Are we taking 2257 too seriously?

[JenC]

There was a debate on another board of being blase about 2257 new rules. Here's a direct quote:

Talk to a lawyer and esablish a level of risk you're comfortable with. Persoanlly I would not worry about it at all. Try to remeber a couple things.

1. You're not showing anything illegal by putting up porn.
2. You're not a #1 target (someone like Flynt is gonna get it first)

The whole attitude on that board seems to be like that. I've seen quite a few threads on this board of "sky is falling" posts that I know have differed from this attitude. Do you think we're overreacting or they're being too naive?

[stuveltje]

i am not gonna freak out about rules which arent sett yet, if i buy content or use sponsor content i use the 2257 they provide me, and thats it. I think on this moment they are to much stories about the 2257

[Surfn]

IMO it is overreacting. How can your react when something has not been implemented? If and when it is implemented then you may want to react or not. I doubt that I will change anything I do.

[kristian]

I'm not worried.

However, I'll say this, I doubt Flynt would be the first target; not if they have any brains. Their intention seems to limit / crush internet porn. Flynt is only a small part of the industry as a whole.

The key is to crush the free porn sites and the low-end pay sites / sponsors. Putting a few link list, mgp / tgp, paysite oweners behind bars would cause mass panic. The result would be a MASSIVE drop in internet porn.

The small players in this industry (anyone making less then 2 million a year) make up the majority....

Having said all that...I truly say fuck it. Invest in some artillary. If the fed come knocking, blow the fuckers to hell |raygun|

[chilihost]

I am not worried cuz I am prepared!
1) I am changing my sites so every one of them has a 2257 link.
2) I am getting non-sexually explicit banners made for my affiliates
3) I have a legal opinion stating that the location of your hosting is irrelevant which covers my hosting activities
4) I have backup non-us hosting for not only myself but all my hosting clients in case a mass exodus is required
5) All my content is legal and licensed anyway, its just a matter of getting the paperwork in order

And most importantly:
6) my primary location of business is not located in the USA! If it was, I would be very concerned.

cheers,
Luke

[Ms Naughty]

Chilihost, just out of curiosity, do you have recommendations for non US hosting companies?

I know someone who is trying to find a European host but she's having trouble because they don't speak English...

[RawAlex]

Yes, it is over-reacting, as I have not seen anything that says "these rules are going into effect". Seems like they were posted as a bit of a scare tactic, and they are being left to die in the middle of the election. As they haven't acted already, I doubt they will be enacted before November 2nd, IF AT ALL.

More importantly, a copy of the rules, almost word for word, was shot down by a federal court about 6 years ago. They said only elected officials (congress, house, president) are permitted to make new laws or modify existing ones. This is clearly more than just a clarification, it creates whole new classes of people who have been retroactively breaking the "law".

it won't stand up.

If I was in the US, I would pay VERY close attention. Outside, well... patience.

Alex

[chilihost]

Originally posted by grandmascrotum
Chilihost, just out of curiosity, do you have recommendations for non US hosting companies?

I know someone who is trying to find a European host but she's having trouble because they don't speak English...

I have a Canadian data centre for dedicated servers and I am working out a contract for a UK data centre too. I am starting out only with dedicated servers and the pricing will be just a bit more than our normal prices but if you want you can refer your mate to me, my email is sales@chilihost.com

cheers,
Luke

[RawAlex]

Offshore hosting is nice, but I can tell you that if you are an american citizen running an american business, the location of your servers is EXTREMELY moot.

Offshore servers will only work if you move your company AND yourself out of the jurisdiction as well. Even at that point, if it looks like you are moving only to avoid prosecution, well...

Don't be jumping through hoops until you talk to a lawyer.

Alex

[tickler]

So I run across a TGP that is using the new Cormus thumbs script.
You now have to enter an URL for your 2257 info.

Now I have TGPs forcing me to be compliant with US laws and I ain't even American.

Gotta figure that the other scripts will include it soon also.

[chilihost]

Originally posted by tickler
So I run across a TGP that is using the new Cormus thumbs script.
You now have to enter an URL for your 2257 info.

Now I have TGPs forcing me to be compliant with US laws and I ain't even American.

Gotta figure that the other scripts will include it soon also.

What's the big deal? Assuming your content is legal, all you have to do is create a page with your business address on it and say that's where your records are stored. Lets not forget that if you are not an American, you don't have to keep meticulous records and you don't have to have your books open for inspection either. You just have to comply with your own laws which likely means you should have the ability to prove they are >18.

too easy, mate!


cheers,
Luke

[Mishi]

Originally posted by JenC
There was a debate on another board of being blase about 2257 new rules. Here's a direct quote:

The whole attitude on that board seems to be like that. I've seen quite a few threads on this board of "sky is falling" posts that I know have differed from this attitude. Do you think we're overreacting or they're being too naive?

Not to be a snob, but...well, okay, I'm being a snob. I wouldn't take advice on drinking tap-water from someone with that level of spelling and grammar, much less base any business decision on his/her opinion.

That said...the initial advice seems sound. Talk to a lawyer, determine your comfort zone, take it from there.

Personally, I've been in "wait-and-see" mode for the last couple of months, and using the time to make sure my ducks are in a row.

All businesses face regulation of some sort or another, and those who fail to take those regulations seriously risk serious repercussions. However, many comparisons fall flat when it comes to the adult internet biz, as we are, in a very big way, publishers, and publishers enjoy the benefit of certain protections (thanks in no small part to that pesky first amendment the current U.S. administration finds so troublesome).

In summary, I think it's obviously foolish to ingnore the regulations. However, I also think it's premature to panic about them. Run you business in a legal manner, pay your taxes, and if gives you immumity, for GOD'S SAKE don't give it up, and you should be fine.

[andrej_NDC]

Originally posted by kristian
I'm not worried.

However, I'll say this, I doubt Flynt would be the first target; not if they have any brains. Their intention seems to limit / crush internet porn. Flynt is only a small part of the industry as a whole.

The key is to crush the free porn sites and the low-end pay sites / sponsors. Putting a few link list, mgp / tgp, paysite oweners behind bars would cause mass panic. The result would be a MASSIVE drop in internet porn.

The small players in this industry (anyone making less then 2 million a year) make up the majority....

Having said all that...I truly say fuck it. Invest in some artillary. If the fed come knocking, blow the fuckers to hell |raygun|

well, if they put every US webmaster into jail, less competitors for the EU guys. :-)))))

j/k