More 2257 - Indian Reservations?
 

Not an expert on any of this but just a thought I had. Would having your business on an indian reservation or partnering with an indian tribe shelter you from the new regulations and any more laws the government might try throwing our way? It works for their casinos right. Any thoughts?

gambling = state issue
2257 = federal issue.

next question?

If you only "do business" on the indian reservation, it might. However, simply putting your servers and mailing address on an indian reservation wouldn't change anything.

Actually, I think you are wrong there . . . Indian reservations . . . . that would be quite the loophole.

Thought about it awhile ago, did not see how it would work at all.
So please post your thoughts since you are often good at the legal bs as well.

Very good grasshopper. Creative thinker you are

would there be an issue with arrows getting stuck in the servers?

I thought that indian reservations are federally recognized as sovern nations that is why states can't tell them they can't have casinos?

Just move to Uragua, your safe there

Exactly. Thats the reason why they sell gambling licenses in Indian reservations.

yeah sort of.
Though gambling is not federally illegal, it is illegal by state law.

Another example would be, could an indian reservation set up and operate a marijuana club or any other drug? (not medical)

If the sovern nation thing was correct they could indeed decide which drugs are ok, could they not?

Thats a good question, anyone know? I did hear about alot of marijuana growing goes on in some reservations. We would definitely need to do more research into the laws on reservations.

My thought was that porn is legal within the regulations, not like drugs, so having that extra buffer might be helpful

Someone should have a chat with an indian lawyer or one that represents them...

Just out of curiosity what parts are you concerned with or wish to avoid?

NO kidding, either ya A: Compliant or B: Ya not. IF not then you wont need to run cause ya wont prolly be in biz much longer *shrugs* I could be wrong.
TOM

None in particular, just more of a safty net if things start getting worse. It might even help with tax issues. I heard casinos don't even have to open up their books.

Let me preface this by stating that I am not an attorney, and therefore can not provide legal advice. No attorney-client relationship is established or implied, and while I do have a lot of personal experience that I draw from, Federal law is one field that my expertise is certainly lacking.

That being said: It is my understanding that Indian reservations are not bound by Federal law. I don't know that Federal authorities have the right to enter a reservation . There could be issues with the DOJ trying to enter a business there.

Again, I have not researched this, it is completely on the fly. But it does present an interesting twist. I think you would probably have to have the business owned by an American Indian, and physically located on the reservation.

I think it would be at least as effective as moving off-shore, but who knows.

Its true, but you can be as compliant as possible and still get pushed into a corner. Isn't the trend right now of more filtering. http://www.xbiz.com/news_piece.php?id=9310 Also, the xxx domains.

Yea I agree too, Don't get me wrong, IM not too happy and a little scared with everything that is going on at the moment but I myself can't let that get in my way so I guess all we do is try *shrugs*
TOM

lol..we are sort of reaching deep now, huh?

I just spoke with the indians.
They said fuck you whitey, US governments a bitch aint it.

IF indian reservations were exempt, you would have to actually have the place where you do business there - email and servers aren't where you do business.

Indian tribes and Reservations are exempt from most federal and state taxes and regulations.

The keyword here is "MOST" so that would have to be defined by an attorney!



there could be a loophole.
If you run your business out of the indian reservation.. Another complicating factor is the issue of land. Most land on Indian Reservations is not owned by any one entity. It is placed in federal trusteeship, and the tribes or tribal members administer the land but the U.S. Department of Interior officially holds the land's title.

I can seriously see a loophole here :2 cents:

I wouldn't even want to live on a Indian Reservation. Atleast not the one 15 miles north of where I live. 75% of them are drunks and have no jobs.

Any American Indian webmasters around? Any one know someone who might have more info on this?

There are alot of reservations where a small amount of weed will get you a 10+ years prison term.

We have Indian reservations in Canada.

Maybe I should set up shell corporations to offer double the protection!

And a few hectars of weed on an Indian reservation is not big deal up here.

:1orglaugh :1orglaugh

Indians are going to control all the sin in America soon.

What abt cigs dingus?

As baddog wisely posted in an earlier reply, let me preface this by saying that I'm not a lawyer, and this certainly doesn't represent legal advice.

That said, I believe the answer to this question is relatively simple, and lies in something called the "The Congressional Plenary Power Doctrine", which limits the extent of American Indian tribal sovereignty.

In a nutshell, the Doctrine states that Congress has plenary power (plenary essentially means "unlimited") over sovereign nations that exist within the borders of the United States.

In other words, should Congress decide that they want to the various US tribes to be required to follow a given law or set of regulations, they can force compliance upon the tribes under the terms of the Doctrine.

Now, it's not *quite* as cut and dry as that, because there are areas of overlap with the Indian Civil Rights Act, and the Indian Reorganization Act. As a practical matter, however, the tribes essentially get as much sovereignty as the US Congress allows them to have. It's a very curious application of the term "sovereignty", indeed.

- Q.

Umm.. dude, I go to indian reservations for my drugs... Most sell them in the open.

And what about them?
They are generally selling them without the imposed state taxes.

Exactly! The whole point would be to make it harder for the gov to prosecute. If it wanted to, the gov can go after alot of us. I'm not just talking about 2257, but have we forgot about obsenity laws? The whole community standard is a silver bullet for the gov. Look at adult stores and strip clubs in certain areas. Its only a matter of time before the internet is regulated as brick and mortar, or localization. It already started in ecommerce. How long has mail order laws been in place? a long time. And isn't ecommerce mail order? yes, you just order online instead of mailing or calling in your order and you get your order the same way since the early years of Sears. But what is happening, where ever people buy from you, you may be in business in that area. It has happened to porn distributors and some bigger ecommerce porn sellers. You can't ship to certain areas.

So the whole point is to make it harder to get to you becasue they are trying, we can all agree on that right? And the whole addition of doctrines, acts, and Indian sovereinty can tie anything up in court for years. Enough time for an administration change.

The best thing is to try to stay a step ahead.