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besterman 09-27-2006 09:46 AM

usc 2257 requirements for non-us webmasters
 
Does anybody know what are the usc 2257 requirements (If any) for non-us based secondary producers? (i.e. webmasters) that are not located in the US. Or any threads discussing this. Thanks

JD 09-27-2006 09:48 AM

no requirement.

BoyAlley 09-27-2006 09:50 AM

Lucky bastards..................

DateDoc 09-27-2006 09:55 AM

If you business in the US there are requirements. Is the FBI going to come knock on your door if you are overseas? Probably not.

besterman 09-27-2006 10:01 AM

usc 2257 requirements
 
Thanks for the feedback. Does anybody know an update on the new 2257 regulation of last year? I remember the free speech coalition was fighting it but not sure if that is still in process and something about their members being "protected" until a conclusive result.

chris01282 09-27-2006 10:43 AM

I think it goes like this...

if you live or host in the US, you are affected by 2257

if you don't live or host in the US, then it doesn't affect you

squishypimp 09-27-2006 10:44 AM

you dont have to do a thing.

mike217 09-27-2006 10:59 AM

As long as your business is not registered in the US, your'e hosting service is not in the US and also you are not a US citizen. 2257 does not apply.

PantieZ 09-27-2006 11:00 AM

Quote:

Originally Posted by BusterPorn
If you business in the US there are requirements. Is the FBI going to come knock on your door if you are overseas? Probably not.

Probably not ? 100% shure not ... FBI isn´t allowed to do shit in other countries.

After Shock Media 09-27-2006 11:02 AM

Quote:

Originally Posted by mike217
As long as your business is not registered in the US, your'e hosting service is not in the US and also you are not a US citizen. 2257 does not apply.

Tell that to the online gambling people.
The US see's it as if you do business here you are effected by the laws. If you wish to ignore 2257 becareful and or do not set foot on US soil.

DateDoc 09-27-2006 11:05 AM

Quote:

Originally Posted by PantieZ
Probably not ? 100% shure not ... FBI isn´t allowed to do shit in other countries.

I wouldn't be 100% sure on that. If you do business in the US even though you do not live here you are governed by US laws and guess who can shut your website down the easiest?

besterman 09-27-2006 11:06 AM

Quote:

Originally Posted by After Shock Media
Tell that to the online gambling people.
The US see's it as if you do business here you are effected by the laws. If you wish to ignore 2257 becareful and or do not set foot on US soil.

But has the new regulation been adopted or is it still being debated? Also, online gambling has to do with people advertising to US customers. The equivalent here would be say if you run a Google Adwords campaign for an adult site and target the US. If you exclude the US, you probably are ok, but you'll get less traffic. Americans are #1 consumers of gambling, porn, alcohol, the works.

After Shock Media 09-27-2006 11:11 AM

Quote:

Originally Posted by besterman
But has the new regulation been adopted or is it still being debated? Also, online gambling has to do with people advertising to US customers. The equivalent here would be say if you run a Google Adwords campaign for an adult site and target the US. If you exclude the US, you probably are ok, but you'll get less traffic. Americans are #1 consumers of gambling, porn, alcohol, the works.

It is a global market, I get that, you get that, everyone else gets that. To bad our fucking dense Government can not seem to get its head around it.

PantieZ 09-27-2006 11:25 AM

Quote:

Originally Posted by BusterPorn
I wouldn't be 100% sure on that. If you do business in the US even though you do not live here you are governed by US laws and guess who can shut your website down the easiest?


if hosting is in US you are right ...
but it was about knocking on non us citizens doors :upsidedow

besterman 09-27-2006 11:29 AM

usc 2257 for foreign producers
 
Have you noticed that virtually every foreign based producer (e.g. all those eastern european websites) has usc 2257 on their website. Why would they have that if their site and hosting is not based in the USA and they are not at risk? Is it to be ULTRA-safe?

PantieZ 09-27-2006 11:32 AM

Quote:

Originally Posted by besterman
Have you noticed that virtually every foreign based producer (e.g. all those eastern european websites) has usc 2257 on their website. Why would they have that if their site and hosting is not based in the USA and they are not at risk? Is it to be ULTRA-safe?

because no US webmaster would buy ?

Dirty Dane 09-27-2006 11:51 AM

Quote:

Originally Posted by After Shock Media
If you wish to ignore 2257 becareful and or do not set foot on US soil.

If I went to US on holiday, how can they know that I do not have records at my home office :)

Antonio 09-27-2006 11:58 AM

Quote:

Originally Posted by PantieZ
because no US webmaster would buy ?

I wouldn't buy either and I'm not in the US, submit to TGPs, MPGs, link lists etc - you need to have 2257 link, buy content for hosted galleries - I better have that link too, host in the US - the same story


so basically for foreign webmasters - nobody can prosecute you if you're not 2257 compliant but it will make your life so much easier

besterman 09-27-2006 07:40 PM

2257 foreign sites
 
Quote:

Originally Posted by PantieZ
because no US webmaster would buy ?

"because no US webmaster would buy ?"

This doesn't make sense either. Most of these sites are independent, standalone websites. Now if you are talking US affiliate webmasters to promote them, US affiliates would be secondary producers and would need the 2257 records from the sponsor site. Most sponsors have said they won't be providing a list of all their models, etc.. so US webmasters, even if the sponsor site is certified 2257 can't do anything but send traffic to the sponsor's URL. So what is the REAL reason, if any?

lyn1 09-27-2006 07:52 PM

Quote:

Originally Posted by chris01282
I think it goes like this...

if you live or host in the US, you are affected by 2257

if you don't live or host in the US, then it doesn't affect you


100% CORRECT!!!!!!!!!!!!!!!!!!!!!!!!!!!1

lyn1 09-27-2006 07:54 PM

Quote:

Originally Posted by besterman
Have you noticed that virtually every foreign based producer (e.g. all those eastern european websites) has usc 2257 on their website. Why would they have that if their site and hosting is not based in the USA and they are not at risk? Is it to be ULTRA-safe?



GEEEEEEEZ - Don't you think this may be for the customers satisfaction. These Europeans don't give a fuck about George and his white knights.

Lyn

Paul Markham 09-27-2006 09:13 PM

Quote:

Originally Posted by After Shock Media
Tell that to the online gambling people.
The US see's it as if you do business here you are effected by the laws. If you wish to ignore 2257 becareful and or do not set foot on US soil.

Good advice.

Just make sure your 2257 notice on the site complies with the regulations.

But don't be scared of 2257. It's to protect you from dishonest shooters and models getting you into jail. Use 2257 to insist on getting the documents.

Yes the actual record keeping is overly broad, but the FBI have to be able to find the records, should they need to. Some think it's just enough to point to a filing cabinet and say, "Somewhere in there".

Gaybucks 09-27-2006 10:43 PM

If you have affiliates in the US or your service is used by or targeted by US citizens, the US says that you are subject to 2257 and 4472 (the new one that just went into effect.)

Also, since 4472 went into effect, there are no more secondary producers; the law was designed to get around the Sundance problem, so all affiliates should now have records for any sexually explicit materials (including banners) appearing on their sites.

Now... if you are outside the US (live outside, work outside, servers outside) and don't care about your affiliates, you could probably get away with not bothering to comply because it is unlikely (though not impossible) that the US Justice Department is going to travel to a different country to inspect records. But 2257 or no 2257, CP is illegal almost everywhere, so you would be well advised to keep records under any circumstances since, under pressure from the US, other countries will enforce CP laws against pornographers with no documentation.

just a punk 10-07-2006 02:30 PM

Quote:

Originally Posted by BoyAlley
Lucky bastards..................

Yes, we are :)

BTW, personally I think it's not a good idea to work in the adult industry if you're located in the States. Even if all your models are 18+ and you believe all the docas are in order, it's not a prob. to find at least a few inaccuracies in your papers (not forgery or lack, but just an inaccuracy) and you will be sued for sure. Take a look at this article: http://www.fhgstore.com/showarticle.html?id=17123&cat=2 - awesome isn't it?

PantieZ 10-07-2006 02:53 PM

Quote:

Originally Posted by besterman
"because no US webmaster would buy ?"

This doesn't make sense either. Most of these sites are independent, standalone websites. Now if you are talking US affiliate webmasters to promote them, US affiliates would be secondary producers and would need the 2257 records from the sponsor site. Most sponsors have said they won't be providing a list of all their models, etc.. so US webmasters, even if the sponsor site is certified 2257 can't do anything but send traffic to the sponsor's URL. So what is the REAL reason, if any?


Reading sometimes helps understand things ....

If you were a east european contentproducer, why would you sell your content with 2257 ? ..... think ..... think .... think ..... BINGO !!!

Right ! Because you also want to sell your content to US webmasters !

It´s not that difficult to understand, just try it using your brain !

scottybuzz 10-07-2006 03:24 PM

hmmm,, not cool news, im english host away , but keep 2257 on my websites, just to make U.S.A. happy :)

Pleasurepays 10-07-2006 03:30 PM

Quote:

Originally Posted by besterman
Does anybody know what are the usc 2257 requirements (If any) for non-us based secondary producers? (i.e. webmasters) that are not located in the US. Or any threads discussing this. Thanks

you have to convert to christianity, swear an oath to George Bush and take a urine test twice a month.

just a punk 10-07-2006 03:32 PM

Everyone has 2257 docs, at least for themselves - to be sure the models are 18+. Even the EU webmasters do.

Jensen 10-07-2006 03:44 PM

Quote:

Originally Posted by Gaybucks
If you have affiliates in the US or your service is used by or targeted by US citizens, the US says that you are subject to 2257 and 4472 (the new one that just went into effect.)

so if gaybucks has a russian affiliate or a russian member they should read up on russian law? naaah bush can stick 2257 up his ass...

Star 69 10-07-2006 04:38 PM

Bump for the usefull thread!

REßEL 10-07-2006 04:39 PM

Quote:

Originally Posted by Gaybucks
Now... if you are outside the US (live outside, work outside, servers outside) and don't care about your affiliates, you could probably get away with not bothering to comply because it is unlikely (though not impossible) that the US Justice Department is going to travel to a different country to inspect records.

Do you think for one split second the US Justice Dept has any right to enter property and arrest anyone outside the US?

I'm sure the good ole yankees would love if the German (Or Chinese) Justice Dept turned up on US soil and started arresting US citizen webmasters for "serving" German customers porn outside of an AVS system (Or showing Chinese surfers porn at all). Everyone laughs off the mails the Germans send threatening legal action as not valid, yet those same people then expect the rest of us to comply with US laws.

It's ridiculous.

We outside the US cannot comply with 2257 because we can't publish an address the feds can come and inspect (we could publish the address but the feds can't come and inspect the docs at it). Or would you suggest we all hire US office space and keep our docs there just to keep you all happy? :thumbsup

Which also means hosting in the US at this point is a mute point too. Until such a time as hosts are also classed as secondary producers and are required to comply. Which still means they would have to have the docs THEMSELVES, and publish the address that THEY keep them, so we'd all have to give them the docs not keep them ourselves.

If a US Fed ever turned up here the first thing I'd do is call our law enforcement officers and have them removed. Then I'd call every media outlet I could find and let them know the Americans really did think they were the world police now.

PantieZ 10-07-2006 05:34 PM

Quote:

Originally Posted by REßEL
Do you think for one split second the US Justice Dept has any right to enter property and arrest anyone outside the US?

I'm sure the good ole yankees would love if the German (Or Chinese) Justice Dept turned up on US soil and started arresting US citizen webmasters for "serving" German customers porn outside of an AVS system (Or showing Chinese surfers porn at all). Everyone laughs off the mails the Germans send threatening legal action as not valid, yet those same people then expect the rest of us to comply with US laws.

It's ridiculous.

We outside the US cannot comply with 2257 because we can't publish an address the feds can come and inspect (we could publish the address but the feds can't come and inspect the docs at it). Or would you suggest we all hire US office space and keep our docs there just to keep you all happy? :thumbsup

Which also means hosting in the US at this point is a mute point too. Until such a time as hosts are also classed as secondary producers and are required to comply. Which still means they would have to have the docs THEMSELVES, and publish the address that THEY keep them, so we'd all have to give them the docs not keep them ourselves.

If a US Fed ever turned up here the first thing I'd do is call our law enforcement officers and have them removed. Then I'd call every media outlet I could find and let them know the Americans really did think they were the world police now.


Amen 1234

TimBlaze 10-07-2006 05:50 PM

i look forward to not dealing with it when i move to canada :thumbsup


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