Text links, FSC and 2257?

[Wenchy]

IMHO, there is definitely a difference between "illegal" content and content that is not properly documented. Pornography in and of itself is not, by law, illegal; thus, using text links to send traffic to a pornographic website is not illegal. Plus you do have freedom of expression in your corner.

Either way, a site that you are linking to is not your responsibility... if the owners/operators are not compliant as far as documentation, it is not a reasonable expectation under the law that every affiliate signed up to advertise that site will have knowledge of their level of compliance. 2257 applies to content residing on your server, and if you don't have the content you aren't required to have the documents.

Of course, IANAL and I do see your point... and I'm just anti-establishment enough to see outside the box and get a real good view of a realm of possibilities as far as "yeah, you did this and that's cool, but over here in THIS chapter..." However, the logical part of my brain believes the powers that be have enough on their plates without playing one regulation off of another like some twisted game of regulatory roulette. Only time will tell...