TER General Board

World map...
Greenbacks2 31 Reviews 1366 reads
posted
1 / 9
MatureGFE See my TER Reviews 129 reads
posted
2 / 9
mrfisher 115 Reviews 171 reads
posted
3 / 9

As to the efficacy of avoiding the new law when based out of the USA, one person pointed out that being out of the country does not protect one from US indictments, and being extradited is not out of the question.

imanalias 173 reads
posted
4 / 9

Not so simple to do. But if they have a physical US presence or partner or owned by a US citizen, boom, done.  

Much like online gambling. It’s illegal in the US. So you move it off shore set up a shell company that has no US citizens done.

scratchem 130 reads
posted
5 / 9

Extradition treaties between the U.S. and other countries are usually based on dual criminality, meaning that the offense has to be criminal in both places. That's true for our treaty with the Netherlands (where TER apparently exists). Therefore, while it's likely that the TER folks could be extradited in connection with advertisements for trafficked people (slavery is even specifically listed as an extraditable offense), it's possible that the U.S. wouldn't be able to reach over and grab them for advertising consensual adult prostitution.

This assumes that advertising consensual adult prostitution is perfectly legal where TER is located, including that it would need to be legal under Dutch law for someone to facilitate prostitution in another jurisdiction where it is criminalized. I'm also not sure whether the Netherlands has the option under its laws to just extradite individuals to the United States, even if its laws haven't been broken and it isn't required by the treaty.

If they can be confident of not being extradited for stuff involving consensual adult prostitution, there may be a light at the end of the tunnel. At that point, they would still have to worry about facilitating sex trafficking under U.S. law, and would need to make sure that they weren't recklessly disregarding evidence that their advertisements contained trafficked people. That probably means strict ID checks, like Eros and P411. The other option -- not available to TER, but maybe available to sites that just host a lot of types of user content -- would be to not do any moderation that could force them to realize that sex worker ads are being posted.

cks175 51 Reviews 140 reads
posted
6 / 9

At this point, what we’ve seen is an immediate impact and deterrent effect on advertising by providers working in the United States.

And regardless of what extradition laws and treaties exist, they can’t prevent US based prosecutors operating at federal, state and even local levels from filing charges.  

It’s difficult enough for attornies to advise clients on potential litigation when they have existing case law to refer to, but SESTA is basically uncharted waters for publicity hungry prosecutors and politicians.

At this point, web hosting owners and executives aren’t just asking their lawyers, “How do I avoid a conviction?”.  They are asking them, “How do I avoid getting charged with a crime?”

It seems the common answer they are getting is do not engage in any advertising for illegal activities that occur on US soil.

TheNativesMan 41 Reviews 126 reads
posted
7 / 9

Don't know the legality but how is this law different from gambling laws that are an illegal here but legal at some other parts of the world and people from the US do visit those sites online? of course, those running the gambling sites might not be able to enter the US (but if there is no need) then perhaps TER can survive.

 
Also, making laws and spending money and budgeting funds for implementing are 2 different things. Of course, if a prosecutor wants to get a good name then this is easy picking.

 
Also, as I mentioned in a post I created elsewhere, BP seems to be up and running still.

souls_harbor 146 reads
posted
8 / 9

Not sure how accurate this map is, but it correctly notes that Canada makes it legal to sell sex, but illegal to buy it.  Go figure.

Drumguy25 23 Reviews 122 reads
posted
9 / 9

So....in Canada, she walks, and client has the problem. I think I prefer where both parties have a vested interest in caution.

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