Quote:
Originally Posted by sarettah
Hmmmm. So all the sites that set up profiles of girls with their pic and dob in their profile are breaking the law? Many of them are getting that info from their sponsors, so I guess the sponsors are breaking the law too? I have many model releases from content providers and such and I don't have any that have the model's permission to post that stuff on line. I guess all the gossip sites that have celebrity birthdays and pics on them and sites like imdb that have the date of birth and death and a bio are all in violation of the law as you see it.
Damn, you are such a constitutional genius rhetorical.
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If the girls themselves are silly enough to share their ID, they are within their rights to do so. HOWEVER, if you are in Canada and you collect ID's, you CANNOT LEGALLY DISTRIBUTE THEM IN ANY WAY without permission or a release from the legal ID holder. This applies to content producers as well, not only does their model release have to incorporate a release for the content producer to keep the content on record, but there must be a sepereate part of the release allowing it to be distributed to neccessary parties (for 2257 purposes). Anyone other than a government agent, or someone who has through release been given permission to recieve the ID, or been handed it personally from the legal ID holder, CANNOT LEGALLY request that ID in Canada, and if someone were to provide it, they would be in Violation of the Personal Information Protection Act and would be subject to jailtime in excess of 10+ years. If it was going cross-border, the fines/jailtime are even steeper, because it was Cross-border data flow of personal information that brought the laws into effect in the first place.
How do I know? My personal lawyer is one of the forefront experts of PIPA in Canada, and in fact he put together a legal seminar for a few years ago on just this subject and how it affect Canadian adult webmasters/content producers. Many major Canadian-based programs attended and I still have all the information, should you be interested.
Bottom line. If DirectNIC were to request the same information from a Canadian company and hold their domains in lock, said Canadian company would spend more time in jail/pay more fines than if they could somehow be extradited to the US and IF they were guilty, be charged under any kind of 2257 offenses. Canada is NOT the only country that has laws this strict, and I'm quite sure there are correlating US state laws that cover privacy/identify theft issues.