2257 and TGP or fake TGP

[sets]

If you have a TGP (thousands of sites) or site with a lot of galleries from sponsors... what about 2257 papers??

[balls_deep]

if you host explicit images you need the docs.

you can link with non-explicit thumbs to fhg's without the docs.

[Hammer]

Either do what Balls suggests or option #3 link to the galleries with text links instead of thumbs or #4 don't live in the U.S.

[pepperlegal]

Agreed. Not much wiggle room on this one.

[sets]

ok
and if I posted galleries of sponsor in tgps?

[balls_deep]

real tgp's will not allow you to submit sponsor hosted galleries, most require that you host all content on your own server.

in order to even submit a sponsor gallery you would need to download it and upload it on your own server.

in short, if there are explicit images on your page you need the docs.

[sets]

I´m use sponsor with free hosted galleries

[theviking]

Originally posted by sets
I´m use sponsor with free hosted galleries

Ain't we all?

[sets]

mmm if I´m affiliate of playboy... playboy will send to me the papers of thousands of models??? lol

[theviking]

Originally posted by sets
mmm if I´m affiliate of playboy... playboy will send to me the papers of thousands of models??? lol

Check out with youre local laws.
You have to attend the laws of youre own country on youre own sites.
I would guess you are not american?

[sets]

my question is: if you are american... how you promoting sponsors stuff? this is the question.

[pyratas]

I'm keeping on this one, or I'll get in trouble from Balls and Hammer.

[artwilliams]

Originally posted by theviking
Check out with youre local laws.
You have to attend the laws of youre own country on youre own sites.
I would guess you are not american?

Not exactly ...

"As a general matter of law, the laws of Congress are not generally presumed to have an extraterritorial effect, and a law will not be construed to work outside the country unless Congress makes it clear that the effect of the law is intended to extend outside the territorial limits the United States. It would therefore appear at first blush that Section 2257 imposes no duty on foreign producers of explicit materials that are created outside the country to acquire identity information and maintain records, to make disclosures, or to make the records available for inspection. Although the American webmaster purchasing images and streams already made can argue that he is not a "producer" under the holding of Sundance (taking the associated risk that this case will not be followed outside the Tenth Circuit and that he may be convicted of a crime), and if his position is accepted by the court, it would appear that there would be no Section 2257 duty to maintain records on anyone with respect to that content. But that may not get him off the hook: The domestic distributor of the images may run afoul of Title 18 United States Code Section 2257 (f) (4) which establishes a crime when materials which have moved in interstate or foreign commerce are distributed without the notice required by the Statute. Moreover, there is cause to suspect that Section 2257 will apply to foreign producers and distributors of content aimed at the American market: In reversing the trial court and in upholding the validity of Section 2257 in 1994, the Court of Appeals for the District of Columbia rejected the plaintiff's contention that the law was unreasonably burdensome because it would apply to overseas content. Reading the Statute as though it would apply to foreign content, the court said: "Foreign producers who wish to peddle their products in the United States should be expected to abide by our laws no less than domestic producers.". American Library Association v. Reno, 33 F.3d 78, 94 (C.A.D.C., 1994). Accordingly, American webmasters should have no involvement with foreign content that is not Section 2257 compliant."

This quote is from http://my.execpc.com/~xxxlaw/primer.html

In other words, if you are a non-American webmaster and your content is aimed at Americans then according to Congress then you must comply with 2257. Now, how you would differentiate Americans from say Canadians or Brits is an interesting question. Also and more importantly, as a foreigner do you have an obligation to comply with the law of another country? To my knowledge this aspect of the law [foreign webmasters not producers] has never been challenged in court.

---art

[pepperlegal]

Bear in mind the practical distinction between compliance and enforcement.

Assume for the moment that you are a non-U.S. based producer (i.e. you are domiciled outside of the U.S. and hosting your content outside of the U.S.), using U.S. talent, and allowing residents of the U.S. to view the content. There is a strong argument that you would be subject to 2257 compliance.

Now assume you do not comply with the 2257 rules. Enforcement will be effectively impossible if you are not personally located within the U.S., or have any assets here. In other words, federal law enforcement could not impose an audit on a non-U.S. location.

This concept is very similar to the anti-gambling statutes in the United States. You violate United States gambling laws if you operate a gambling website outside of the United States and target United States residents. However unless you step foot in the United States or have any assets here, United States law enforcement would need to wait until you enter U.S. boundaries to arrest you.

[theviking]

Originally posted by artwilliams

In other words, if you are a non-American webmaster and your content is aimed at Americans then according to Congress then you must comply with 2257. Now, how you would differentiate Americans from say Canadians or Brits is an interesting question. Also and more importantly, as a foreigner do you have an obligation to comply with the law of another country? To my knowledge this aspect of the law [foreign webmasters not producers] has never been challenged in court.

---art

Ok, i'll start make my sites in hindi.
This is soooooo bollocks.

But yes, if you break american laws formed like this you can get caught if you go to america (wasen't there some gambling scammer that get caught as soon as he sat his foot on american soil?)

Solution : There are soooo many other countries to take the holiday

[artwilliams]

Originally posted by theviking
Ok, i'll start make my sites in hindi.
This is soooooo bollocks.

But yes, if you break american laws formed like this you can get caught if you go to america (wasen't there some gambling scammer that get caught as soon as he sat his foot on american soil?)

Solution : There are soooo many other countries to take the holiday

Here is an related link that I read some time ago:

[Foreign] Porn Site Operator Arrested in Orlando

This gentleman was selling extreme stuff in the U.S. and then took a holiday there! I don't know what the outcome was. I think it is still to be decided.

Edit:

Found it! Here is the outcome.

[porn punk]

There are certain states to steer clear of anyway. They operate like third world dictatorships despite being in the USA. I'd say you're fairly safe in the pacific southwest and Northeast and vicinities to include the surrouding Great Lake Cities

Otherwise carry a bible or wear a habit and start studying intelligent design

[Hammer]

Look, if you live in Amsterdam and you sell bestiality and rape videos to U.S. citizens it's not likely the U.S. government will be able to do much to stop you, but if you're dumb enough to visit the U.S. I won't feel sorry for you if you end up in prison.

On the other hand, if you live in Amsterdam or Prague or any of those other sexually liberal places and you run an average run-of-the-mill porn site with ordinary non extreme porn, I seriously doubt you'll ever have a problem visiting the U.S. and being arrested because you didn't have a 2257 link on your website.

[porn punk]

Actually, being of suspicious nature, I find it hard to believe that he was (actually) arrested for obscene material visiting from Brazil and all. It's hard to believe resources were put to use to surveill a guy over such a matter and know when he was going to be visiting.

But it's a fair enough law and useful for pulling the Al Capone thing on some target. I don't think 2257 helps you against obscenity charges though. I'm not certain age is the issue

[theviking]

Originally posted by Hammer
Look, if you live in Amsterdam and you sell bestiality and rape videos to U.S. citizens it's not likely the U.S. government will be able to do much to stop you, but if you're dumb enough to visit the U.S. I won't feel sorry for you if you end up in prison.

I live in a country where you can get a few (10~ years) sentence just for having porn physically on youre hdd. After american rules, every visitor(tourist) in this country can be jailed for 10 years or more.......

American laws are fucked up, and i solely hope everyone that can do so, don't will give the rats ass about them.

American laws are close to paranoia, and i do hope americans enjoy them.(You _can_ vote!)

Still.... the rest of us couldn't care less, and are using them only when it benfit us.