot Act and working cooperation with Interpol could pierce through your front, unless you get a really good international attorney who knows how to handle these kinds of delicate matters.

And then should you have this questionable material that can be traced back to you as a US citizen, and you decide to re-enter the US, they could nab you there on their watch list.

Any US-based assets could be frozen until you returned to the US to answer to whatever they are looking to charge you with.

Another thing to consider, when you sell in EU, you need to accomodate VAT (approx 17.5% tax.. depending on the country).

So if you are used to selling for $29.95 USD, you have the choice of either tacking on VAT (thus increasing the price), or taking it out of your profits as an EU company.

If you are thinking of going to Asia, keep aware that some countries, pornography is illegal, and you could go to jail.

Going overseas is not a simple nor an inexpensive endeavor. Some people can stomach the risks (ie. cp website operators) of possibly going to jail. It's more of a lifestyle issue of always watching your back than a business decision.



Fight the Lost in Translation!

well, what the storefront is, has nothing to do with pornography whatsoever, but more on the same level as gambling and drug parephernalia, but not either of those, and the ONLY place that it is illegal is in the USA, and some random third world countries

I have been chatting with my lawyer about it, we have it down pretty well so far, but we have a ways to go, and I know this isn't going to be a cheap operation, but the payoff is insane due to lack of supply and huge demand

[FightThisPatent]

Originally Posted by JaceXXX

well, what the storefront is, has nothing to do with pornography whatsoever, but more on the same level as gambling and drug parephernalia, but not either of those, and the ONLY place that it is illegal is in the USA, and some random third world countries

Then the other issue you will be facing is VISA and MC. No matter in US or in EU, you'll have to comply with their regulations, which i believe don't allow for drugs and gambling (but yet, i do get all those #$%#$ emails for buying drugs online).. unless you end up getting creative, like having people purchase a pre-paid VISA card (ie. stored value card) where it may not be apparent what the purchases are for.

VISA is aware of these kinds of situations and does look for this kind of activity.

Again, alot of effort in being "creative" with issues that go beyond just what is "legal" in the US when it comes to accepting payments via CC.

Fight the Spam!

[justsexxx]

WHat about US registrars?

[justsexxx]

Originally Posted by JaceXXX

yeah, but it is sunday....just asking here now, then him tomorrow

doesn't hurt to get multiple opinions, cause god knows when you hit up more than one lawyer, you get more than one answer

TRue. Just saying watch out using the GFY advice as main advice

[Jace]

Originally Posted by FightThisPatent

Then the other issue you will be facing is VISA and MC. No matter in US or in EU, you'll have to comply with their regulations, which i believe don't allow for drugs and gambling (but yet, i do get all those #$%#$ emails for buying drugs online).. unless you end up getting creative, like having people purchase a pre-paid VISA card (ie. stored value card) where it may not be apparent what the purchases are for.

VISA is aware of these kinds of situations and does look for this kind of activity.

Again, alot of effort in being "creative" with issues that go beyond just what is "legal" in the US when it comes to accepting payments via CC.

Fight the Spam!

yeah, we have some hurdles for sure...but there are other shops online that have been in business for years that sell the exact same shit...so, i think we will be able to handle the processing angle

lots of hurdles for sure...

[Jace]

Originally Posted by justsexxx

TRue. Just saying watch out using the GFY advice as main advice

nah, lawyer conference tomorrow and all this week actually