Quote:
Originally posted by sarettah@Feb 25 2003, 08:02 AM
If a bust of a site that clearly states that their products are for legal use only stands, then it does not bode well for us in the adult industry....
The paraphenelia shops and adult web sites both tread the legal line in many folks point of view.....
Most of us consider our sites to be totally legal... We avoid and abhor illegal content... We try to stay abreast of the legal requirements...
The paraphenelia sites are the same... By the letter of the law, it is not paraphenlia if it is sold for tobacco or other legal uses.... It is paraphenelia if it is sold for use with illegal substances......
If the paraphenelia site's disclaimer does not stand the legal test, then it highly doubtful that an adult site's disclaimer will withstand the legal test..
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but they are selling something that is illegal. thats the point of the arrest and the point of me posting the definition of "illegal paraphenlia"
my opinion is that you are making a poor arguement that its all fun and games to sell something illegal as long as you put a disclaimer saying "dont do anything illegal with it".
You are missing the bigger point. a "cocaine free-base" kit is CLEARLY illegal no matter how you personally define it and how you try to twist, stretch and distort the definitions as written in the Controlled Substances
Act.
the point i am making is that there is a reaction and emotion and stories that show ONLY ONE SIDE OF THE STORY - and people are making decisions based on poor information or no information and are very happy to start debating various government conspiracy theories without knowing or discussing the facts of the case.
so... if i were to base my opinions on the stories i should be worried because Tommy Chong claims he was "framed" as it was suggested on his site?... or be afraid of the US Government because he was unfairly targeted for selling his "Glass Art" ... Like no one knows who and what Tommy Chong is and its all just some big mistake.
I am not saying that people should not smoke dope or not be allowed to buy a pipe to smoke dope or anything like that. i am not saying that Ashcroft is coming to get you. i am saying that the law is fairly clear and no one has any real evidence, or facts or information about the case to even make an educated decision about motivations.
i dont put the simple, harmless and innocuous word like "underage" on a website because i know EXACTLY what can come of that. i have to expect that it is reasonable for law enforcement to assume that i am making a connection between porn and illegal content.
i have to expect that it is reasonable that if i am going to sell bongs, triple beam scales and various gadgets to hide the stash to kids - that i may be looking at some serious legal issues. I dont see how any person could say "hey kids, you can buy this bong, but you cant do anything illegal with it... *wink* *wink*" and feel that you are then legally safe to sell bongs to kids. The Controlled Substances Act clearly says that in such a situation, you are not legally safe. It says specifically, that you may go to prison and pay a heafty fine.
if John Ashcroft decides to attack porn.. so what? Are you legal right now? probably not. Are you legal to show hardcore images to surfers in MouseFart, Alabama? are you going to assume there is safety in numbers and its ok for you to break the law because everyone else does?
You have the choice to protect yourself. hire an attorney. move your servers to another country, transfer your company assets to a safer, more distant business structure, protect yourself, your business and everything you own. No law says you have to have servers in the US, or process in the US or sell anything to Americans.
The USA is not the center of the Universe... we just seem to think it is.