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

[Stillwater Rising]

There's been many legal opinions presented in this forum, but the one that
really matters is that of the Office of the Attorney General. I would
suggest that Mike Godwin contact Assistant Attorney General Lanny A. Breuer
(AskDOJ at usdoj.gov <askdoj at usdoj.gov?subject=USDOJ%20Comments> or (202)
514-2000) and report back to the Foundation as to what his recommendations
are.

*Legal Resources:*
DOJ 2257 Compliance Guide:
http://www.justice.gov/criminal/optf/guide/2257-compliance-guide.html
National Obscenity Law Center: http://www.moralityinmedia.org/nolc/index.htm
Florida obscenity  law:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0847/SEC0135.HTM&Title=->2000->Ch0847->Section%200135.htm<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0847/SEC0135.HTM&Title=-%3E2000-%3ECh0847-%3ESection%200135.htm>


On Thu, May 20, 2010 at 1:41 PM, <me at marcusbuck.org> wrote:

>
> 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
>
>
>
> _______________________________________________
> foundation-l mailing list
> foundation-l at lists.wikimedia.org
> Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/foundation-l
>