FBI does 2257 check

[chadknowslaw]

Does any of this 2257 crap apply to me as im outside the usa? i do try to obey all usa laws that apply to the biz but im wondering if some legal advise is due.

The position of the DOJ is that 2257 applies to you if you do business in the United States. However, the DOJ does not have authority to go into your place of business outside the United States to inspect your records. If you are accused of a crime, such as distributing child pornography, then using proper channels and the authority of treaties the local authorities could go to your place of business and search. This does first require some articulable suspicion and evidence of a crime -- just wanting to check your records for compliance is not significant enough for you to be subject to a search. So, yes, in my opinion 2257 does apply to you but without some evidence of a crime being committed US authorities cannot come to your business outside the US or its territories just to inspect your records.

If you recall one of the executives of an online sports betting company [a company big enough that its shares are publicly traded in London] was just arrested in the United States, even though the company's only real connection to the US was accepting bets from US citizens. Being offshore does not completely insulate anyone from the reach of US law.

[marcjacob]

that clears things up, thanks. i think legal advice might be a good idea anyway. just to make sure everything i do is legal in the uk.

i still think all this 2257 stuff is a waste of time. ive allways argued that legit companies will follow it and cp producers will remain covert. i dont think this stops a single act of abuse, its just more red tape for legit producers


:3ymca: <-- president bush the wolly

[basschick]

the article has updated, btw. more info there than originally.

[Xstr8guy]

Just so I understand... this is an inspection of an adult video producer (primary producer) not an adult website? Hasn't record keeping been a normal part of their procedures for quite a few years already? If so, then why is this such a shock?

[basschick]

it's a shock because

1. they have never done a known inspection till now.

2. many producers aren't that well organized. everyone was so sure this would never happen.

3. there is no reason now to believe that secondary producers will not also be inspected. most people felt that NOTHING would happen during the TRO, and keep in mind that only people who were FSC members when the TRO first happened are covered by it.

Just so I understand... this is an inspection of an adult video producer (primary producer) not an adult website? Hasn't record keeping been a normal part of their procedures for quite a few years already? If so, then why is this such a shock?

[Xstr8guy]

it's a shock because

1. they have never done a known inspection till now.

2. many producers aren't that well organized. everyone was so sure this would never happen.

3. there is no reason now to believe that secondary producers will not also be inspected. most people felt that NOTHING would happen during the TRO, and keep in mind that only people who were FSC members when the TRO first happened are covered by it.

That's it! Starting tomorrow, all of my stuff is moving offshore!

[Ben]

I am from Europe too, but my sites are hosted on US servers.

I don't quite understand why so many people think that moving your sites to an European-based hosting would make much difference, unless you also make sure that you absolutely don't use any of the US sponsors/processors.

If you are still using US processors (e.g. Epoch or CCbill) or AVS/AVN systems (such as UGAS), then switching to offshore hosting doesn't make your business totally independent of USA.

How exactly will the physical location of one's hosting be evaluted by the US Law?