[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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