[Foundation-l] Legal requirements for sexual content -- help, please!

[Still Waterising]

I was just about to post that same section.
 From 2257(h)(2)(B)) exception to record keeping:
(v) the transmission, storage, retrieval, hosting, formatting, or  
translation (or any combination thereof) of a communication, without  
selection or alteration of the content of the communication, except  
that deletion of a particular communication or material made by  
another person in a manner consistent with section 230(c) of the  
Communications Act of 1934 (47 U.S.C. 230 (c)) shall not constitute  
such selection or alteration of the content of the communication;

What I would define as "communication" is the image page created by  
the logged in user. That user created to page, selected and uploaded  
(inserted) the image onto Wikimedia's servers. That person could be  
viewed as a primary (if own image) or secondary (if transferred image)  
producer. These individuals need to follow 18 USC 2257 record keeping  
guidelines.

 From there, volunteers (like myself) tag, categorize the page, and  
start Deletion Requests (likely acceptacle under the Good Samaritan  
clauses of (47 U.S.C. 230 (c)).

However, when that image is selected for reuse (and not in an  
automated way, but by an actual human) on an article page, user page,  
or off-wiki that person also becomes a secondary producer.

2257B(g) simply refers to 2257(h) above, so I'm not sure why Mike even  
mentioned it.

(g) As used in this section, the terms “produces” and  
“performer” have the same meaning as in section 2257 (h) of this  
title.

On May 21, 2010, at 9:13 PM, Mike Godwin <mnemonic at gmail.com> wrote:

> 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
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