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Old 06-21-2005, 11:51 AM   #51
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Old 06-21-2005, 11:59 AM   #52
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thank you!

i was surprised at the positive responses on this thread. what if there are problems on the phone lines, or law enforcement doesn't want you to make a call? what if for some reason the phone company has knocked your long distance off? that's happened to us twice for no reason. whoops! off to jail!

Quote:
Originally Posted by Lensman
And if no one answers, or the keys don't work, or the files are corrupt, can you say prison? I wouldn't want the feds to knock on my door and all I have are a bunch of files I cannot read.
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Old 06-21-2005, 12:06 PM   #53
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Good analogy and seems to make legal sense to me.
WG
this whole law makes no sense, so I wouldnt expect it from the FEDs. In other words, if they come to your door(US webmasters), they will deal with you like shit, because you do porn, and I doubt they let you get the IDs from somewhere...you need to have them in the office.
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Old 06-21-2005, 12:29 PM   #54
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Yes, it may reduce it. However assholes can just call and say they need the key. And it need to valid for 7 years, even if someone stop promoting.
why would that "asshole" have to be a valid law enforcement agent

1. i hand the records to police officer joe
2. tell him the encryption key to unlock it can be requested from nasty dollars
3. he gets and official request in to get access to the records.
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Old 06-21-2005, 12:36 PM   #55
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*lol*

it's clear some of us here have never dealt with law enforcement outside of getting a traffic ticket.

Quote:
Originally Posted by gideongallery
why would that "asshole" have to be a valid law enforcement agent

1. i hand the records to police officer joe
2. tell him the encryption key to unlock it can be requested from nasty dollars
3. he gets and official request in to get access to the records.
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Old 06-21-2005, 12:48 PM   #56
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No I disagree, there will be no whoops off to jail if your landline phone, your cell phone, your friends cell phone and your internet connection were to all simultaneously fail. Will this communication failure last all day, every day? Because the way the law is written there are guidelines that specify the producer is able to review the violations of the law found by the inspector and be provided with an opportunity to cure such defects.

I have no idea where people keep getting the idea that the feds will arrive prepared to handcuff business people and sentence them to prison without due process. We may be in the adult industry, but we are LEGAL and we pay taxes just like the guys who sell wholesale flowers in the building next to us. If you think that the Feds will come in like storm troopers and stomp all over citizen's due process rights you are mistaken. They do that and we WILL sue them as the law specifically grants us the ability to review the charges against us and provides for the ability to cure violations.

Someone else mentioned cross referenced docs, and yes that is true that going forward from this Thursday on you will be required to have a road map for the feds of what you are publishing, BUT the material that is delivered this week for all of the site's current contents only needs to have names and ids.
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Old 06-21-2005, 12:53 PM   #57
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this whole law makes no sense, so I wouldnt expect it from the FEDs. In other words, if they come to your door(US webmasters), they will deal with you like shit, because you do porn, and I doubt they let you get the IDs from somewhere...you need to have them in the office.
The issue here is that the ids ARE in the office, they are just under security. I would agree that if the system were setup to have the affiliates begin downloading the ids in the event of an inspection, then the system does not comply as the ids are not available at the location of the secondary producer.
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Old 06-21-2005, 12:56 PM   #58
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what if there are problems on the phone lines, or law enforcement doesn't want you to make a call? what if for some reason the phone company has knocked your long distance off? that's happened to us twice for no reason. whoops! off to jail!
What if the police plant cocaine at your office and claim you punched them just so they can arrest you? Why won't Nasty Dollars do something in case that happens too?
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Old 06-21-2005, 01:01 PM   #59
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...
Really Really Good News:

NDFreehost.com - The next generation in free hosting.
How about not worrying about 2257 regs? How about free bandwidth for pic and movie galleries? How about no more uploading one file at a time to a free host? Then this is for you...

Simply make a gallery, zip it up and upload it to our server. Our administrators will verify that the content is ours and the gallery will go live onto our server farm. You will get an email of the location and you are good to go! Check out ndfreehost.com for more info (uploads go live the 22nd)....

This sounds like an excellent Idea. I will definitely chack it out.
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Old 06-21-2005, 01:04 PM   #60
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This is a great idea and those of you who think your going to be tossed to the floor, cuffed and hauled off to prison (over phones down or bad files) need to come back to reality.

The same argument could be said about other problems that could happen. WHAT IF on that day your computer crashes and you can't pull your records as fast as you would like. Or your out to lunch when they come. Your key to the file breaks off. A power outage even... are you going to jail? Of course not.

Though they are authority, they are not going to raid you SWAT style searching for the first mix up to toss your ass in the big house.
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Old 06-21-2005, 01:07 PM   #61
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Originally Posted by Lensman
And if no one answers, or the keys don't work, or the files are corrupt, can you say prison? I wouldn't want the feds to knock on my door and all I have are a bunch of files I cannot read.
amen brother Lens my thinking exactly.also how do you do all the cross referencing if you dont get to see them until they are in your face. Also if you are using thses pics for marketing your urls will be different then theirs.

Last edited by tony299; 06-21-2005 at 01:08 PM..
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Old 06-21-2005, 01:09 PM   #62
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why would that "asshole" have to be a valid law enforcement agent

1. i hand the records to police officer joe
2. tell him the encryption key to unlock it can be requested from nasty dollars
3. he gets and official request in to get access to the records.
I was talking about privacy and that some affiliate could pretend that he was under inspection.

Anyway... what you say is technically the same as just linking/refering to the primary producer.
I have no idea about the legal issues about this, but what I do know is this:
- The police officers come into your office/home and ask you if that the model you have on your site is legal. You answer: "Yes I have the ID, but it is encrypted and I need to call for a key". The officer say; "You don't know if she is legal???"
The officers are inspectors, not investigators....

Last edited by Dirty Dane; 06-21-2005 at 01:10 PM..
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Old 06-21-2005, 01:09 PM   #63
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good posts scoreman

interesting concept
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Old 06-21-2005, 01:19 PM   #64
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I imagine Nastydollars would verify there was an actual investigation which warranted the key, before just giving it out based on the webmaster's word.
Imagine if every sponsor required that. Do you really think the FBI wants to sit around for HOURS while you call up every sponsor and they in turn verify the FBI is actually there?

Pretty much takes the surprise element out of the records check. IMO it's not going to fly.
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Old 06-21-2005, 01:23 PM   #65
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No I disagree, there will be no whoops off to jail if your landline phone, your cell phone, your friends cell phone and your internet connection were to all simultaneously fail. Will this communication failure last all day, every day? Because the way the law is written there are guidelines that specify the producer is able to review the violations of the law found by the inspector and be provided with an opportunity to cure such defects.

I have no idea where people keep getting the idea that the feds will arrive prepared to handcuff business people and sentence them to prison without due process. We may be in the adult industry, but we are LEGAL and we pay taxes just like the guys who sell wholesale flowers in the building next to us. If you think that the Feds will come in like storm troopers and stomp all over citizen's due process rights you are mistaken. They do that and we WILL sue them as the law specifically grants us the ability to review the charges against us and provides for the ability to cure violations.

Someone else mentioned cross referenced docs, and yes that is true that going forward from this Thursday on you will be required to have a road map for the feds of what you are publishing, BUT the material that is delivered this week for all of the site's current contents only needs to have names and ids.

You mean the door of my office wont explode and as the smoke clears the Darth Vader Theme music rises. lol I think people can be arrested , they come in with local cops find roaches in the ashtray. Small children in the house etc etc .People think they are Tony Montana and get mouthy, they come to my office I plan to treat them like honored guests, that attitude got me out of more tickets and legal bullshit then you could imagine. I managed a jack shack , a undercover cop busted a girl for offering a hand job for $200 bucks. When they came in there were 5 of them, I acted like it was a social call. I introduced myself and shook all their hands, was very respectful. When the rookie of the bunch asked if I was getting arrested for pandering being the manager. They said leave him alone , how could of he know . Even though I was sitting in front of a bank of security monitors. Politness and respect goes further then you think.
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Old 06-21-2005, 01:25 PM   #66
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You mean the door of my office wont explode and as the smoke clears the Darth Vader Theme music rises. lol I think people can be arrested , they come in with local cops find roaches in the ashtray. Small children in the house etc etc .People think they are Tony Montana and get mouthy, they come to my office I plan to treat them like honored guests, that attitude got me out of more tickets and legal bullshit then you could imagine. I managed a jack shack , a undercover cop busted a girl for offering a hand job for $200 bucks. When they came in there were 5 of them, I acted like it was a social call. I introduced myself and shook all their hands, was very respectful. When the rookie of the bunch asked if I was getting arrested for pandering being the manager. They said leave him alone , how could of he know . Even though I was sitting in front of a bank of security monitors. Politness and respect goes further then you think.
i don't think local authorities can be a part of any of this. this is strictly a federal thing. but i'm pessimistic as well about how the 'inspections' will go.
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Old 06-21-2005, 01:27 PM   #67
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sounds good. Hope it works good
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Old 06-21-2005, 01:28 PM   #68
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scoreman - we get that idea from people like mike jones. you probably read about him. the police came and talked to him very nicely, and he invited them to come back anytime they had questions.

instead they showed up with a pediatrician (hoping she would claim the i.d.s were of younger people than the dates said, but she didn't) and took every computer and record he had. the harrassed his daughter, trying to make her say her parents sexually molested her. they took his livelihood.

when EVERY i.d. was thoroughly checked, and the models were indeed over 18, they continued with the cp charges anyway. in fact, when his case was resolved after FIVE YEARS, the state is considering appealing.

five years, and the best trial lawyers in our business. and he was lucky. after spending hundreds of thousands of dollars, destroying his kids teen years, taking away his business, and putting god knows what pressure on his marriage, at least he's not doing jail time for something he didn't do.

some of the older porn companies can tell you stories about raids and jail. porn is not considered legal, even if it is. and frankly, if the new regs are not stopped, most of us won't actually be legal unless we can hand over all those i.d.s and show they are cross referenced according to law.

Quote:
Originally Posted by scoreman
The issue here is that the ids ARE in the office, they are just under security. I would agree that if the system were setup to have the affiliates begin downloading the ids in the event of an inspection, then the system does not comply as the ids are not available at the location of the secondary producer.
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Old 06-21-2005, 01:29 PM   #69
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i don't think local authorities can be a part of any of this. this is strictly a federal thing. but i'm pessimistic as well about how the 'inspections' will go.
There is something in there they can have local police there also
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Old 06-21-2005, 01:39 PM   #70
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Good posts David, at least someone is being logical here. But what would I expect from you!

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Old 06-21-2005, 01:45 PM   #71
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seems to be a good solution, good job!
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Old 06-21-2005, 01:51 PM   #72
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*lol*

it's clear some of us here have never dealt with law enforcement outside of getting a traffic ticket.
let me guess your not a visiable minority are you.


I have actually been question by the police when former employee accused me of stealing a hard drive from a machine that was bought with no hard drive at all because the officer decided it wasn't necessary to get any proof of ownership before he came to my house
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Old 06-21-2005, 02:07 PM   #73
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Sounds like a great idea.
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Old 06-21-2005, 02:13 PM   #74
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The thing I love about ND, they come on here make one statement, never answer to anyone's claims, stay low key with 35 posts on GFY, shows, etc and still continue to rock down the joins. You don't see too many companies with the amount of content they have ...

Oh yeah, and they are my largest client.
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Old 06-21-2005, 02:36 PM   #75
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The thing I love about ND, they come on here make one statement, never answer to anyone's claims, stay low key with 35 posts on GFY, shows
And they dont have even sig



ND rules thought I am not sure if the solution is legal.
Eveything can happend and you wont be able to open those IDs.
Looks like the law made the way you wont handle it anyway...
I would stick with free hosting and FHGs. Than you are free of any charges or chances to be charged!
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Old 06-21-2005, 02:39 PM   #76
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The big issue I see with this format is that in order for you to be compliant you need to have the records ALREADY IN YOUR DATABASE AND CROSSREFERENCED. For those of us without 20,000 IDs, (or even those with), I don't envision inspectors standing around and waiting while you add however many records to your database before they inspect you. "Hang on, man, I'm ALMOST compliant, just stand around holding your dick while I pound keys for a while..." I don't see this being a feasible scenario, but maybe that's because I've dealt with the feds before and I know their mentality. Don't plan on getting cut any slack.
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Old 06-21-2005, 02:45 PM   #77
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i don't think local authorities can be a part of any of this. this is strictly a federal thing.
The feds will bring local law enforcement with them. They almost always do.
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Old 06-21-2005, 02:53 PM   #78
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No I disagree, there will be no whoops off to jail if your landline phone, your cell phone, your friends cell phone and your internet connection were to all simultaneously fail. Will this communication failure last all day, every day? Because the way the law is written there are guidelines that specify the producer is able to review the violations of the law found by the inspector and be provided with an opportunity to cure such defects.
"At the conclusion of an inspection, the investigator may informally advise the producer of any apparent violations disclosed by the inspection. The producer may bring to the attention of the investigator any pertinent information regarding the records inspected or any other relevant matter".

For those who didn't grow up in a house with a lawyer:

---"the investigator MAY informally advise...." They don't have to, aren't required to, and will probably not bother to bring anything to your attention. The word "may" essentially means "if they feel like it."

---"The producer may bring to the attention of the investigator any pertinent information regarding the records inspected or any other relevant matter." It says nothing here about having an opportunity to correct anything. You can tell them anything you want, and they have to stand there and listen if you feel like talking, but none of this offers an opportunity to correct. In fact, it's quite reckless to even suggest that this passage has that meaning. Oh, by the way, anything you say to them can be used against you. A simple "I can fix that" on your part is an admission that you were not compliant and in itself can land you in jail.
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Old 06-21-2005, 02:58 PM   #79
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scoreman - we get that idea from people like mike jones. you probably read about him. the police came and talked to him very nicely, and he invited them to come back anytime they had questions.

instead they showed up with a pediatrician (hoping she would claim the i.d.s were of younger people than the dates said, but she didn't) and took every computer and record he had. the harrassed his daughter, trying to make her say her parents sexually molested her. they took his livelihood.

when EVERY i.d. was thoroughly checked, and the models were indeed over 18, they continued with the cp charges anyway. in fact, when his case was resolved after FIVE YEARS, the state is considering appealing.

five years, and the best trial lawyers in our business. and he was lucky. after spending hundreds of thousands of dollars, destroying his kids teen years, taking away his business, and putting god knows what pressure on his marriage, at least he's not doing jail time for something he didn't do.

some of the older porn companies can tell you stories about raids and jail. porn is not considered legal, even if it is. and frankly, if the new regs are not stopped, most of us won't actually be legal unless we can hand over all those i.d.s and show they are cross referenced according to law.
I know about this, and if this is how they are going to work with 2257 inspections then there is NOTHING we can do anyway.
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Old 06-21-2005, 03:16 PM   #80
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this is some awesome fucking shit

FUCK BUSH
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Old 06-21-2005, 03:43 PM   #81
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This is a great idea and those of you who think your going to be tossed to the floor, cuffed and hauled off to prison (over phones down or bad files) need to come back to reality.

The same argument could be said about other problems that could happen. WHAT IF on that day your computer crashes and you can't pull your records as fast as you would like. Or your out to lunch when they come. Your key to the file breaks off. A power outage even... are you going to jail? Of course not.

Though they are authority, they are not going to raid you SWAT style searching for the first mix up to toss your ass in the big house.
Our lawyer says they will not even cuff you on the spot unless they find drugs or something. Thye will go back to the station or whatever and will draw up charges.

In the meantime, you will have 48 hours to flee the country.

He also tells us that 2257 is bullshit and it will never some down to this. Wait and see on Thursday.
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Old 06-21-2005, 04:54 PM   #82
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In the meantime, you will have 48 hours to flee the country.
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Old 06-21-2005, 06:58 PM   #83
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Probably ND will stay in biz, but what about smaller programs? Will they provide all keys if they stop or be instant available 4 years later? ; if you post a gallery in 2006, the program stops in 2008... according to the law, the feds can visit you, lets say in 2009 and request ID verification for something you posted 3 years ago.
I can't believe nobody's picked up on this excellent point.

This encrypted docs solution is a very short term solution. There's no guarantee, however improbable, that Nasty Dollars will be around in 3 or 4 years to answer the phone and give you the password for a file for a gallery you'd forgotten you even made.

Much can change in 3 or 4 years in this industry, I wouldn't want my fate in the hands of a sponsor no matter how big they are right now.
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Old 06-21-2005, 07:44 PM   #84
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Originally Posted by Steve_NCH
I can't believe nobody's picked up on this excellent point.

This encrypted docs solution is a very short term solution. There's no guarantee, however improbable, that Nasty Dollars will be around in 3 or 4 years to answer the phone and give you the password for a file for a gallery you'd forgotten you even made.

Much can change in 3 or 4 years in this industry, I wouldn't want my fate in the hands of a sponsor no matter how big they are right now.
If you had said the same thing in 1997, you would of been proven wrong last year.. I'am not worried, also if they are gone, what are you doing still promoting them? Delete the content off your servers.
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Old 06-21-2005, 07:50 PM   #85
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Quote:
Originally Posted by Pipecrew
If you had said the same thing in 1997, you would of been proven wrong last year.. I'am not worried, also if they are gone, what are you doing still promoting them? Delete the content off your servers.
because secondary producers are on the hook for at least 5 years after they publish the image. deleting it won't change the fact that it was published. if ND goes under in 3 years (big companies go under all the time for various reasons), affiliates who have pushing them are completely fucked (if they don't have the key to unlock the content).
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Old 06-21-2005, 07:50 PM   #86
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there is no way your lawyer could know this, since most of the new regs are, well, new. also in the past, there have been no inspections - so if there ARE inspections now, no one here has gone through them.

considering how careful lawyers are, i can't imagine one making such a statement.

Quote:
Originally Posted by xxxjay
Our lawyer says they will not even cuff you on the spot unless they find drugs or something. Thye will go back to the station or whatever and will draw up charges.

In the meantime, you will have 48 hours to flee the country.

He also tells us that 2257 is bullshit and it will never some down to this. Wait and see on Thursday.
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Old 06-21-2005, 08:01 PM   #87
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i have been through some weird stuff with law enforcement, and i am a woman, which has led to problems of its own. i was commenting on everyone else in this thread, who sound like middle-class white guys.

my experiences with law enforcement lead me to NOT seek more of it.

Quote:
Originally Posted by gideongallery
let me guess your not a visiable minority are you.


I have actually been question by the police when former employee accused me of stealing a hard drive from a machine that was bought with no hard drive at all because the officer decided it wasn't necessary to get any proof of ownership before he came to my house
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Old 06-21-2005, 08:07 PM   #88
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Quote:
Originally Posted by basschick

considering how careful lawyers are, i can't imagine one making such a statement.
One that know how over the top and unconstitutional the laws are will know. Read up a little yourself or try and consult a lawyer that you trust and is not just trying to scare you into more billable hours.
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Old 06-21-2005, 08:48 PM   #89
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Frankly I think the way that ND is choosing to handle the situation, coupled with scoremans comments, is dead on with what I think.

I know people who've been prosecuted by the evil Republicans in the White House the last time around. While it's not pretty, I don't seem to recall a single one of them saying they were hauled off in handcuffs at their office when they were given notice of their infractions.

Once again, Chicken Little's in the house it seems.
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