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Re: IMPORTANT news from America
Posted: Thu Jun 02, 2005 7:46 am
by paul markham
samsung wrote:
> If you are in the UK and host on a US server you are subject to
> both UK and US law. The fact that a host does not have to keep
> records does not alter the fact that US law will regard you as
> running your business from the US and need to be 2257 compliant
> yourself.
>
>
But how do they check if your documents are in order, come to the UK and get a search warrant?
Like that will happen unless they have proof you are publishing child porn. This is a law that will only hurt the US webmasters.
Re: IMPORTANT news from America
Posted: Thu Jun 02, 2005 7:48 am
by rgb
"If you are in the UK and host on a US server you are subject to both UK and US law"
Is that according to UK law or US law?
rgb
Re: IMPORTANT news from America
Posted: Thu Jun 02, 2005 7:57 am
by paul markham
US law, which means don't go there for a holiday.
Re: IMPORTANT news from America
Posted: Thu Jun 02, 2005 8:10 am
by MisterC
Your hosts T&C's may well require you to be compliant with US law, but that is a contractual matter, not one of criminal law.
Despite the fact that the fourth reich likes to think it does, US law has no direct bearing on the UK, US Department of Justice officials have no legal to even operate in the UK and you cannot be extradited on charges for which no equivalent offence exists in the UK.
The main thing people need to be thinking about when operating out of the US in whatever way is the terms of our own Data Protection Act which is very enforceable!
Re: IMPORTANT news from America
Posted: Thu Jun 02, 2005 9:24 am
by Marino
My reading isn't great. come to think of it neither is my spelling. But I do work like a bastard, However what with the supposed ofcom law broadcast change ( NOT) and now these new regs from the U.S I have spent more time reading through pages of this crap then I have working on porn projects. Which is supposed to be my job.
I have paid my dues, and I know that there are a lot smarter people then me out there, but what the fuck is going on in this industry, Does anyone actually have a clue.
After all the speculations of reviews and supposed loosening of the porn ropes it seems to me that things are exactly the same.
I speak to the Sex shops and they are claiming at least a thirty percent drop in all sales, I speak to other producers that are pulling there hair out. I speak to my pals in regular T.V. and advertising and they are suffering, even my pal that runs one of Londons premiere model and T.V. casting agencies is under it.
Do I smell the whiff of recession?
I watched the SEX.COM doco last night, and the figures those guys have turned over, fuck me what planet do I live on.
I am not complaining for my product, but my head is spinning so for me, I think I will continue to plod on with the Road Trips and ride out the storm.
Re: IMPORTANT news from America
Posted: Thu Jun 02, 2005 9:33 am
by NeilUK
Good point Mister C. The Data Protection Act is the thing to be really worried about in the UK. It is very enforceable as you say and as someone who works in the insurance industry which is checked up on regularly by the DPA officials, I can say truthfully that it is enforced mercilessly!
Keeping records of people on file is very dodgy ground in terms of the DPA. Anyone keeping records of people have to do the training course and sign to the effect that they understand and are bound by it.
Neil
Re: IMPORTANT news from America
Posted: Thu Jun 02, 2005 9:49 am
by Joe A
Marino and other producers/content providers...
One important change I suggest that those of you who sell your product to others in the States, make to your way of working:
Add a clause to the model release that is in bold print and that a model sign separately stating that due to the result of the shoot being sold in the US, the model agrees that her details may be shown as and when required to the US authorities etc. That will cover our data protection laws, as you have the models signed permission. In fact it could be on a different sheet which the model agrees to prior to the start of the shoot.
Re: IMPORTANT news from America
Posted: Thu Jun 02, 2005 10:00 am
by Marino
I may be thick but if we already send the distributors I.D'S and model releases what more do they want. Quite frankly I fucked off VCA cos they were a bunch of cunts and I can live my life quite happily without any sales to Amarica. It has been the U.K fans that made me, and only the U.K i really care about.
Re: IMPORTANT news from America
Posted: Thu Jun 02, 2005 10:05 am
by tas
as far as I understood it that all content distributed in the US would need model releases with official US issued ID. If that is the case then we can't sell to the US. Maybe I have got it wrong as there is so much to take in at the moment.