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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? |
My best advice is to get lawayer that is knowledgable in this area.
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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. |
I think a lawyer is better than GFY but until it goes to court its all theories.
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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.
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Posters have different experiences then his lawyer. |
why not ask other dating program owners directly. i can give Allan's info if you want.
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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.
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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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