View Full Version : WEBHOSTING & 2257 Let's Discuss...
As many of you are aware, the record keeping and inspection requirements of the Child Protection and Obscenity Enforcement Act of 1988, 18 U.S.C. § 2257 et seq. (as amended) were recently amended by the Department of Justice. The amended regulations, which take effect on June 23, 2005, include a number of significant changes from the current regulations. Compliance with the amended requirements is likely to prove both complicated and expensive for providers of adult content.
Many customers have inquired about the impact the amended regulations will have on Webair. Webair does not maintain records under the current § 2257 regulations because, as an Internet Service Provider, Webair does not believe it falls within the definition of a “producer” of adult content for the purposes of § 2257. The amended regulations include two new sections, CFR part 75 (c)(4)(iv) and (v), that specifically relate to providers of hosting and electronic communication services. As Webair interprets them, the new sections do not impose any new obligations on hosting providers.
As amended, CFR part 75 (c)(4)(iv) provides that “[p]roducer does not include persons whose activities relating to the visual depiction of actual sexually explicit conduct are limited to the following: . .[a] provider of web-hosting services who does not, and reasonably cannot, manage the sexually explicit content of the computer site or service”. CFR part 75 (c)(4)(v) similarly excludes “[a] provider of an electronic communication service or remote computing service who does not, and reasonably cannot, manage the sexually explicit content of the computer site or service.” In adopting these sections, the DOJ noted:
Twenty-four commenters commented that the exclusion of providers of web-hosting services who do not manage the content of the site or service is vague and may be under-inclusive because some services manage or control certain website content, e.g., advertisements, but not the sexually explicit content. According to the commenters, it is similarly unclear whether editing content only for copyright infringement purposes would constitute control of content. The Department adopts this comment. The exclusion of providers of web- hosting services who reasonably cannot manage the content of the site will be clarified to exclude providers of web-hosting services who reasonably cannot manage the sexually explicit content of the site (for either technical or contractual reasons).
For both technical and contractual reasons, Webair does not, and reasonably cannot, manage the sexually explicit content that its clients place on its servers. Accordingly, Webair does not anticipate any change in its day-to-day operations as a result of the amended regulations.
Lets discuss...
ChemicalEyes
06-02-05, 10:40 PM
Welcome to B&B!
Nice post, good info Mike, thx :drink:
and to bring up a question I know you already answered.. but people will be thinking this: If the DOJ told you to shut a site down would you?
Welcome to B&B!
Nice post, good info Mike, thx :drink:
and to bring up a question I know you already answered.. but people will be thinking this: If the DOJ told you to shut a site down would you?
I can't say they couldn't make us shut an account 100% confidently, but there's no provision in 2257 that would allow them to order a host to shut a site down through the webhost. I would imagine they would contact the site owner directly if they were operating outside of the guidelines set forth.
Welcome Mike
From a UK webmasters point of view. Surley having a link to our 2257 info means the end of story. If the DOJ sees we are compliant wouldnt that be an end to it? Webair wouldnt need to shut anything down if the DOJ cant see us breaking there law.
Also couldnt webair set up the data centre in Europe?
Welcome Mike
From a UK webmasters point of view. Surley having a link to our 2257 info means the end of story. If the DOJ sees we are compliant wouldnt that be an end to it? Webair wouldnt need to shut anything down if the DOJ cant see us breaking there law.
Also couldnt webair set up the data centre in Europe?
Of course if you are compliant we, nor the DOJ sould touch you.
We currently have space in Amsterdam and are working on London expansion
ChemicalEyes
06-02-05, 11:06 PM
Of course if you are compliant we, nor the DOJ sould touch you.
We currently have space in Amsterdam and are working on London expansion
Mike got a rough idea on when Webair might have facilities available in London?
Of course if you are compliant we, nor the DOJ sould touch you.
We currently have space in Amsterdam and are working on London expansion
London hosting? Would the bandwith be US prices or UK prices? Last time I got a price from the uk they hadnt heard of bandwith. He said it was all inclusive. I pointed out I used just over 10mpts and the he wanted £3.50 a gig :takethat:
ChemicalEyes
06-02-05, 11:10 PM
I pointed out I used just over 10mpts and the he wanted £3.50 a gig :takethat:
LMAO! :smoke:
I'll have all pricing available tomorrow i believe ill let you know as soon as i do.
I'll have all pricing available tomorrow i believe ill let you know as soon as i do.
Great. I think Mike and webair are a fantastic host. By far the best Ive ever had! I would hate to have to move
Haven't really taken much notice of this 2257 bollocks on the basis I don't have a vote on who's the American president. Can someone kindly summarise if there is anything I really do need to know?
Or can I just keep ignoring American politics?
ChemicalEyes
06-03-05, 03:39 PM
Haven't really taken much notice of this 2257 bollocks on the basis I don't have a vote on who's the American president. Can someone kindly summarise if there is anything I really do need to know?
Or can I just keep ignoring American politics?
Ignore it with one eye open.
Ignore it with one eye open.
and the other eye on this forum..... Well keep you updated with our armchair lawyers advice
ChemicalEyes
06-03-05, 04:02 PM
and the other eye on this forum..... Well keep you updated with our armchair lawyers advice
armchair lawyers are the best :smoke:
armchair lawyers are the best :smoke:
Yep, but when you end up in court, suddenly my internet connection wont work :gallery:
Haven't really taken much notice of this 2257 bollocks on the basis I don't have a vote on who's the American president. Can someone kindly summarise if there is anything I really do need to know?
Or can I just keep ignoring American politics?
Might be worth having a read here of my attempts to summerise it up from a UK webmasters point of view http://www.beerandbollocks.com/forum/showthread.php?t=18
NumptyNuts
06-03-05, 05:26 PM
Buy British - Promote British then you don't have to worry about little things such as 2257 :)
japamor
06-03-05, 05:39 PM
Excuse me ignoring all the important stuff but I've just noticed Rosie's penguin Sig - wonderful! :)
Buy British - Promote British then you don't have to worry about little things such as 2257 :)
Interesting theory dude
Excuse me ignoring all the important stuff but I've just noticed Rosie's penguin Sig - wonderful! :)
Great innit? :) I haven't got anything to promote so I thought I'd amuse instead :)
Ignore it with one eye open.
Sound advice I think here. Somehow the thought of complying with any foreign laws just makes me want to :ugly:
lostmind
06-03-05, 07:34 PM
Hi all...
Just another point of view on this 2257 madness.
I'm no lawyer (gotta preface every opinion with this nowadays), but the way I've interpreted these new regs is pretty simple - if you do business in any form thru the USA, you must comply or risk some pretty annoying consequences. If your billing is provided via a US processor, you can be shut down, if your hosting is in the USA, your server can be confiscated, if you sell content, your clients in the USA will need 2257 docs and this may cause you to violate laws in your own country, etc...
And, the best part is the poor USA webmasters are screwed no matter what they do. If they try to incorp outside of the USA and move everything (hosting, processing, etc) out of the USA, it seems the 2257 regs can still bite them in the ass... something to do with where the business is actually operated from.
I personally would have overlooked this whole fiasco if I wasn't receiving a bunch of emails from webmasters looking to switch hosting to outside of the USA. I have only read a bunch of threads on the subject and formed my own opinion. Could be entirely incorrect.
I personally hope the regs are over turned, but it seems unlikely.
It also appears that a lot of foreign webmasters are pulling out of USA based services... and a lot of USA based service providers are suddenly offering services operating in foreign countries. Interesting times.
It also appears that a lot of foreign webmasters are pulling out of USA based services... and a lot of USA based service providers are suddenly offering services operating in foreign countries. Interesting times.
What with this & the xxx domain malarky, next 12 months or so could be very interesting times indeed :-/
Welcome to B&B Shane :drink:
Following on from what Lostmind has mentioned, how can we as UK webmasters protect ourselves further? Bearing in mind I intend to comply to the best of my ability and on the assumption that they arent going to turn up on my doorstep here in Blighty, here are some other backups Ive been thinking about:
1) Hosting. Hosting outside of the US especially with a lot of hosts stepping up to the plate. Also the prices arent OTT.
2) Processing. I havent launched my program as yet but it will be up within a few weeks hopefully but I am already toying with EU based processors.
3) Domains. As a back-up I have purchased the .co.uk versions of my TGP names plus the names of our first 2 paysites.
4) Content. It goes without saying that all content will have 2257 compatible documentation but its worth a mention.
Anyone got any others I may have forgotten about?
:drink: :drink: Following on from what Lostmind has mentioned, how can we as UK webmasters protect ourselves further? Bearing in mind I intend to comply to the best of my ability and on the assumption that they arent going to turn up on my doorstep here in Blighty, here are some other backups Ive been thinking about:
1) Hosting. Hosting outside of the US especially with a lot of hosts stepping up to the plate. Also the prices arent OTT.
2) Processing. I havent launched my program as yet but it will be up within a few weeks hopefully but I am already toying with EU based processors.
3) Domains. As a back-up I have purchased the .co.uk versions of my TGP names plus the names of our first 2 paysites.
4) Content. It goes without saying that all content will have 2257 compatible documentation but its worth a mention.
Anyone got any others I may have forgotten about?
Put a link up to your 2257 statement and forget it. Cant see the DOJ turning up in new britainshire can you. With ref to hosting, take a look what Mike ssays above :drink:
No but I dont want the cocksuckers going after my domains hence I am backing up with the .co.uk's.
vBulletin® v3.7.2, Copyright ©2000-2012, Jelsoft Enterprises Ltd.