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| Legacy Archived Main Board Business chat and general industry chat. All participation is welcome. Dont post your fucking spam here. |

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#1 |
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Underwear model
Join Date: Nov 2002
Location: Austin
Posts: 566
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FSC to Challenge 2257 from New Direction
http://www.ynot.com/modules.php?op=m...icle&sid=50958 Thoughts?
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AMP Worldwide - High Risk Merchant accounts Retain attorney Eric M. Bernstein - Ask me how! Cybernet Expo 2009 returns to San Francisco, June 25-27! ICQ 92418228 or email jay at ynot dot com |
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#2 |
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Scored VIP to Anton's Piss Tank
Want to see your own Advertising Here!
Join Date: Oct 2002
Posts: 8,781
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Personally I can't think of a worse way to attack 2257 than using the 4th amendment. If there is one thing that is abundantly clear over the years is that the Supreme Court will ignore the 4th amendment and make a decision, no matter how assinine on it's face, in the name of serving the governments will to forward it's "war' on soemthing in the name of protecting the people. All anyone needs to do is look at the VAST majority of drug rulings over the years. How search and seizure laws were abused beyond belief and the sneak and peek provision of the Patriot Act has been used.
There was a recent article about how only 2 or 3 out of 763 uses of sneak and peek in 2008 were actually terror case related and that is what the laws sole purpose was supposed to be for. The 4th amendment, for the most part, is a joke in this country. From stuff like this to people who are cleared of drug charges then having to prove their property was innocent of a crime the 4th amendment is about as strong as wet toilet paper. |
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#3 |
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Thinks Lars is a TOP NOTCH GUY
Join Date: Oct 2009
Location: The Netherlands
Posts: 32
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Can you drop me an email please about board advertising?
cybersales@|@hetnet.nl Thanks, Jack |
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#4 |
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Scored VIP to Anton's Piss Tank
Want to see your own Advertising Here!
Join Date: Oct 2002
Posts: 8,781
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#5 | ||
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Future BROmaster
Join Date: Dec 2007
Posts: 266
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Quote:
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I dont see this being the challenge they think it is. |
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#6 | |
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Trying to get enough posts to spam a link
I'm new!
Join Date: Mar 2009
Posts: 2
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Quote:
Really Michael?
Then allow me to explain, The history of the government’s defense of Section 2257 indicates that the Justice Department will not make any real concession until its back is up against the wall in court. Litigation brought in the past by Sundance and continued today by Connections and FSC has already resulted in very substantial gains and improvements-(yes Michael, third-party record-keeping). And we believe that there is plenty more where that came from. So the first task of continued litigation will be to narrow or eliminate the remaining ambiguities and confusions. With a new administration and a track record of litigation-inspired government ‘clarifications,’ we may be in a position soon to clear up most of the remaining relatively small interpretation and implementation problems. But even so, fundamental constitutional questions remain. Why does Section 2257 treat adult businesses so harshly compared to the way Section 2257A now treats Hollywood and other softcore (i.e. simulated) producers? Does the First Amendment allow the government to force adult businesses to prove that their expression is constitutionally protected (in this case, not child pornography), or do our constitutional traditions place the burden of proof squarely upon those who suggest or suspect that particular speech is unprotected by the constitution? Even if some minor requirements (such as ‘check all IDs before you shoot’) are trivial or unassuming enough to pass constitutional muster, just how far may a record keeping scheme go in burdening many tens of thousands of people and companies who have not had – and never would have – anything to do with child pornography? I understand that the "2257 Safe" business model is reliant on the law continuing in it's overburdensome state. Nonetheless, FSC believes that saving the industry and its businesses literally millions of dollars is more than the personal self interest of those who profit from 2257. |
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#7 |
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Thinks Lars is a TOP NOTCH GUY
Join Date: Oct 2009
Location: The Netherlands
Posts: 32
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I just know it's a shitload op paperwork and I'm never paid by the goverment to do all that extra work.
And second it's a personal privacy problem for models if such info is semi-public. I agree with the 18+ as a rule worldwide but that's been a standard in the adult industry worldwide since dozens of years. (The rest are criminals and are in no way a part of the profesional adult industry). I hope the 2257 will go away but I also hope that it will be replaced by something else less complicated or labour intensive! One of my ideas would be to "label" the good/honest/18+ adult web sites and get less paperwork from the government but a reward from search engines for having this label. I hope Joan can get the RTA label on such a level. |
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#8 |
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Members
$100 for every ImLive sign-up
Join Date: Oct 2002
Posts: 4,036
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The only very, very narrow way they might be any traction with this is that third party record keepers cost money. Free Speech may be limited to only those who can afford third parties to hold their records, or only those willing to violate the privacy of their home.
The "either or" in this case brings either a financial penalty, or a personal one. Either way, there is some slight basis for a 4th amendment argument - but it is a very narrow attack.
__________________
Let's go to the edge of disaster Push the pedal and go a little faster Let's slam into a wall at ramming speed Let's go to the edge of a mountain Jump off and lets start countin' Hit the ground and tell me if it bleeds |
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#9 |
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Future BROmaster
Join Date: Dec 2007
Posts: 266
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Can I ask a sincere question to both Tony and EmporerEJ -- are you guys members of the FSC ? Do you donate to their efforts to fight 2257 ?
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#10 |
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Members
Join Date: Nov 2003
Posts: 926
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We were members for a few years.then I felt they were doing nothing so we didn't rejoin.this may change my mind again.sorry if I killed your point.
__________________
www.creamycandy.com yum yum. |
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#11 | |
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Brilliant Innoventionalist and writer.
Join Date: Dec 2003
Location: USA, Northern Hemisphere, Terra, 3rd of nine, Sol System, Milky Way Galaxy, Far from Galactic Core
Posts: 2,260
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Quote:
I WAS a member of the FSC on 2 occasions (Different years, not contiguous) I tried 2 different times to get involved. On NUMEROUS occasions, I attempted to engage people from the FSC, because I believe we need a group like the FSC. I withdrew from being a member because of the direction they took. (Which I'll be happy to discuss if you want.) And specifically, for the attitude I got on 3 separate occasions from 2 different FSC people. There's no other way to put it, they were simply Rude. I'm an east coast guy....(You know, where Washington DC IS?) and we need representation HERE. Where the laws that affect ALL of us are made. There was a guy here in PA trying to get a group started, and I supported that, but it just didn't generate enough interest. Not just issues in Sacramento, and certainly not pursuing "piracy" in the adult industry. (That IS a bad thing, just shouldn't be the focus of FSC) So yes, we need an "FSC," just not the one we have. And yea, I know, something is better than nothing, and I can't even support a group I don't fully agree with it, but they are just too far over in the "too far from me" area. There were also several big policy issues I didn't care for. Shall I go on? The one right thing they've done that I applaud, was making Regina Lynn a board member. I know there is at least one board member with the right ideas. (Not to be inferred, that there might not be others)
__________________
![]() Eric J. White VirtualSexMachine.com |
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#12 |
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Future BROmaster
Join Date: Dec 2007
Posts: 266
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No point killed... I just really wanted to know. I always wonder whether those most vocal are just vocal or are do lend the support or the action needed. I applaud both of you and anyone else for being members or for being past members.
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#13 |
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Members
Join Date: Nov 2003
Posts: 926
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The problem we have micheal in this industry,everyone cant put their agendas aside long enough to have a common goal for the long term of the industry. A good chunk of them think they are brilliant masters of the universe and extremely short sighted.
__________________
www.creamycandy.com yum yum. |
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#14 | |
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Fat Fucking Nobody
Want to see your own Advertising Here!
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Quote:
The shady activity Bill Margolis and some of the past officers plus promises of being safe from 2257 - the group has left a very bad taste in my mouth. We mostly get to read about another celebrity fund raiser party as the main activity from the group. And yes we are all aware of the group taking credit for stopping .XXX. That being said I give my money to Mitch Kapor's group the EFF and have for many years. Maybe youve heard of him . . . http://www.kapor.com/bio/index.html I dont know Dianne but maybe we can get a clear answer from her whats going on and how we all can work together for a change. Ill have to admit theres not much of a choice between the FSC and Joan.
__________________
We are putting the bastards of this world on notice; greed and corruption will always be met with "a voice made of ink and rage." "Never try and be like anyone else" - Hunter S. Thompson "The truth is the truth no matter how you try and package a lie" - Shellee Hale
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#15 |
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Fat Fucking Nobody
Want to see your own Advertising Here!
Join Date: Oct 2002
Posts: 6,523
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I've been a member of EFF since 1991. I'm a charter member of the USIIA, I helped get the thing going back when it was the Association of Online Professionals back at One BBSCON the year it was in St. Louis.
And that's why I've been in and out, mostly out, of FSC. I know what a professionally run lobby or activist group should look like, and FSC for the most part hasn't been it. Some good folks there, some good work, but it lacks the effectiveness and transparency to make me throw significant donations at it. Speaking of EFF, it's odd how the fears change over time. Back in the early 90's you had things like Amateur Action, Rusty 'n Edie's, etc, going on. Amateur Action got busted for mailing porn to some podunk area of Tennessee on postal charges initially. Rusty 'n Edie got punked on copyrights, first off by the SPA and Microsoft, but also by Playboy, yes Playboy, for posting their copyrighted material. Whodathunkit? Putting aside whether they were guilty or not (Rusty 'n Edie's draw was piracy undeniably), the problem back in the day was the investigation. Most BBS operations, even huge multinode systems, lived in the basement of people's homes. Hell, I still have the remnants of an old LANtastic based PCBoard system mothballed down in my skunkworks. If you were targeted for investigation, the FBI shows up, knocks on your door, comes in and confiscates ALL of your systems. You've not been proven guilty of anything at that point, but you're effectively shut down and out of business as it might be years before you see your hardware again and who knows what state it will all be in. 2257 is just the latest way to deter porn with fear. Very complex convoluted record keeping laws and if in the eyes of an investigator you are missing something, you can be branded for child porn. that accusation alone will end your life as you know it. Your neighbors will tuck their kids behind them when they see you out and try to drive you out of the neighborhood, no one will do business with you, your family and friends may not even look at you the same way ever again. Cost of doing business? |
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#16 |
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Trying to get enough posts to spam a link
I'm new!
Join Date: Mar 2009
Posts: 2
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First, Emporer EJ, I am sorry to hear that FSC failed to provide you with satisfactory customer service. We are a service provider to our members and member service is an utmost priority to me and my staff. I don’t know when FSC fell short but I would like to follow-up with you to find out the details to make sure that this kind of error does not happen again. If you would be so kind as to contact me at diane@freespeechcoalition.com I would love to arrange a time for us to talk. I appreciate the insight that you share about our industry and FSC and I know I would enjoy further conversation. Tony404, I am happy to hear that you are open to renewing your membership. I would be happy to talk to you or have Joanne, our membership directo,r talk to you about your membership and how FSC can work to help you and your business. Gonzo, I have been with FSC for three years. During that time, Bill Margold has not worked for FSC. Bill has an important voice in our industry, but he speaks representing PAWS and not FSC. When you refer to “Joan,” I assume you are speaking of Joan Irvine, the ED of ASACP, who contributes a great deal to the industry as well. She works tirelessly to separate the industry from the stigma of child pornography that right-wing fundamentalist often brand onto adult entertainment. ASACP and FSC are two different organizations; FSC is the adult entertainment industry’s trade association. The two organizations are not mutually exclusive, but rather compliment each other to serve the industry and ward off unwarranted government intervention. Yes, Gonzo, FSC does take credit for blocking .XXX. We take credit for it because we (myself and Jeffrey Douglas) were the only ones there in Portugal, literally sitting outside meeting rooms with pictures of ICANN Board members to grab them and plead our case as they left their meeting rooms. I bribed the concierge to slip notes under Board members doors. We made such an impression that ICANN gave us 20 minutes of their Board meeting time to plead our case. One hundred and fifty countries were vying for time on that board agenda and we got 20 minutes--unheard of. In the end, we, the adult entertainment industry prevailed. Similar stories exist about 2257, tax on adult entertainment, piracy, OSHA, production insurance, member benefits and so much more. You say you don’t know me and that is true. I believe that FSC’s greatest shortcoming is lack of communication. We do a great deal for the industry but you hear about very little. We spend more time working on the issues than talking about them. I do not believe that that is a good thing in that it keeps people like you from being involved in, and communicating about the important issues that we are tackling. Our staff--Keah, Kim and Joanne and I--do all that we have spoken of with a budget of just a little over $500K. To put that in perspective, MPAA, mainstream entertainment’s trade association, has a budget of $120 million. We have a dedicated volunteer Board of Directors who support our efforts and give a great deal of their personal time and resources to further the work of FSC. I love my job and am humbled and honored to be a part of this incredible and dynamic industry. I appreciate you providing me with the opportunity to answer your very valid concerns.
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#17 |
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Members
Join Date: Nov 2003
Posts: 926
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I will keep my mouth shut.
__________________
www.creamycandy.com yum yum. Last edited by tony404; 10-09-2009 at 01:43 AM. |
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#18 | |
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Fat Fucking Nobody
Want to see your own Advertising Here!
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Quote:
However I do not share you enthusiasm for Joan and her group. They supported .XXX in the begining and back peddled when it became unpopular and public information that a deal had been cut between the proposed registrar of those names and Joans group. In short - ya kinda lost me. And after all these years the group has yet to tell em how any of those evil child porn sites they have taken down and remain offline. Youd think that an organization with that level of contributions from this industry would be held accountable for its core mission. Ive always felt it those contributions were made as they play on peoples guilt in this industry. I was initially involved with your group back when Bill Lyons founded it. The accounting issues that plagued it back then along with the false expectations of protection from 2257 prosecution just left me with a very bad taste in my mouth. Thanks for taking the time to clarify some questions and our welcome to do so here anytime youd like.
__________________
We are putting the bastards of this world on notice; greed and corruption will always be met with "a voice made of ink and rage." "Never try and be like anyone else" - Hunter S. Thompson "The truth is the truth no matter how you try and package a lie" - Shellee Hale
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#19 | |
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Brilliant Innoventionalist and writer.
Join Date: Dec 2003
Location: USA, Northern Hemisphere, Terra, 3rd of nine, Sol System, Milky Way Galaxy, Far from Galactic Core
Posts: 2,260
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Quote:
There's no point flaming the FSC on the board, but I feel a bit like Gonzo's response. You kinda lost me along the way......(for different reasons) At the expense of sounding Not politically correct, I don't care about chasing kiddie porn people. It's a horrible thing, and those people are evil and all ought to be hung up by their balls. But we pay for an FBI, let them chase 'em. I'm not paying twice to do it. The FSC should be about one thing: (Primarily) Protecting Free Speech. Not local issues in California, except as they affect the rest of the country. And if you don't have a lobbyist in Washington, you're simply chasing your tail. You are RE-acting to things happening to the industry. We need to be PRO-active. That's how Government works. By the time it gets to "enforcement," the big wheel of government is already rolling. It's 100X easier to stop it's momentum BEFORE it gets rolling. That's the basis of my argument. I really believe it's a west coast/east coast way of thinking.
__________________
![]() Eric J. White VirtualSexMachine.com |
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#20 |
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Future BROmaster
Join Date: Dec 2007
Posts: 266
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You may not like the FSC but Diane is good people. While we may have our differences, her heart is in the right place and she has done a lot of positives with the FSC in her tenure.
She is a staunch defender of the industry and for that she will always have my respect. |
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#21 | |
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Future BROmaster
Join Date: Dec 2007
Posts: 266
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Here is a link to a copy of the complaint filed by the FSC ....
http://randazza.files.wordpress.com/...older-2257.pdf The most interesting aspect of the complaint, at least to me, is Paragraph 55. Which reads in relevant part... Quote:
With that in mind, I have to ask -- with the advent of third party record keepers such as www.2257Safe.com and other services like it, (http://www.informationlaw.com http://www.heliosdatasystems.com/ ) how can the FSC expect the US Attorney's Office not to know that there are third party record keepers and if they do - not to use that as a potential defense to this complaint and request for an injunction ? The statement that there are no viable third party record keepers now commercially available for the use of the plaintiffs in this case may be considered misleading by the court. Why not make the attack in a way where victory appears to be more easy achieved ? Are there not better arguments that can be made against 2257 that can get around the new regs and changes allowing third party record keeping ? |
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#22 | |
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Members
Join Date: Nov 2003
Posts: 926
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Quote:
__________________
www.creamycandy.com yum yum. |
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#23 | ||
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Future BROmaster
Join Date: Dec 2007
Posts: 266
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Quote:
I dont have ICQ... I am never in front of a computer for that long for it to be useful. Call me though (310) 666-3100. Quote:
While I understand your point that you want 2257 completely abolished, I really dont think that is going to happen. This is were we differ. I deal with other laws that are problematic. Laws that are unfair and unjust are common. Its not just 2257, there numerous state and federal laws not to mention case law that are not just. As an attorney we just take what is given to us and do the best with it. Thats what lawyers are trained to do. As for the issue, its not whether the FSC should attack 2257. Its how. And if you read the complaint, the issue is whether their approach is the correct one. I have no issue with the FSC attacking 2257. Thats their job and mission. However, if you are going to attack 2257 shouldnt it be with your strongest and best arguments ? |
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#24 | |
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Brilliant Innoventionalist and writer.
Join Date: Dec 2003
Location: USA, Northern Hemisphere, Terra, 3rd of nine, Sol System, Milky Way Galaxy, Far from Galactic Core
Posts: 2,260
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Quote:
We don't need an appeaser, we need a hero. (I'm not blaming you specifically, mind you, you just happen to be the guy in the room. I applaud you for standing and talking about it)
__________________
![]() Eric J. White VirtualSexMachine.com |
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#25 | |
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Brilliant Innoventionalist and writer.
Join Date: Dec 2003
Location: USA, Northern Hemisphere, Terra, 3rd of nine, Sol System, Milky Way Galaxy, Far from Galactic Core
Posts: 2,260
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Quote:
And from a practical standpoint, the bulk of the industry will roll over and sign up for a service like that because it's easier. So, I think that's great for you, and I don't mean to attack you in any way on this. But the thing that pisses me off about lawyers is their immediate desire to "settle." Your business model is a "settlement" of what the government wants, and something much worse: the creating of a new specialty business to "comply" with the government's censorship. I'm sorry, I just don't bend that way. It would be the easiest thing in the world to say, "Ok, the government has offered us a way out, we'll sign up for this service. Then we can sleep at night." And even if their is a tiny flaw in the wording of the law, (and here's where I make a sales promotion for you,) the customer that DOES have a lawyer service for compliance is Waaaaaaayyyy down on the list of the government's people to attack. They will go after the extreme edges in a bid to win their case. So, while people may slice and dice your service as not protecting them from "sub paragraph 23, subsection U, line 256, word 58," the simple fact is, your service will make people safer from prosectuion risk. But you understand, it's still a compromise. And this is one of those things I feel is either right, or wrong. 2257 is wrong. It is an assumption of guilt, where there is none, and in the history of the adult industry, (At least since 1983 when I've been in it) I have NEVER heard of an intentional case of using underage performers by any of the "industry" people. There are NO other industries that can make such a claim. For shit's sake, there's a movie in the theaters about corruption in the genetically engineered food industry. IF the fed is looking for someone to chase that breaking real laws, and hurting people, they would do better to pursue other industries. The fact is, we are a fairly safe industry, that polices itself. We deserve to be treated with respect.
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![]() Eric J. White VirtualSexMachine.com |
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#26 |
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Members
Join Date: Nov 2003
Posts: 926
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also micheal whats your icq i have question for u?
__________________
www.creamycandy.com yum yum. |
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#27 |
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Banned From GFY for Doing The South Pole Boogie
Join Date: Nov 2003
Posts: 398
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The FSC cant beat their meat, they have exosted for years and their list of accomplishments is abysmal
There is no financial oversight or disclosure, they talk a good game but whenever they involve themselves in something they lose. your money is better spent elsewhere until they overhaul it completely, its a joke that tries to be too many things to to many people, they have no focus and no planned attacks, a first year law student should have been able to defeat 2257 and they dicked with it for years milking it as a way to get members fuck the FSC |
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#28 |
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Banned From GFY for Doing The South Pole Boogie
Join Date: Nov 2003
Posts: 398
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LOL I have a long history with the FSC...dont let those dirtbags fool you if not for a LOT of outside pressure they would have supported .xxx because ICMRegistry was gonna give em 8 bucks per domain sold for their support. The much hated Bill Lyon was the ONLY reason that was defeated despite what Diane may tell you. When Bill told me he would go to all lengths to block it I told him to be ready because they will do whatever it takes to get rid of him if he did
and lo and behold |
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