Canadians and 2257

[RawAlex]

Okay, here is my take:

The key to 2257 is where the publishing takes place. The publishing of my websites is from my office in Montreal. It doesn't take place anywhere in the US. I may have servers in the us, but they are merely distribution points, not actual points of publication (there is nobody from my company at the servers). Nobody at that point can change or alter the content of the pages or exercise editorial control, so those servers are just distribution points, exempt from 2257 regulations. This is why we don't all have to send copies of the documents to our webhosts.

As I am in Canada, I will adhere to Canadian law. I have licenses for my content, and it is perfectly legal in Canada to publish images of adults having sex. Heck, my local video store also stock peeing and fisting videos.

For models that I shoot for sale outside of Canada, I will require in the future a disclaimer to allow for model information to be revealed as required by 2257. For previous models, I will contact the ones I need to get ahold of and get the documents if they are truly required.

For my video editing customers, I will require no additional documentation, I don't need 2257 documents, I don't need any extra stuff. There is a potential however for an additional document indicating that you are the primary or secondary producer, and that you state that models are of age, you have the documents, and that any requests for documents should be made to you. A copy of that sheet would be put in with any shipments coming from or going to the US.

If Dubya and his merry band of freedom removers attempts to apply the law to me in Canada, I will gladly fight them tooth and nail until such time that they go away. I will not be and not allow myself to be subject to US law unless I am physically in the US.

Alex

[tb]

Originally Posted by RawAlex

(1) The publishing of my websites is from my office in Montreal. It doesn't take place anywhere in the US. I may have servers in the us, but they are merely distribution points, not actual points of publication


(2) I will not be and not allow myself to be subject to US law unless I am physically in the US.

Alex

For the sake of the argument, with all due respect:

(1) - This is a highly debatable item, after all what is the value of publication without distribution?
And what if all of your distribution points are US based?

(2) You should check out the legal proceedings against Canadian telemarketers. Being physically in Canada has given them no protection. They are being extradited on the fast track, procecuted and incarcerated.
The law applies where the crime is committed and Canadian enforcment is working hand in hand with US enforcement. I am not defending telemarketers, however I am curious how this situation would apply to the Canadian adult entertainment industry.

(I am not a lawer.)

[ArtWilliams]

Originally Posted by tb

For the sake of the argument, with all due respect:

(2) You should check out the legal proceedings against Canadian telemarketers. Being physically in Canada has given them no protection. They are being extradited on the fast track, procecuted and incarcerated.
The law applies where the crime is committed and Canadian enforcment is working hand in hand with US enforcement. I am not defending telemarketers, however I am curious how this situation would apply to the Canadian adult entertainment industry.

To your point #2, the telemarketers commited fraud I presume which means you can be extradited to the US because fraud is considered a crime in both countries. There is no comparable 2257 law in Canada.

... art

[tickler]

Originally Posted by artwilliams

There is no comparable 2257 law in Canada.

... art

And the penalties would also have to be similar in both countries. Five years for record keeping violation is pretty harsh.

Alex, I don't know if you are aware, but, Canadian courts have already blocked the US from obtaining personal information from Canadian subsidaries, if the US parent companies were ordered to comply(Patriot Act).

I have seen two different sponsor reactions today so far:

One is basically scrapping everything and starting over from scratch. (Might be an indication that they feel the back dating will survive)

Second sponsor appears as if it will allow non-US webmasters to proceed in a business as usual manner.