Again for the sake of the argument and with respect for everyones opinions; (which I enjoy reading
)
Telemarketers commit a crime in the US. What the crime is, is not relevant.
By hosting on US servers content that contravenes a section of US law is to commit a crime in the US. Because they can't arrest you today does not mean they can't put you on a list to arrest tomorrow.
It took the US years to bring Canada on-side with reference to telemarketers.
How fast or slow Canada would come on board with this issue is impossible to know.
The undeniable fact is, there exists a level of co-operation between US and Canada.
I think taking the stance that you are not physically located in the US
might create a problem some time down the road.
In reference to the distribution/publishing issue, I don't see how a US based adult web hosting company will be able to flaunt this law and make it the problem of their customers.
I would imagine that the first place to feel the heat would be large, well established adult web hosts.
I think the only way to skirt the issue entirely is to make your biz all Canadian.
Of course one can just make the transition and simply comply with 2257.
Again for the sake of the argument and with respect for everyones opinions.