was wondering

[ponyboy]

hi
if a web site is outside of the usa, not owned by a usa company does it still need to be 2257?
roy

[Dzinerbear]

That's a yes and no.

The U.S. doesn't have legal jurisdiction to make you do anything.

However, paysites and sponsors, billing companies, and credit card companies can decide that if your site isn't 2257 compliant, then they won't deal with you.

It's the Walmartization of porn: we're big, if you want to play with us, you'll do what we say even though we have no legal grounds to prosecute you if you don't.

Dzinerbear

[Rainbo1956]

That and if you're hosting with a US based host, then yeah you do or they'll drop ya...

But, also what Dzinerbear says is true.

[Dzinerbear]

Ah yes, hosting ... I totally forgot about that one.

Cheers
Dzinerbear

[Chilihost]

not true for hosting, 2257 regs state that hosting companies are not responsible for content on their servers, only the site owners are. And the site owners are responsible for keeping the 2257 information at their primary place of business. If their primary place of business is outside of the USA then they are not technically covered by 2257 laws.

My suggestion is to "comply" by putting 2257 notices on your sites stating that the documentation is kept at your non-US address (which matches your domain ownership info), knowing full well that it is IMPOSSIBLE / NOT LEGAL for regulators to ever check your documentation, therefore impossible to say you are not legal and impossible to shut down your sites hosted in the USA.

cheers,
Luke

[chadknowslaw]

2257 is a law with such good intentions but so lacks in execution. :boo:
My interpretation is that if you are a producer outside the United States, you are not under the jurisdiction of US Law. So, if you are outside the US you are not breaking any law by not having 2257 information [model ID's and releases].

Other companies that you deal with, as mentioned above, may require you to comply with 2257 by placing a link and showing your business address as the location of the Custodian of Records just like Luke says.

Dziner Bear is right--the answer is yes and the answer is no. You are under no legal obligation to comply with US laws if you are not within the United States. However, the other companies you deal with might just force you to comply in order to maintain a business relationship.

This is a good question--and this is a good place to get answers.

[ponyboy]

lets just say
your web site is hosted in gernmany or russia, or just some country outside the god old usa. you do your credit cards with a company in your own country.
than you could just tell the fed's to bugger off, right. I was out surfing around and I found a lot of sites that didn't have the 2257. I think they were from gernamny but not really sure.
next question;
Shouldn’t companies like mancheck and age check, or any company that checks ages of surfing, schouldn't they also check to see that the content is legal and belongs to that site? I wonder how the feds are going to deal with that?
Myself i'm kind of for the 2257 laws, that way you have to prove that you bought or leasted the content. I'm not one that likes paper work, but, it has to be done. I know my account loves paper work. I don't know about you guys but my paper work is in a fire and water proof safe, my cpa has a copy of all the records. Also I have uploaded it to my server. Plus i keep a back up on my ext. hard drive. :hippy:

[Chilihost]

For your second question, I believe the t&c of places like mancheck specifically say that you are responsible for your site content, not them. Policing other webmasters sites would be a paperwork nightmare and pretty much useless as places like mancheck have no direct control over your sites.

cheers,
Luke