Legal Corner

"The Case Against Backpage.com"
mrfisher 115 Reviews 1388 reads
posted
2 / 11

I know this isn't the P&R Board, but it is a legal issue.

If people are allowed to censor the content of a board, it becomes one heck of a slippery slope until every type of communication is suspect.

I hope the courts hold firm on this.

Duplicitouslust 24 Reviews 2417 reads
posted
3 / 11

Dear Brynn:
I am wondering how you are starting to rethink your marketing strategies? With that said would you still continue to use your website as a marketing tool or would you be more underground by putting subtle ads in Magazines? That does become the underlying question because now you do have to think about new ways to attract customers and gain new business while staying low on the sage brush. I am sure it is a conundrum that you contemplate about often because as those laws go on the books you have to make your next move your best move in so many cases.

Duplicitouslust 24 Reviews 1173 reads
posted
4 / 11

Dear Brynn:
I was wondering considering that this is in the process of transpiring, have you had the opportunity to discuss this with legal counsel that would specialize about how certain situations can be applied? Also I was wondering if you could get in touch with the Desiree Alliance and other major organizations that would address the sex trade industry since there are no major labor unions that represent the industry about how this would be applied and what your recourse should be? In addition to responding and executing what you discussed above, have you discussed this in detail with some of your more legally prescient colleagues and figured out what their plans are with respect to rethinking their business strategies? These are just a few more nuggets for thought as time goes on and certain things continue to go on the books.

BossyRyder See my TER Reviews 1415 reads
posted
5 / 11

Where did you read this? I would like to read it and learn more as it is my understanding that each jurisdiction has it's own laws against prostitution. For example it is illegal to trade sex for goods (like a car) or money in Colorado. But in Texas, it is only illegal to trade money for sex. If this is the case, how would it be possible to increase fines, and make prostitution a felony across the board (pun intended)? It would take many many changes all over the nation. Would it not? Perhaps I do not understand how laws are created, maintained and amended, but I thought it took a lot of effort to get something through the legislature, and it had to pass both the congress and senate, and have bi-partisan support. But maybe things have changed with the new patriot act. Or maybe I simply don't have a full comprehension of the law making process.

I could see all the states increasing the fines, since the government is beyond bankrupt. But if they make it a felony, too, fewer people will be willing to take the risk, and increasing fines won't increase the coffers. Need to know more please.

Tufu 2 Reviews 1646 reads
posted
6 / 11

That's what I'm wondering. Which states are passing laws? If anything, I would think California is decreasing enforcement since the jails are so overcrowded and even law enforcement and the courts are seeing budget cutbacks.

octovert 2105 reads
posted
7 / 11

now is the time to establish some UTR connections between clients and providers. Of course LE is going to interpret that to mean I advocate conspiracy. An underground developed that last time we had Prohibition, so maybe we can have something similar to counter this new crusade. (because you can't negotiate with a crusade) Fuck-easies, anyone?


ATLANTAmetro 1477 reads
posted
8 / 11

Where it is legal? This is something I have thought about for a long time because of the reviews (even though they are fantasy) are so explicit.

pwilley 59 Reviews 1600 reads
posted
10 / 11

Really depends on what you mean by "protected".  And, a certain amount of understanding about how the internet works would also be helpful.  It's true that the database maintained by the owners of TER is physically located off shore.  And, the international treaties will not "require" access to that database unless certain predefined crimes are involved.  But, how exactly would that equate to "TER being protected"?  Not much I'm afraid.   Every time you send or receive an email, or web post, or even do an internet search, there is a record stored on multiple ISP servers "in the country where you are physically located".

So, to suggest that just because the TER database is located outside the US is somehow going to make whatever you say on TER unusable by US LE, is wishful thinking.  A year or two ago, we had an in depth analysis of this very issue on this board where a number of attorney's weighed in with great detail.  The conclusion was that for a misdemenor, access to TER database outside the US would never be brought into the picture because it would probably never be needed.  There are statutes of limitation involved as well.  For LE, they don't actually need much if anything from a TER database to make their case.  And, if they really wanted board posting or reviews, they can follow the US rules of evidence, use other evidence to establish identity of the poster/reviewer, and ultimately get it introduced, but as a matter of practice, not necessary in 99.9% of cases.  And of course, if a serious felony is involved, the evidence they want is much simpler to obtain if that's what they want.

Short answer, anything you do on the internet can ultimately be found and with due diligence, could at least be tracked back to the originating computer.  Proving that you actually were to operator of the computer is a bit more complex, but not impossible.

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