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Old 07-03-2004   #39
Dravyk
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"Accordingly, proposed 28 CFR 75.2(a)(1) would require computer site or service producers to maintain a "hard'' physical or electronic copy of the actual depiction with the identification and age files, along with and linked to all accession information, such as each URL used for that depiction."

There is just so many problems with this wording, and other words, where definitions are required. Everything depends on a) how law enforcement reads it how the webmasters and their lawyers read it c) how a court would read it.

- computer site or service producer

Is that an inclusive "or"?
Is it the one or the other? As in, pick one.

If it is pick one, who gets to pick? Can they come by and say show me and you say "the service provider has it" and that's good? Or do they decide there that YOU have to have it and take you away?

What IS a "service provider"? Is that a content provider? Are they talking about plugins you use on your site where the content is originating at the plugin company?

These are just some questions from that one part. There are many other wordings in that that demand questions or definitions. It's so overly broad it invites judicial review.

Again, though ... can what they ask for be done? If not, it can be overturned. If it can be done, at what time and expense and burden can it be done that THAT would overturn it by their OWN definition?
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