2257/Adam Walsh legal question - GoFuckYourself.com

baycouples · 06-28-2007, 05:38 PM

I run an adult dating service and the 2257 along with the Adam Walsh act have always been worrying me. I know that both of those laws claim that whether you're a primary or secondary producer - you must have IDs of all people that are on the picture. However, according to Section 230(c)(1) of the Communications Decency Act:

"No provider or user of an interactive computer service shall be held liable on account of any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected."

So, does that mean that any site that has members posting on there does not fall under the rules of 2257 and the Adam Walsh act? And if so - why did AFF just commit to about $10K of donations to FSC to fight the 2257?

GatorB · 06-28-2007, 05:42 PM

My best advice is to get lawayer that is knowledgable in this area.

After Shock Media · 06-28-2007, 09:20 PM

Quote:

Originally Posted by GatorB

My best advice is to get lawayer that is knowledgable in this area.

I know this is always the common answer.

However there are really no attornies with any 2257 cases past or current under their belts. Zero has been tested or even interpreted in any court room to date since 2257 was first inacted.

There are however several attornies who have covered free speach issues, however these are not 2257 cases.

tony286 · 06-28-2007, 09:44 PM

I think a lawyer is better than GFY but until it goes to court its all theories.

After Shock Media · 06-28-2007, 09:46 PM

Quote:

Originally Posted by tony404

I think a lawyer is better than GFY but until it goes to court its all theories.

You are correct there. Just people blindly suggesting only those few adult internet attornies is semi pointless.

baycouples · 06-28-2007, 10:59 PM

I have hired an attorney and got an advice. However because there are no attorneys with the REAL experience in this ( as it is correctly mentioned above ) - I wanted to see what other advices people have gotten from their attorneys.

GatorB · 06-28-2007, 11:05 PM

Quote:

Originally Posted by baycouples

I have hired an attorney and got an advice. However because there are no attorneys with the REAL experience in this ( as it is correctly mentioned above ) - I wanted to see what other advices people have gotten from their attorneys.

And the posters here have MORE experience with this than your lawyers? Fact is your going to get several different opinions here and how to interpret the law. At least 95% of which is going to be wrong. Now how is that going to help you?

EasterBunny · 06-28-2007, 11:30 PM

Quote:

Originally Posted by GatorB

And the posters here have MORE experience with this than your lawyers? Fact is your going to get several different opinions here and how to interpret the law. At least 95% of which is going to be wrong. Now how is that going to help you?

Posters have different experiences then his lawyer.

AK · 06-29-2007, 08:24 AM

why not ask other dating program owners directly. i can give Allan's info if you want.

baycouples · 07-01-2007, 12:07 PM

The reason I'm asking here is because I'm sure everyone had different experience with their attorney on this issue. I have already consulted with 3 attorneys. I still want to know more.

baddog · 07-01-2007, 12:17 PM

Quote:

Originally Posted by baycouples

The reason I'm asking here is because I'm sure everyone had different experience with their attorney on this issue. I have already consulted with 3 attorneys. I still want to know more.

I was just going to say if you ask 10 different attorneys you will get 10 different answers.

Take your three attorneys and combine what they have in common as far as advice goes, then throw in a little "gut feelings." Mix well with a sprinkle of common sense.

06-28-2007, 05:38 PM	#1
baycouples Confirmed User Join Date: Mar 2004 Location: San Jose, CA Posts: 1,341	2257/Adam Walsh legal question I run an adult dating service and the 2257 along with the Adam Walsh act have always been worrying me. I know that both of those laws claim that whether you're a primary or secondary producer - you must have IDs of all people that are on the picture. However, according to Section 230(c)(1) of the Communications Decency Act: "No provider or user of an interactive computer service shall be held liable on account of any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected." So, does that mean that any site that has members posting on there does not fall under the rules of 2257 and the Adam Walsh act? And if so - why did AFF just commit to about $10K of donations to FSC to fight the 2257?

06-29-2007, 08:24 AM	#9
AK MadZuma Industry Role: Join Date: Nov 2003 Location: California Posts: 6,436	why not ask other dating program owners directly. i can give Allan's info if you want. __________________ Alfonsus Kusuma (AK) ak at madzuma.com skype me - alfonsus.com

06-28-2007, 05:42 PM	#2
GatorB The Demon & 12clicks Industry Role: Join Date: Oct 2001 Location: SallyRand is a FAGGOT Posts: 18,208	My best advice is to get lawayer that is knowledgable in this area.

06-28-2007, 09:44 PM	#4
tony286 lurker Industry Role: Join Date: Aug 2002 Location: atlanta Posts: 57,021	I think a lawyer is better than GFY but until it goes to court its all theories.

06-28-2007, 10:59 PM	#6
baycouples Confirmed User Join Date: Mar 2004 Location: San Jose, CA Posts: 1,341	I have hired an attorney and got an advice. However because there are no attorneys with the REAL experience in this ( as it is correctly mentioned above ) - I wanted to see what other advices people have gotten from their attorneys.

07-01-2007, 12:07 PM	#10
baycouples Confirmed User Join Date: Mar 2004 Location: San Jose, CA Posts: 1,341	The reason I'm asking here is because I'm sure everyone had different experience with their attorney on this issue. I have already consulted with 3 attorneys. I still want to know more.