[Foundation-l] Legal requirements for sexual content -- help, please!
me at marcusbuck.org
me at marcusbuck.org
Thu May 20 18:41:11 UTC 2010
wjhonson at aol.com hett schreven:
> You are missing the key point. The pivot upon which the issue turns
> is not whether or not a site is non-commercial or educational. The
> pivot is whether the site itself creates the content, or whether it
> merely hosts the content.
>
> Wikimedia Commons is more likely to be viewed as a host agent like
> Flicker or Facebook, and not a creator.
> A host does not have a legal requirement to maintain any records of
> this sort.
I am not a US citizen and I do not know US laws. But if law requires
record keeping for explicit content so that it is possible to verify
that the content is legal, it's meaningful that re-users also keep the
name and contact info of the person who keeps the initial USC 2257
records. That way the content stays traceable. So I agree with what
Stillwater Rising said:
> To clarify, I did not then and still do
> not believe OTRS should be directly handing Personally Identifying
> Information (PII) for sexual content, but should have a way of verifying
> that it exists by at least keeping on file the name and address of the
> individual(s) who are keeping the records.
Marcus Buck
User:Slomox
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