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-   -   2257/Adam Walsh legal question (https://gfy.com/showthread.php?t=747009)

baycouples 06-28-2007 05:38 PM

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?

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 (Post 12675966)
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 (Post 12676785)
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 (Post 12677003)
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 (Post 12677027)
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 (Post 12687701)
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.


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