Webmaster arrested: warning page doesn't verify surfers age
 

In the indictment of United States of America VS JOHN ZUCCARINI people seem to be missing a KEY point. Has anyone bothered to read the indictment document? It can be found at http://news.findlaw.com/cnn/docs/cyb...ni82903cmp.pdf

Only part of his indictment has to do with mispelled domains. The OTHER HALF has to do with the fact that his warning "adults only" page that people are directed to has no way to verify the age of a person that clicks the "enter site" button. THIS AFFECTS EVERY ADULT WEBMASTER.

Here are some quotes from the indictment:

Page 13, then continued on the top of page 14, there is an account from the investigator regarding the "internet investigation" It begins as such;

"I observed the following: first, my computer was directed to a Web page which,according to the domain name which appeared in my computer?s browser, was known as ?amaturevideos.nl.? Almost immediately thereafter, my computer was directed to another Web site; this Web site had the domain name ?HANKY-PANKY-COLLEGE.com? (the ?Hanky-Panky Site?). The first screen of the Hanky-Panky Site consisted of a ?Warning? page which, among other things, stated ?Warning: Adults Only . . . This Website contains sexuallyoriented adult content which may include visual depictions of nude adults, adults engaging in sexual acts, and other audio and visual material of a sexually explicit nature.? This page directed viewers who did not wish to see such materials, or who were under the age to 18 to exit the site; viewers over 18 wishing to see such materials were directed to click on a portion of the screen labeled ?Enter Site.? After clicking on the ?Enter Site? portion of the screen...."

Continued on page 14 the prosecuter states;

"Although viewers under 18 were directed not to enter the site, the Web site did not provide any method to verify the age of the person who accessed the site, and I was able to enter the site simply by clicking on the ?Enter Site? button."


What do you guys think about this?

America sucks ... but Germany is even worse.

They want us to verify age before allowing access to hardcore.
The thing is, we can't use credit cards to verify age.
Therefore, *nothing* currently exists to verify age online.
So they want us to use something that doesn't exist.

But it's okay for EBAY to use credit cards to verify age before allowing you to access their adult section!
Arrgh.

They are just trying to add on more stuff to charge the guy with.. You can have a porn site, there is no question. If we couldnt, it would be against our 1st amendment... and by saying you have to "verify" age before entering.. or get the persons credit card (to verify age).. thats not going to happen.. therefore, not allowing there to be porn sites. :2 cents:

FUCK ME JESUS.

God damn it. Can I just make one small suggestion to the peanut gallery? Here goes:



VOTE

For the love of god can we get rid of this administration before it kills us?

The domain name thing I can understand.. but thats just fucking scary..

I dont do nude outside the mebers area anyway.. whew..

They're nailing his ass because he sucks kids into adult materials by misleading them..:feels-hot

The warning stuff is just stacking the deck.

AST 121670557

put up some more hardcore. Its a great long term business strategy :1orglaugh

so wtf do they want us to do?

we cant take fuckin carbon samples and age date our fuckin surfers

i mean i understand that people who own like disnry.com shouldnt point it to bangbus, but come on we all know there is a bunch of great traffic in mistypes

I don't share your point of view:

With this religious driven officials administration, they are looking forward to prosecute adult business ( even if they don't win, just to punish financially the offender).

The fact that anybody can enter our sites and view " free content" , tours or worst "galleries" is making prosecution easy. All brick & mortar adult business can and do verify your age before you enter in a strip joint, adult book store, and so on...

If you look at German site, you cannot enter and view stuff until you registered and proved your age with an official document.

This is not good news....

Right wingers hate free speech.

Hopefully a jury will be smart enough to realize that a warning page is an attempt to keep kids out.

You should also register your site with ICRA.

Yeah, The sad truth is..What Normal MALE Dosen't look at porn between 8th-11 Grade when they are under the age of 18.

That is like saying you never masterbaited between those ages.

Yes, they shouldent have access but how many of you Fuckers

Clicked Enter when you were under the age of 18?

Shit some sites say 21+ only! Fuck me I am 19...I still enter.

This idiot has been in the news for years. They have a lot more on him than warning pages, trust me...

But when they win, they'll be able to reference this case for violations of warning pages that fail to verify the surfers age see?

Same reason why people in this industry fight for Extreme Associates even though they might not agree with the content.

May all your children wish to be as cool as Joe.

http://old.incard.com/pics/joe.gif

It dosn't matter if they are just using this to add more shit on about this guy... because if they find him guilty that can set a new precedent that makes it real easy for other sites to be sued and shut down.

I may be aginst your rights... but in the land of the good ol USA it is guilty intill you prove yourself innocent.. I do belive from what I have read this guy needs to be shut down, however this case can cause serious harm to honest webmasters.

Ya know, thats a good point. Thats a very good point.

Keen uses a credit cards as well. Why should porn be held to a different standard?

This could be the rebirth of the AVS system. Not using Visa to verify, but using something. Once verified, access to all participating sites...

What, exactly, is the German method of documenting age?

Wrong that will be used as an independent basis to prove that he knew non-adults were looking at his site. They are interpreting the statute exactly as I thought they would. Knowingly simply means (to the government) that you know (or should have known by the reasonable person standard) that it is theoretically possible for children to access your content, and that is theoretically possible for a child or adult for that matter to be mislead by your domain name. If this guy gets convicted and looses his appeals, this will become the standard interpretation of this stature. If you don?t have porn or sex in your domain name you will simply be screwed, and it won?t matter if you run your stuff professionally or not.

Warning pages have never been "legal." As it was explained to me once, a very long time ago...

"A warning page doesn't do anything, really, except prevent the prosecutor from standing up in front of the jury and saying 'he didn't even have a warning!'"

the end is truly near.
time to bail.


Visa won't like this.
Acacia will really be pissed.



:1orglaugh

well the warning page may not be legal.. but I would guess it could show the intent of the webmaster..

"Look I never intended for under 18 people to visit this site"

and an ICRA rating would show that you were in fact trying to keep minors out of your site fairly convincingly..

Although Zucharini's domain names, and previous comments will surely be enough to convict him.

But yet there is no statutory requirement for them. It is used to show that you the Webmaster acted in good faith. In light of how search engines work what % of your surfers actually enter your site through the warning page?

There are some great constitutional arguments against age verification, the truth in domains act and other crap I just hate to see that we are going to be stuck with this guy, and the facts in this case setting the standard for what is acceptable and what is not.

You shouldn't have left out the first part.

Below is where you started your copy.

It's obvious that what this lawyer/investigator is saying here is that this guy used Bob the builder , Britney Spears, Disney Land, and the Teletubbies domains to get traffic that is obviously going to be mostly kids, then directing those kids to porn sites and making no serious effort to keep those kids out.

It doesn?t really matter because the stuff he is complaining about (the images) in that second paragraph didn?t even appear on the defendant?s sites if I am not mistaken. They occurred once he actually left the defendant?s sites and went to the sponsor?s sites. Again I think the significance of this is being lost on a lot of people. Merely linking to a sponsor behind a warning page is strong enough grounds for the government to claim that you intentionally tried to entice children to look at porn.

JAS1552 If you would have read my post you wouldn't have wasted everyones time with your reply. I specifically stated that the domain name issue was only HALF of his indictment.

This guy deserves everything he's getting. He's never followed the law, he's screwed people and doesn't care about children seeing porn.

UNFORTUNATELY this case could have very negative repercussions for us Adult Site owners. On the positive side, maybe a law will be made, and a process created, where we can keep kids away from our material. Who knows.

So he should be able to register bartneythedinosaur.com redirect it to bangbus and face no consequences because he doesn't own bangbus?

I think because his domain attracted children is why they are going after the warning page because based on what they are saying. Yahoo, msn would be in big trouble , to get into adult very graphic groups you just have to say or click that you are over 18. I think those companies have a few lawyers that have looked at that . I think the days of very graphic pictures on the front pages of sites has to end. Once again it comes down to irresponsiblity and now we all pay for others.

Amen to that.

I don't think the warning page is even part of the indictment. What you and I quoted is this lawyer basically saying
'Ok. we arrested this guy because there is a new law against luring children to sexually explicit websites by redirecting deceptive domain names. Here is what happened during my investigation. blah blah blah'

Re: German AVS system

German AVS involves the surfer FAXING or sending a pic of two documents: A credit card and either their license or their passport.

That is a shitty system. Apparently it is a holdover from the brick and mortar porn stores where they also want to see those documents before admitting the guy into the store. Internet sites copy the method, but really it's not legal because that stuff could be faked so you don't really have any AVS. At least I don't think so.

It also gets around VISA "no AVS" rules because the CC is not charged, it is only faxed.

With ID theft what it is, I doubt surfers are gonna go for this anyway.

jas1552 how can you say that the warning page isn't part of the indictment when almost 2 pages are dedicated to the fact that a minor could enter his site without proving age.

YES he lured minors to the page but his warning page shouldn't be an issue, but the prosecuter SPECIFICALLY makes it an issue as a strength to his argument of allowing children to see his material BECAUSE he didn't verify their age THUS ANY adult site is ALLOWING CHILDREN to see their material BECAUSE they don't verify their age.

Get the coralation now?

bartneythedinosaur.com
This name is available for registration.

brb...

There's 2 earlier threads on this by the way. He's been having issues with the govt and corps whose names he is using for 4 years.

entrance disclaimers don't mean shit. how can someone not legally allowed to sign a contract digitally agree/sign an "agreement" stating they're 18 anyway? :)

i always thought it was to show good faith... because i don't believe it holds up at all in court.

HEY YOU FUCKING IDIOTS!

stop taking it in the ass for fucks sake!

1# MOVE YOUR HOSTING AWAY FROM AMERICA

2# DONT BUY DOT COMS

3# DONT VOTE BUSH

they are fucking you all up, because you rely on this american shit.

imagine if everyone pulled out of america, hosting, domains, visa, accacia everything your economy would be even worse then it is.

your country is full of whingers plane and fucking simple. dont sook! MOVE!

i dont understand why they do it, because if they lose the industry they lose a lot of money.

like if they wernt so precious on bulkmailing(yes even optin) they would be making another billion $$$ a year! but insted, china and brazil are making that money...
you only fuck yourselves here

http://www.google.com/search?sourcei...JOHN+ZUCCARINI

The dude is a scammer, just look at all his lawsuits for misleading surfers..

Cases keep piling up against him.. They are doing whatever they can to bust his ass..

Media

Land of the free ?

That makes about as much sence as suing a cable station for not verifying the viewers age! If you kid turns on the TV and sees a porn film, whos fault is it?

The bottom line is that kids should not be allowed to surf the internet with out supervision!

America is like Big Brother. Someone is always watching everything you do!

Fuck The Man!

Someone should sue some kids parents for allowing their child to enter their site when it clearly states, gotta be 18.

Re: German AVS

The german AVS stuff is very much in the middle of change right now.

There are new laws that just got into effect which cause all kinds of problems with the current AVSs. The question is what is proof enough of the person being 18+. Some AVSs use a system where a passport number is verified, of course insecure but it verifies the age, just can be faked rather easy.

Others use the Fax-in method described before. And yet others that are coming up now because of the new law actually verify the person in-person before letting them in via a system provided by the german postal service.

It is still unclear which method is going to be okay'ed. The biggest people doing the passport-number-check are trying to get access to the german passport database to get an ok back if the number exists so that they can be verified better.

The passport-number-check would work in the states too, problem is that most people in the states do not have a passport, since they only need it to travel to the outside of the US (and not even when they go to canada as far as I know). There is no way to verify age via the drivers license.

I predict that over 150 webmasters will be arrested within the next 6 months for porn related stuff.

Good luck

A codeblock froma valid identity card is all most sites require at the moment and you can enter after putting that number into a form. But there are ongoing discussions if this is enough protection or if it is not. If you ask me, it is!

Lousy prediction ... but will probably become true and factual.

yes register

http://www.icra.org/

A carbon sample would not help to verify their ages.... That's not how it works...

Got the vegas line on that?

:1orglaugh :1orglaugh :1orglaugh

Be more specific, how many GFY members?