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

[Stillwater Rising]

On Fri, May 21, 2010 at 5:54 PM, <wjhonson at aol.com> wrote:

>
>  The foundation does not "own and operate" the site in the way that Fox
> news owns and operates their site.
> The foundation merely ensures that the site operates, functions, runs.
> It does not edit the contents of the site.  That is the fundamental flaw in
> this argument.
> I really doubt that we are "promoting" the Foundation.  I think we are
> "promoting" (if anything) the contents of the site, which contents are
> created, edited, loaded by the community.  It is the uploader who is
> responsible for any legal issue regarding what they have uploaded.  Not the
> foundation.
>
> That is how the Wikimedia sites differ from a typical site.
> In the same way, Facebook is not legally responsible for some member
> uploaded nude pictures of their ex-boyfriend to their page.
> The user doing the uploading is responsible.


Actually, it's not only the uploaders that have 18 USC 2257(A) record
keeping requirements, *anybody* who "inserts on a computer site or service a
digital image of, or otherwise manages the sexually explicit content of a
computer site or service that contains a visual depiction of, an actual
human being engaged in actual or simulated sexually explicit conduct"
*or *"produces,
assembles, manufactures, publishes, duplicates, reproduces, or reissues a
book,
magazine, periodical, film, videotape, or digitally- or computer-manipulated
image, picture, or other matter intended for commercial
distribution" becomes a "secondary
producer<http://en.wikipedia.org/wiki/Child_Protection_and_Obscenity_Enforcement_Act>"
and is subject to 18 USC 2257(A) record keeping
requirements.[1]<http://www.justice.gov/criminal/optf/guide/2257compliance-guide-revised.pdf>

Violations of 2257 are punishable by up to five years in federal prison for
a first offense and ten years for subsequent offenses. Violations of 2257A
are punishable by up to one year in federal
prison.[2]<http://ilt.eff.org/index.php/2257_Reporting_Requirements>

Hosting these images without 18 USC 2257(A) records, in my opinion, is a *
no-win* situation for everyone involved.