Mike,
The provisions of 2257 that I find concerning and potentially relevant in the present
case are (h)(2)(a)(iii) and (f)(4).
(h)(2)(a)(iii) defines producing as uploading a picture, which appears to mean that
uploaders must keep records for their photographs. It also appears that the legislative
intent was for the record statement to be affixed to the material in question, something
that isn't currently happening. This is stressed in (f)(4), which makes it unlawful to
use any material without the requisite notice affixed to it.
I suspect that the Foundation isn't liable here in cases where it has not been made
aware of potential violations. Section 230 probably applies up to the point where the
Foundation refuses to take appropriate action.
I'm not a lawyer though, so I might be wrong here. What do you think?
Geoffrey Plourde
________________________________
From: Mike Godwin <mnemonic(a)gmail.com>
To: foundation-l(a)lists.wikimedia.org
Sent: Fri, May 21, 2010 7:13:18 PM
Subject: Re: [Foundation-l] Legal requirements for sexual content -- help, please!
Stillwater Rising writes:
Hosting these images without 18 USC 2257(A) records, in my opinion, is a *
no-win* situation for everyone involved.
This raises the obvious question of how you interpret 18 USC 2257A(g),
which refers back to 18 USC 2257(h) (including in particular 18 USC
2257(h)(2)(B)). I'll be interested in hearing your thoughts about the
interaction and interpretation of these related statutes (as well as of the
interaction between 18 USC 2257(h) generally and 47 USC 230 and 231,
referenced within section 2257.
--Mike
_______________________________________________
foundation-l mailing list
foundation-l(a)lists.wikimedia.org
Unsubscribe:
https://lists.wikimedia.org/mailman/listinfo/foundation-l