My thoughts on all the 2257 announcements...(RANT)
 

Complete bullshit. This is as bad as Bush telling everyone there are WMD's and that Iraqi Information Minister saying there are no US troops in the city while they roll in behind him.

(This does not include sponsors that will be sending out documentation on ALL CONTENT they have ever given to affiliates)

Why is it bullshit?

First of all, they keep bringing up June 23rd. It seems most have decided they just won't offer explicit content to affiliates, some will give it to affiliates making sales currently, and several other half assed attempts to ease the minds of webmasters. BULLSHIT It seems 99% of American webmasters now think this is the magic day and as long as you have everything down by then you are OK. From my understanding THIS IS DEAD WRONG.

What the hell are you talking about silly Canadian?

I'll tell you. First of all June 23 is an important day because EXTRA regulations go into effect. That's the date you have to start crossreferencing and all of the pain in the ass work that is giving everyone fits. However, by spewing this date over and over the programs that have made an annoucement are pulling the wool over webmasters eyes. They know the average webmaster won't read shit and is waiting on them for guidance.

This would be all fine and good except the regulations also call for specific documentation for ALL CONTENT PUBLISHED AFTER X/X/1995. It was also said that this is retroactive to 1995. This means that if you have EVER published an explicit image on your site then you need the documentation that is called for under the regs for content published after 1995. You also have to keep it on file for YEARS. Simply ripping the content down won't help, you need the documentation to comply!!! And to top it off affiliate programs are REFUSING TO GIVE IT OUT. This is even though it's also part of the regs that if you refuse to give out the documents you are breaking the law.

So what's up sponsors, you trying to pull the wool over affiliates eyes so they won't request the content therefore not making it your fault? Don't tell me you paid all these brilliant lawyers for advice on what to do about the June 23 regs but failed to get answers on stuff published up until that day.

I in no way agree with the regulations. I think they are a crock of shit and hope they are overturned so we can get back to business as usual. I also believe that a sponsor program that is leaving you hi and dry shouldn't be on here acting like they are doing the right thing by their affiliates.

**Disclaimer**
I AM NOT A LAWYER, THIS IS MY OPINION. READ ABOUT THE REGULATIONS YOURSELF AND CONSULT YOUR OWN LAWYER BEFORE DECIDING WHAT THEY MEAN TO YOU.

Donate your money to the earmarked fund at the Free Speech Coalition.

What good will that do when my friends are hauled off to jail in the meantime?

well, it would be a nice weight to have behind them should that happen and they are the ones fighting to stop it from happening in the first place.

Sure I think the FCC is grand. However if they are shot down everyone will have had to been compliant from day 1. Most sponsors keep saying we'll get you compliant on the 23rd or take all explicit images down. If you take down an image that was explicit but do not have documents you can go to jail! This is no minor thing here. If you are going to leave an affiliate out on a limb at least tell them the truth about it so they can seek counsel on how to proceed. I think this is ridiculous and a shitty way to do business. :2 cents:

The point is correct. If you have been posting explicit content since 1995 you need the docs. If you relied on Sundance the DOJ is saying too bad, we do not accept the ruling. Unless you happen to live in the 10th circuit Sundance is not law for you and even if you do I would not put my faith in the ruling.

Sponsors have a problem if they disributed explict content since 1995 and will not provide documentation, affiliates also have a problem. The key and as of yet unanswered question is how DOJ plans to waste it's assets enforcing these rules.

If used as Congress intended they would only visit people who post images that might be underage; however this is the BUSH administration and this provides a wonderful tool to harrass the entire industry. It is much easier to jail you, or just offer you a plea to shut down, for not having the correct records than to prove any real crime.

Sorry guys, I worked a prosecutor for a short while and they will use any weapon at their disposal to get a conviction.

This is exactly the point I have been trying to tell everyone in several other posts but including the Matrix post but no one will listen to me. My lawyer has told me exactly what you are saying Probono.
Thanks for saying it again.

Jayde
http://www.hotindianbabe.com

A few people have been mentioning this on GFY but the posts almost always get ignored. I don't get it, really I don't.

It's called DENIAl, based on whatever reasons that fit their agenda ....

The name of the game is : PROTECT YOURSELF as much as you can , including removing content with no available docs, make sure that whatever docs are legitimate and conform, move your hosting out of the US, use a foreign ( EU ) based corp, use foreign banks... basically get the fuck out od JesusLand ....

There is nothing to say that they can't/won't visit you, however, "the intent of the Legislature" has always been an effective defense.
:2 cents:

This is true but how much money do you have to pay a lawyer to make your point?

Yes it is called denial. But moving out of US won't solve your problems either. Yes right now being a US citizen or resident is a problem because of it's laws but it's also a plus, nowhere else will you be protected also because of being in the US: it's called the First Amendment!
The First Amendment protects us from fanatics like Bush and the right wing.
Remember where ever you go, problems follow, it's better to stay and solve the problem.

Jayde
http://www.hotindianbabe.com

No one is compliant anyways. All these announcements are worthless. If any of their servers get pulled, something on there will not be compliant. The new regs are so broad it's virtually impossible to comply, especialy with an older jury. The whole point of the new regs is not to "control" everything, its to shut down as many as possible and eliminate us. Which will never happen but the point is, according to the DOJ, no one is remotely close to being safe.

So they definately shouldn't be on here saying all is ok if you remove the hardcore, you get no ID from us. :2 cents:

The fact is, if you dont want a hassle, you shut down. Thats their goal, and unfortunetaly they are begining to succeed. If no injunction happens and this shit is enforced to the max, before you know it the 2257 will be updated again and no soft content will be allowed.

And this is what the general public sees and maybe reads:


Porn Industry Sues To Prevent New Child Porn Rules

:disgust

Man don't you hate that kind of spin?

What sucks too is if you do get arrested for a violation the headline in your local paper will be "YOUR NAME arrested for violation of child porn laws"

After that....it doesn't matter whether you beat the case or not...it's time to move. :disgust

And this is why we can expect no outside help. As far as the public is concerned this just a law to protect children.

Ah, the good old slippery slope....