ll .com domains are under USA jurisdiction. The reason is that Versign, Inc owns the rights and ultimately controls registrations of .com domains and they are based in the states. All the other registrars that sell .com's are simply resellers.
It is as simple as this: If you register a .com and it falls foul of any US laws, then the FBI can simply contact Verisign and seize the domain, and you can be a Venezuela or swiss company, doesn't matter. If you are registering a domain for adult content, escorting services you would be wise to spend time researching the best TLDs to use. There is a reason why piracy websites use very obscure TLDs..
I'm still trying to parse through these bills, and figure out what the law really says (as opposed to what the media say it says).
SESTA and FOSTA primarily modify an existing human trafficking statute (18 USC 1591), and an existing internet decency statue (47 USC 230).
I've pasted links to the language of the existing statutes and the bills below. Hopefully those links will be allowed. If not... google.
Various provisions of the existing and proposed law address those who own, manage, or operate an interactive computer services. They're pretty much screwed when it comes to anything that "promotes or facilitates" prostitution under FOSTA - regardless of whether the provider is trafficked or under age.
But I'm focused here on how the laws may affect hobbyists' actions.
One SESTA/FOSTA change is that it says ‘participation in a venture’ would now include, "knowingly assisting, supporting, or facilitating" a violation of the prohibition on advertising trafficked or underage providers under 18 USC 1591(a)(1).
As a hobbyist, I've truly never seen any advertising that I had any reason to believe was for trafficked or underage providers.
Certainly, my merely reading the ads for all providers doesn't "knowingly" "support" such ads.
Even it it did, mere "participation" itself isn't illegal under the statute. What is illegal is when someone: "benefits, financially or by receiving receiving anything of value, from participation in a venture... "
Since websites receive advertising revenue from the providers, and through general ads, they can be said to be benefiting financially and receiving something of value for supporting the provider ads.
When I read ads for providers who are not trafficked and of age (at least to the best of my knowledge), there isn't much of an argument that I'm receiving something of value for "knowingly" "supporting" the advertising of underage and trafficked providers.
Arguably paid sites might be different, because you would be "supporting" them financially in exchange for access (something of value).
Still, you'd still have to be knowingly supporting advertising of underage and trafficked providers for SESTA/FOSTA to kick in. _____________________________________
Someone mentioned the Cloud Act in terms of problems with these websites moving offshore.
From my read of the Cloud Act, it says that American entities can be forced to give up materials that are stored overseas.
However, if a company is formed in, for example, Venezuela, I don't see how the U.S. government has any direct access to it to hold it accountable under SESTA/FOSTA. Many countries are less open than the U.S. about public disclosure of corporate management and ownership. Even if the owner is an American entity, it may never come to light.
The language of 18 USC 1591 is here: https://www.law.cornell.edu/uscode/text/18/1591 The language of 47 USC 230 is here: https://www.law.cornell.edu/uscode/text/47/230
The language of SESTA is here: https://www.congress.gov/bill/115th-congress/senate-bill/1693/text The language of FOSTA is here: https://www.congress.gov/bill/115th-congress/house-bill/1865/text
ll .com domains are under USA jurisdiction. The reason is that Versign, Inc owns the rights and ultimately controls registrations of .com domains and they are based in the states. All the other registrars that sell .com's are simply resellers.
It is as simple as this: If you register a .com and it falls foul of any US laws, then the FBI can simply contact Verisign and seize the domain, and you can be a Venezuela or swiss company, doesn't matter.
If you are registering a domain for adult content, escorting services you would be wise to spend time researching the best TLDs to use. There is a reason why piracy websites use very obscure TLDs..
That would be a stretch of the language. Of course a prosecutor can go after anyone for any reason. That doesn't mean he can get a conviction. Prosecutors will always go after the biggest target or low hanging fruit. Prosecuting TER members is really going after the little fishes -- and using a rather ambitious reading of the law (ignoring Constitutional concerns) at that. Let's just say it would be a low priority concern for me.
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