nope...
because they have stated:
``(A) by requiring use of a credit card , debit account,
adult access code, or adult personal identification number;
and further they stated that as an affirmative defense:
``(2) Protection for use of defenses.--No cause of action
may be brought in any court or administrative agency against
any person on account of any activity that is not in
violation of any law punishable by criminal or civil penalty,
and that the person has taken in good faith to implement a
defense authorized under this subsection or otherwise to
restrict or prevent the transmission of, or access to, a
communication specified in this section
and COPA had already noted:
This system's limitations include the fact that some children have access to credit cards, and it is unclear how this system would apply to sites outside the US. It is not effective at blocking access to chat, newsgroups, or instant messaging. Delay in billing means that unauthorized access to harmful to minors materials could occur.
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There is no way from this end, or even at most processors to know if it is a debit or credit number (at least with VISA).. So, if they accept the access to a valid credit card number as proof then it is covered....
My lawyer gave me the go ahead to put it up after looking at it and checking some sources... He is still researching for me how to make it, and if I can make it "bullet proof" and since COPA is what is being argued right now, I am safe for now if I use it... And it will stand a whole lot more scrutiny then the little disclaimers most of us have on our free sites (which most of us let google go around anyway)....
I will let you know how it goes.... Got to get the site finished first...lolol...
Last edited by sarettah at Oct 14 2003, 10:07 PM
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