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Old 09-29-2005   #10
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Default Re: 2257 Compliance questions

Quote:
Originally Posted by MorganGrayson
I bookmarked it, glanced at it...and muttered "yikes."

But thank you, JR. I will read through it and attempt to untangle it.

The awkward position in which I find myself is in "mentoring novices." When I was a newbie, there were people saying patiently "no, you can NOT use newsgroup photos on your website. You must have a license for every image you use."

OK, that was a simple, easy-to-follow direction. At that point, the worst thing that could happen to a webmaster was getting "fired" by their sponsor and not getting paid.

Now, we have a whole new ball game. In order to mentor novices, we have to be able not only to tell them how to build the best website they can in order to convert their sponsors...but how to keep themselves out of jail.

It helps to understand fully what 2257 is all about, but for a short version, what do you think of this:

Only use "reliable" (a word to be defined later by...somebody) sponsors and their content, who provide the 2257 information for both their content AND their banners.

Only use "reliable" (see above) content providers who provide 2257 information for their content.

Keep *all* 2257 information on a page on the website you are building, linked to your index page by the link entitled "2257 Compliance Information."

Do not use any type of content that anyone claims is exempt, as US webmasters are not themselves exempt, and it's better to be safe than sorry.

Keep all hardcore images off the index page, whether it is 2257 compliant or not.

And since we're chatting...do you feel that freesite webmasters should now make the effort to provide an actual exit *link* to a nonadult sponsor/site (preferably one of their own) as opposed to saying "hit the back button of your browser" or assuming surfers would be smart enough to do so?

I'd like to be able to feel that we've done all we can in training Oprano novice webmasters in staying legal.
i think this is a sticky situation and you might be walking a fine line between offering helpful information and offering legal advice.

i would show them where to find the information, but i would not discuss interpretations, or how they should act on it. i would advise everyone to talk to an attorney and put disclaimers all over the place making it clear that you are not offering legal advice and that you recommend everyone consult with an attorney.

you might have 1000 webmasters in the year 2009 claiming in court that you are the reason they are not in compliance.

i would not offer any advice or suggestions on this issue.... other than to point people in the right direction to read the law and comments, point them to articles on the issue (xbiz and avn each have a few) and encourage everyone to do their own homework.

here is an example - you can tell people not to use hardcore images... but that can get you in trouble. its not about "hardcore". an image can be 50X50 thumb of a single strand of hard cropped from a hardcore image and you have to have the docs for it. so in clarifying something like this... you will be walking further and further down the road towards offering legal advice.
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