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Old 05-20-2005   #1
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we at www.remotethumbs.com are fully equpppied to handle the situation for you.

option #1 continue to use, ( or sign up for ) our ground breaking product, that uses all Free Hotsed gallerys from the sponsors directly. and allows fo no submissions, therefore you are always in control of having the sponsors you choose and trust to promote, and utilize their 2257 protections for yourself as well ( as they host the gallerys for you and will need them to be compliant)


Option #2 We are fully capable of hosting your own built gallerys for you via our own data cneter ( not third party) www.siliconcanal.com we are located in Panama, and will keep the 2257 info for you, so you do not need to come out and give your info as the producer of record. ( we host them not you)

Option # 3 We will entertain ( big traffic pushers only) writing a customized solution for you allowing for submissions to take place, and FHG's to be used also allowing you to sell advertising spots and we will host the gallerys for your site to insure you are protected.

if you are interested in any further discussion with one of us on this matter we are available and you can reach me with your thoughts at 174842541

Thank you and have a great, productive day. ( be safe)
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Old 05-20-2005   #2
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Have you got legal opinion on that?
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Old 05-20-2005   #3
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Yes we have, and it ABSOLUTLY 100% matters in what jursdiction the servers are based out of that serve the gallerys.

Our hosting peoples thumbs in Panama, immiediatly takes the issue out of US jurisdiction

and makes us the responsible party
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Old 05-20-2005   #4
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Quote:
Originally posted by JoesHO1@May 20 2005, 10:21 AM
Yes we have, and it ABSOLUTLY 100% matters in what jursdiction the servers are based out of that serve the gallerys.

Our hosting peoples thumbs in Panama, immiediatly takes the issue out of US jurisdiction

and makes us the responsible party
So your primary place of business is in Panama?

As in, where YOU work 24/7?
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Old 05-20-2005   #5
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These ammended regulations havent even been published yet, how can ANY lawyer tell you what is and isnt legal until they have seen them?
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Old 05-20-2005   #6
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Quote:
Originally posted by JoesHO1@May 20 2005, 10:21 AM
Yes we have, and it ABSOLUTLY 100% matters in what jursdiction the servers are based out of that serve the gallerys.

Our hosting peoples thumbs in Panama, immiediatly takes the issue out of US jurisdiction

and makes us the responsible party
Excellent

I didn't doubt it ;-))
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Old 05-20-2005   #7
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Quote:
Originally posted by Lee@May 20 2005, 10:24 AM
These ammended regulations havent even been published yet, how can ANY lawyer tell you what is and isnt legal until they have seen them?
I would guess they can tell you if Panama is outside US jurisdiction.
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Old 05-20-2005   #8
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Quote:
Originally posted by Nickatilynx+May 20 2005, 10:29 AM-->
QUOTE (Nickatilynx @ May 20 2005, 10:29 AM)
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Old 05-20-2005   #9
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Quote:
Originally posted by Lee+May 20 2005, 10:33 AM-->
QUOTE (Lee @ May 20 2005, 10:33 AM)
Quote:
Originally posted by Nickatilynx@May 20 2005, 10:29 AM
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Old 05-20-2005   #10
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Quote:
Originally posted by Nickatilynx+May 20 2005, 10:41 AM-->
QUOTE (Nickatilynx @ May 20 2005, 10:41 AM)
Quote:
Originally posted by Lee@May 20 2005, 10:33 AM
Quote:
Originally posted by Nickatilynx@May 20 2005, 10:29 AM
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Old 05-20-2005   #11
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Quote:
Originally posted by Lee+May 20 2005, 10:22 AM-->
QUOTE (Lee @ May 20 2005, 10:22 AM)
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Old 05-20-2005   #12
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Quote:
Originally posted by JoesHO1+May 20 2005, 10:48 AM-->
QUOTE (JoesHO1 @ May 20 2005, 10:48 AM)
Quote:
Originally posted by Lee@May 20 2005, 10:22 AM
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Old 05-20-2005   #13
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So ... you are no longer uploading thumbs to the individual server?
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Old 05-20-2005   #14
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at the moment we are. no worries there.
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Old 05-20-2005   #15
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Quote:
Originally posted by JoesHO1@May 20 2005, 08:51 AM
we at www.remotethumbs.com are fully equpppied to handle the situation for you.

option #1 continue to use, ( or sign up for ) our ground breaking product, that uses all Free Hotsed gallerys from the sponsors directly. and allows fo no submissions, therefore you are always in control of having the sponsors you choose and trust to promote, and utilize their 2257 protections for yourself as well ( as they host the gallerys for you and will need them to be compliant)


Option #2 We are fully capable of hosting your own built gallerys for you via our own data cneter ( not third party) www.siliconcanal.com we are located in Panama, and will keep the 2257 info for you, so you do not need to come out and give your info as the producer of record. ( we host them not you)

Option # 3 We will entertain ( big traffic pushers only) writing a customized solution for you allowing for submissions to take place, and FHG's to be used also allowing you to sell advertising spots and we will host the gallerys for your site to insure you are protected.

if you are interested in any further discussion with one of us on this matter we are available and you can reach me with your thoughts at 174842541

Thank you and have a great, productive day. ( be safe)
This does shit...I can appreciate you spinning your product but here's the 2257. You can't protect anyone.

It's fuckin' absurd.

Here's the 2257 shit - Left is old - right is new

Where the fuck do you get your legal advice, the drive through?
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Old 05-20-2005   #16
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Quote:
Originally posted by aeon+May 20 2005, 03:23 PM-->
QUOTE (aeon @ May 20 2005, 03:23 PM)
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Old 05-20-2005   #17
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Quote:
Originally posted by aeon+May 20 2005, 12:23 PM-->
QUOTE (aeon @ May 20 2005, 12:23 PM)
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Old 05-20-2005   #18
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Quote:
Originally posted by aeon+May 20 2005, 09:23 PM-->
QUOTE (aeon @ May 20 2005, 09:23 PM)
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Old 05-20-2005   #19
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Quote:
Originally posted by aeon+May 20 2005, 03:23 PM-->
QUOTE (aeon @ May 20 2005, 03:23 PM)
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Old 05-20-2005   #20
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Here's 75.6c of the proposed regulations (I'd be incredibly surprised if they didn't go with this as-is). Please let me know how you'll handle the fact that the custodian of records must be an employee of the producer.

-----------------------------

If the producer is an organization, the statement shall also contain the name, title, and business address of the individual employed by such organization who is responsible for maintaining the records required by this part.

-----------------------------

If the custodian didn't have to be an employee, everyone would just have their attorney be their custodian of records, giving them something of an attorney-client privilege on the whole thing.
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Old 05-20-2005   #21
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Quote:
Originally posted by ThrobX@May 20 2005, 02:05 PM
Here's 75.6c of the proposed regulations (I'd be incredibly surprised if they didn't go with this as-is). Please let me know how you'll handle the fact that the custodian of records must be an employee of the producer.

-----------------------------

If the producer is an organization, the statement shall also contain the name, title, and business address of the individual employed by such organization who is responsible for maintaining the records required by this part.

-----------------------------

If the custodian didn't have to be an employee, everyone would just have their attorney be their custodian of records, giving them something of an attorney-client privilege on the whole thing.
Why couldn't you have your lawyer employed by your corporation to be custodian?
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Old 05-20-2005   #22
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Quote:
Originally posted by ThrobX@May 20 2005, 02:05 PM
Here's 75.6c of the proposed regulations (I'd be incredibly surprised if they didn't go with this as-is). Please let me know how you'll handle the fact that the custodian of records must be an employee of the producer.

-----------------------------

If the producer is an organization, the statement shall also contain the name, title, and business address of the individual employed by such organization who is responsible for maintaining the records required by this part.

-----------------------------

If the custodian didn't have to be an employee, everyone would just have their attorney be their custodian of records, giving them something of an attorney-client privilege on the whole thing.
Well us as the company that is producing the image would be using one of our principles as the record keeper.

Coming from our servers make us the producer , and we will list our contact info and maintian the copy of records as required .

If it becomes a situation where we need to be the owners of the content , then it would be our intention to enter an agreement with the provider/user of the content.This would give us a written use license to produce the particular image on the particular site(s) that they deem it to be used for. We may need to buy this right for something like a dollar for example, and the license be limited to allow us to produce it only on a certain site as the terms of the lease/sale to us. we at that time would become the secondary producer and provide our contact details to comply
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Old 05-20-2005   #23
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Quote:
Originally posted by JoesHO1+May 20 2005, 02:36 PM-->
QUOTE (JoesHO1 @ May 20 2005, 02:36 PM)
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Old 05-20-2005   #24
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Quote:
Originally posted by Nickatilynx@May 20 2005, 02:23 PM
Why couldn't you have your lawyer employed by your corporation to be custodian?
I don't pay employees $250/hour, thank you.
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Old 05-20-2005   #25
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Quote:
Originally posted by ThrobX+May 20 2005, 02:51 PM-->
QUOTE (ThrobX @ May 20 2005, 02:51 PM)
Quote:
Originally posted by JoesHO1@May 20 2005, 02:36 PM
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Old 05-20-2005   #26
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Seriously, consult legal council if you are interested in this, as it is understood by us, we are the producer that serves the gallerys of content from our servers ( we would not upload them to your servers they would come from ours)
The producer's the producer. If it's my site and I'm making the money from it, then I'm the producer. It matters not where the stuff is being served from. If I'm a US citizen and I'm making money from it, then I'm the producer.

There's a big misconception that simply moving your hosting offshore shields you from US law. Tell that to the people who tried to run gambling sites hosted offshore.

Quote:
of course you could always host in Panama with us, and then hire us as an employee to run your hosting and content managment as well we would be glad to do that for you.
Well, being that the regs specifically mention "INDIVIDUAL" (not "corporation," or "legal entity," or "shadow producer") when talking about the custodian of records, I don't believe I would be able to employ a hosting and content management company to be my custodian of records. That would be more akin to subcontracting, which is not "employing."

A simpler solution would be for someone in the adult business to have a real live office, with a real live custodian of records (yourself or a real live employee), and then they're following the law. Seems like a shorter distance between 2 points, and they're then on firm legal ground, to boot!

Sorry to be jerking around with you here, but offsite 2257 recordkeeping solutions don't really work, because they aren't compliant with the regs. Or at least they aren't compliant with the current regs. We'll see what the new regs are really like when they're published on Tuesday.
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Old 05-20-2005   #27
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Sell all your websites to a Panamanian Corp
Put all your servers at silicon canal
And have yr corp employ one of the staff at siliconcanal $250 a yr to be custodian



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Old 05-20-2005   #28
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Quote:
Originally posted by Nickatilynx@May 20 2005, 03:27 PM
Sell all your websites to a Panamanian Corp
Put all your servers at silicon canal
And have yr corp employ one of the staff at siliconcanal $250 a yr to be custodian

Viola...

As long as you keep all the money in Panama and never try to bring any of it into the country, then you probably have a great idea!
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Old 05-20-2005   #29
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Quote:
Originally posted by ThrobX+May 20 2005, 03:29 PM-->
QUOTE (ThrobX @ May 20 2005, 03:29 PM)
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Old 05-20-2005   #30
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Quote:
Originally posted by Nickatilynx+May 20 2005, 03:31 PM-->
QUOTE (Nickatilynx @ May 20 2005, 03:31 PM)
Quote:
Originally posted by ThrobX@May 20 2005, 03:29 PM
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Old 05-20-2005   #31
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Quote:
Originally posted by ThrobX+May 20 2005, 03:43 PM-->
QUOTE (ThrobX @ May 20 2005, 03:43 PM)
Quote:
Originally posted by Nickatilynx@May 20 2005, 03:31 PM
Quote:
Originally posted by ThrobX@May 20 2005, 03:29 PM
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Old 05-21-2005   #32
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my 2 cents and it may sound kind of harsh. sorry about it but this is kind of dumb.

plain and simple if it goes through as is or not 2 things may happen

1. lots of people move out of USA (hosting) so government thinks twice before going after lawbreakers. big fish are going to be targets some small may fall but it will be a pain in the ass for government when they are soooo busy with other shit.

2. usa traffic will become shit because no one will want it just to no risk it. then all usa based processing will go to shit because no one will want to process in the usa, therefore the rest of the world which is much much bigger than usa will be a target and cc processor will have easier ways to process because they don´t have to worry about usa cause usa sucks thanks to its religous and bush administration and tata we have 1990´s again. lots of big and small will die most of the world outside usa will live.


and bonus we get even richer cause a lot of people will move their shit to us LOL.

pornwill not die. usa porn biz may die but there is soo much other land and countries in planet earth who gives a fuck about usa. hell lately usa traffic is sucking ass europe is starting to pick up and don´t tell anyone but central and south america have faster interenet connections and more availability than vancouver or other states in the usa. all you have to do is be able to process cc from that country which will become easier as i said before and talk spanish

coño que bueno que hablo español babble fish that one.

the only thing i see happening is lots of suicides and divorces in USA cause men wont be able to get jerk off at porn anymore. thats a scary thought.

freee minibon
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Old 05-21-2005   #33
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Quote:
Originally posted by Inabon+May 20 2005, 01:16 PM-->
QUOTE (Inabon @ May 20 2005, 01:16 PM)
Quote:
Originally posted by aeon@May 20 2005, 03:23 PM
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Old 05-21-2005   #34
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Quote:
Originally posted by aeon@May 20 2005, 08:29 PM
[Have you even read the statute? You have to have the documentation available at your place of business. Not in fuckin' panama or Timbuktu.

At least this throbx has read the fuckin' thing. Hosting and keeping records offshore is absolutely irrelevant if you are a US citizen.
Actually, not to be the bearer of bad nws or anything but..

The new regs havent even been published yet so, that being said, nobody but the DOJ has read them.

Many people have read last years proposed regs but the chances they may have changed are great since they were first suggested.

The turth of the matter is, until the new regs are published, nobody is any the wiser than they were last month, including all the lawyers in the adult industry making un-educated guesses.
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Old 05-21-2005   #35
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Quote:
Originally posted by Lee+May 20 2005, 08:46 PM-->
QUOTE (Lee @ May 20 2005, 08:46 PM)
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Old 05-21-2005   #36
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Quote:
Originally posted by Inabon@May 20 2005, 08:24 PM
1. lots of people move out of USA (hosting) so government thinks twice before going after lawbreakers. big fish are going to be targets some small may fall but it will be a pain in the ass for government when they are soooo busy with other shit.
With all due respect, you must not be very familiar with the way our government works. When a no-lose issue comes up that can win votes, in this case "protecting the children," all other shit gets pushed aside, so a good show can be made.

Workload due to 9/11 may have delayed action on "obscenity," but that was a REALLY unusual case. What's the workload now?

Dealing with daily carbombings in Iraq? Hell, that ain't even in this country, most voters who want porn to be stopped aren't even aware that there are other countries besides the U.S. Fighting porn is sexier. (pun intended) That can be put aside for a no-lose vote-gaining issue.

The debate over filibusters during federal judgeship nominations? Piffle, that's just political posturing. That can be put aside for a no-lose vote-gaining issue.

Steroids in sports? There's a non-issue that can be put aside for a no-lose vote-gaining issue.

There's NOTHING in our governmental system that is more important than either A: money or B: votes.
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Old 05-21-2005   #37
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Why an ambitious DA hasn't attacked pornographers hard already I'll never know.

I'd pick 10 or 20 mouthy grfyers in my jurisdiction without the resources for a decent lawyer but with a high profile locally.

And come down on them like a ton of bricks..
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Old 05-21-2005   #38
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Quote:
Originally posted by Lee+May 20 2005, 08:46 PM-->
QUOTE (Lee @ May 20 2005, 08:46 PM)
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Old 05-21-2005   #39
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Quote:
Originally posted by Nickatilynx@May 20 2005, 09:28 PM
Why an ambitious DA hasn't attacked pornographers hard already I'll never know.

I'd pick 10 or 20 mouthy grfyers in my jurisdiction without the resources for a decent lawyer but with a high profile locally.

And come down on them like a ton of bricks..
Plenty of low-hanging fruit in this business.

(And I'm not referring to gay porn actors.)
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Old 05-21-2005   #40
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No one ever went broke underestimating the intelligence of the average webmaster
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Old 05-21-2005   #41
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Quote:
Originally posted by Nickatilynx@May 20 2005, 09:33 PM
No one ever went broke underestimating the intelligence of the average webmaster
You can keep bumping this all you want to for your friends or interests but this doesn’t even come close to addressing the proposed interpretation. Being opportunistic is one thing, being an idiot is another.

It’s stupidity. The top dogs have in house council dealing with this and/or sheisters on retainer evaluating it. Smaller dorks like myself are shelling out 300 per hour to find out if we’re gonna need soap on a rope.

This won’t even go into effect for months or years to come and this proposed salvation is absolute BS if these interpretations stand up.

The only thing having yer documentation/shit out of the country will do is get you indicted faster for not having the shit available for inspection. If you’re facing a potential 5 years for each mistake in record keeping, would you trust a bunch of idiots in Panama?
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Old 05-21-2005   #42
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Quote:
Originally posted by ThrobX+May 21 2005, 12:24 AM-->
QUOTE (ThrobX @ May 21 2005, 12:24 AM)
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Old 05-21-2005   #43
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Quote:
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QUOTE (aeon @ May 21 2005, 12:38 AM)
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Old 05-21-2005   #44
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Quote:
Originally posted by Inabon@May 21 2005, 05:45 AM
man you have to realize that no matter what there are always borders and the way your country (yes i am a us citizen thanks to the way your country thinks remember they beat spain another empire and took puerto rico as payment then gave us citizenship during the war so we could go fight cause usa was running out of trained people) works makes it easy for anyone to bypass that because you always think USA only and in USA it stays.

come on. like i said there are more countries than usa yes they may not be as developed but they are being developed. usa has reached is peak and now is looking at getting regulated (LAND OF THE FREE MY ASS).

so as you see point 1 or 2 will happen just because the way you guys think. you have to open your minds to the rest of the world. trust me bush may win against porn but only in USA.

and don´t give me the internet carrier bullshit trust me in panama there are carriers that if they are down they loose 1 million per hour and a lot of that is not USA.
Here's what you have to realize, Inabon...

"just because the way you guys think. you have to open your minds to the rest of the world."

I personally think globally. I'm not your typical nationalist jingoistic "my country right or wrong" "fuck all them fur-en-ers" redneck. I won't argue that they're the vocal majority in this country right now, but I'm not one of that group. Don't lump me in with all of them, and I won't lump you in with whatever stereotypical sub-group of Puerto Ricans that YOU dislike.

However, I am a U.S. citizen. I physically live in the U.S. I transact my business in the U.S. And I don't intend on physically moving out of the U.S., with or without renouncement of citizenship.

Because of this, I have to follow U.S. law. And that follows through no matter where in the world my webhost is. I'm a U.S. citizen, therefore I have to answer to U.S. law, whether I like the law or not.

I can either go through a bunch of expensive manuevers like Nick suggested that, while they may not be illegal, at least have the appearance of trying to hide something, or I can just follow the law. I happen to think that your solution is not as protective or compliant as you do. Different interpretations of the law. I happen to be good at interpreting law, though I'm not a lawyer, and I have knowledgeable legal counsel who happen to independently interpret this issue the same way I do.

There are, however, PLENTY of people in this business who don't even bother to pony up legal fees in advance, and coincidentally, traffic in very edgy niches. Those are the people who could really get hit hard by this new enforcement of the regs, and truth be told, I have no sympathy for them. They're going after things with a short-term attitude, and that's what can happen.

I wholeheartedly agree with you that the U.S. does not own the Internet, and if the U.S. decided to totally ban pornography, it would still live on thanks to the hundreds of other countries in the world, as well as the U.S.-based mavericks who will try to operate under the radar. That's an unfortunate situation, but I don't think a total ban will occur -- they just want to move the edges in a bit to make good with the moralists.

Really, truthfully, I think the 2257 regulation is pretty easy to comply with, as long as you use your head and OVERcomply with them. Make yourself a hard target and they'll go after the lower-hanging fruit. All these outside offshore offsite solutions just seem to me to be a way to cash in on the situation. I should know, I was going to do just that myself.

I developed a specialized database specifically for retaining complete 2257 records, including ID and document scans. Not something hosted for multiple users, or even one user, but a local database that a producer would install on their own system for use by themselves only. Registered domains for it, started putting a marketing plan together.

Had my attorney review it, he liked it, but his words were "I cannot guarantee that using this database would protect someone from 2257 prosecution. I can't guarantee that anyone would be safe by using any solution. Too many variables in how they run their business." That got me thinking, better to keep this for my own private usage, rather than either having to sell a solution that I'll have to specifically say is NOT guaranteed, or leave myself open to civil liability down the road. Plus, software support sucks, so screw it.

That's longterm thinking. I'd rather be in for the long dollar.

Wow, that rambled a bit. Oh, I don't know what "internet carrier bullshit" you're referring to, I don't recall saying anything about that. Don't confuse me with Aeon, I think you'd agree that we're taking two very different approaches on this subject, i.e. civilized vs. zoo.
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Old 05-21-2005   #45
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nop i am not confusing you with aeon

we are cool there. i understand your point. what i am saying is why bash when we can unite and find a solution.

and why defend the undefendable.


it is just bullshit man the law is targeting then make it hard for the law once it passes. hell USA was built by braking the law. the law of another country.


laws are to regulate but when laws turn to benefit a smaller group or are used to opress a small group then it is not law it is tyranny.


i am just making a point that the law is designed to halt porn not to make it more decsent or better for organized people. and that you are running the risk of running out of customers because there will be no USA traffic depending on how crazy it may get.

i think we agree and sorry if i mixed you up with a group you don't like i just want to broaden perspectives man hell if usa government don't want porn don't give it to them you will see how eveyone will go crazy and make sure a law is passed to overthrow that law that fucked them

thats what i like about USA man people still can make a difference although i dont know what the fuck happened with bush on past elections that was a fucked up decision LOL

peace man nice exchanging opinions with you.
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Old 05-21-2005   #46
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Originally posted by ThrobX+May 21 2005, 07:01 AM-->
QUOTE (ThrobX @ May 21 2005, 07:01 AM)
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Old 05-21-2005   #47
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quick note the internet carrier bullshit i reffered to is that almost all internet backbones are usa based and fiber optics are controlled by them.

but they wont let it go for laws they will adjust trust me they loose more.
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Old 05-21-2005   #48
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The more I think about it the more I see the new 2257 as a GOOD THING!!

If I understand it correctly (which I may not and will have to get further legal council) the operator of an adult website (for lack of a better term) has to have on file a copy of ID and a copy of a signed consent form (model release) both physically and on line

Who is buying (or producing) content without this already?

What this will force is more professional approach by those who aren't currently. All to the good.
May have to remove content that they don't have the proper docs to

Yes a few hobbyist may be forced out or made to make sites with no content, again that all to the good

I may be missing a big piece to the puzzle here as some feel this is the introduction to legal persecution of adult websites in the USA

If you've done everything (and more) by the letter of the law ......
ThrobX has a good point, low hanging fruit
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Old 05-21-2005   #49
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Quote:
Originally posted by Vick@May 21 2005, 09:12 AM
If you've done everything (and more) by the letter of the law ......
ThrobX has a good point, low hanging fruit
Thanks Vick. Those of us who try to stay at the top of the tree (i.e., comply with the law and stay inside common sense content boundaries) shouldn't have much to worry about.
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Old 05-21-2005   #50
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Originally posted by ThrobX+May 21 2005, 10:43 AM-->
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