Non US webmaster + US hosting, is that safe?

[Ben]

If a non-US webmaster hosts his sites on a server located in the US, should he be worried because of 2257?



And another question:

Today I made something that's supposed to function as my 2257 compliance page. I tried to say as little as possible about myself, with my country prominently placed in the middle of the text as the main US DOJ deterrent

Possible European 2257 compliance page?


Do you think the format is ok? (I do not intend to comply with the newest 2257 law, but I do have all the models' IDs etc.)

[Dzinerbear]

I'm a non-US webmaster. I'm more concerned about the obscenity task force than the 2257 regulations. After all, I could put any address I want on the custodian of the records page, and the no one is going to know if it's real or not because no one will be coming to Canada to check it out, nor can they request Canadian police come and check it out.

I am, however, very concerned about a bunch of Republican Christians deciding what is obscene or not. So I'm moving my sites out the of the U.S. I don't believe that this will offer me 100% protection, but I figure it's easier for them to shut down servers in their own country. I don't imagine there's a lot they can do about foreign servers. However, I wouldn't put it past them to pass some lame-ass Patriot-like act with far-reaching whacko ramifications.

And speaking of whacko's ... did anyone catch Dubya calling the president of Luxembourg a "piece of work?" Did you see Bush actually ask the guy if he minded being referred to as a "piece of work?" Poor Dubya, the man really should refrain from talking unless Condelese's hand is inserted in his back.

dzinerbear

[Ben]

I am, however, very concerned about a bunch of Republican Christians deciding what is obscene or not. So I'm moving my sites out the of the U.S. I don't believe that this will offer me 100% protection, but I figure it's easier for them to shut down servers in their own country. I don't imagine there's a lot they can do about foreign servers. However, I wouldn't put it past them to pass some lame-ass Patriot-like act with far-reaching whacko ramifications.

But since you're a Canadian, their obscene task force has no jurisdiction over you, just as their newest 2257 law doesn't apply to you. So I don't quite understand why you would be concerned more about it than with 2257?


Speaking of which, it's unclear what the Christians consider to be "obscene".

I'm reading an article about their definition of obscene cases, and their latest ... achievements. Some excerpts (bold letters added by me):


-----------------------
The Department currently has obscenity
indictments pending against 19 persons or entities. The focus
of the Department’s efforts is in the Child Exploitation and
Obscenity Section (CEOS). From calendar years 1993 through
2000, CEOS handled only 4 obscenity prosecutions. From
calendar year 2001 through February 1, 2005, CEOS has
obtained convictions in 11 obscenity prosecutions involving
receipt, distribution, or transfer of images of adult obscenity,
and related charges; has pending indictments in 5 cases; and
is currently handling approximately 15 active investigations,
with many more in preliminary stages. These numbers reflect
a more than 675% increase in CEOS obscenity prosecutions
over the prior eight years.

It is significant that, after September 11th,
2001, the Department of Justice maintained its commitment to
enforce many domestic criminal statutes that affect the quality
of life, the tone of commerce, and the welfare of the family,
including violent crime, drugs, corporate fraud, use of the
Internet as a criminal tool, and obscenity, as well as child
pornography, sexual abuse, and trafficking in women and
children for prostitution and servitude.


CEOS has initiated
many new obscenity cases, along with all of the other cases
and initiatives they manage for child protection and
exploitation. Several of the initial cases involved extremely
violent or deviant materials, which had become available in the
marketplace since 2000 and could not be ignored, by the public
or by law enforcement.

As evidence that the Department and federal agencies are
committed to enforcing federal obscenity statutes against all
levels of corporate and individual offenders, as well as the use
of various technologies and methods of trafficking in obscene
materials, the 38 adult obscenity convictions adjudicated from
2001-04 involved large and small scale Internet-Web
operations, mail-order fulfillments, and common carrier
shipments, as well as the operator of several “adult” hard-core
pornographic obscenity book + video stores.

On Friday, June 11, 2004, the lead defendants entered guilty
pleas before U.S. District Judge Harry Lee Hudspeth in the
Western District of Texas at Austin in the case of U.S. v. John
Kenneth Coil, et al. Trial was set to begin Monday, June 14, on
racketeering, obscenity, and tax fraud and falsification charges.
Owner-operator John Kenneth Coil pled guilty to obscenity
under 18 U.S.C. § 1465 for interstate transportation of an
obscene film entitled “Nympho Bride” and to a count of Mail
Fraud under 18 U.S.C. § 1341 for mailing a fraudulent tax
return in a scheme to defraud the IRS. He agreed to disclose
information on his enterprise and operations to law
enforcement, to testify truthfully, and to forfeit all his
enterprise properties within the State of Texas, amounting to
over 40 pieces of realty and hard-core pornography stores
throughout the State. He was sentenced to serve 63 months
and forfeit over $8 Million in properties that were used in
furtherance of these offenses. Seven of his employee or family
member associates also pled guilty to committing or facilitating
various tax or tax evasion offenses. Two received jail terms,
one for 42 months and another for one year and one day, and
the other five received probation for three years.

The Factual Basis filed by the U.S. Attorney’s Office in support
of the Plea Agreement names all the films charged as obscene
in the Indictment, which were hard-core adult pornography
videos characterized as typical and representative of the
inventory at the “adult” bookstores and video-stores, depicting
ultimate sexual conduct between adults with penetration
clearly visible. (See also the Press Release on Coil’s plea.)
-----------------------------

Again, if their main mission is to prosecute CP offenders, how come this

hard-core adult pornography videos characterized as typical and representative of the inventory at the “adult” bookstores and video-stores, depicting ultimate sexual conduct between adults with penetration
clearly visible.

came to be obscene and viable for prosecution??

I'm stunned.

[Dzinerbear]

Yes, but if my sites are hosted in the U.S., which they currently are, then isn't my citizenship irrelevant? Can they just go to the U.S. host and have them shut down? Whether they can or can't, I've decided that, for my own peace of mind, it's better off that I move my sites.

dzinerbear

[Chilihost]

if you are a non-USA webmaster and host in the USA, it is still unclear if the DOJ can declare the server as your "primary place of business" and shut it down on you.

My suggestion is to put up 2257 links and statements saying you are fully complying (you know they cannot come knocking demanding to verify your records nor can they ask local officials to do so as no other country in the world has 2257 regulations under which they can act). If nothing else this will buy you time.

Then get your sites to an offshore webhost...I know a good one if you want

cheers,
Luke