> > *I really don't know how long CU information is retained * > 3 months. All CU logs are kept for 3 months _____ *Béria Lima* <http://wikimedia.pt> *Imagine um mundo onde é dada a qualquer pessoa a possibilidade de ter livre acesso ao somatório de todo o conhecimento humano. Ajude-nos a construir esse sonho. <http://wikimedia.pt/Donativos>*
On 31 May 2012 10:43, Theo10011 <[email protected]> wrote: > On Thu, May 31, 2012 at 6:48 PM, Andreas Kolbe <[email protected]> wrote: >> >> Theo, that is completely wrong. Record-keeping requirements only apply to >> images where models were required to engage in actual sexually explicit >> conduct, and moreover, it only applies to images created from 1990 onward. >> > > I reread the information I based my conclusion on. I must be missing some > part that you are referring to. Even the definition of "secondary > producers" and its distinction from "primary producers" is linked and > explained at length in articles related to legislation 2257. > > You gave the definition of sexually explicit content from Cornell law that > I based my understanding on, " (v) lascivious exhibition of the genitals or > pubic area of any person." - is a giant definition to cover a lot of > content, regardless of its purpose. > > The single prosecution based on that law has been against the "Girls Gone > Wild" producer, they weren't exactly charged for any other form of sexually > explicit content beyond depiction of "genitals or pubic area" and lack of > proper record-keeping. > > > Again, that is completely wrong. Facebook and the Wikimedia Foundation are >> already protected by 230(c) safe harbor provisions. Responsibility lies >> with the individual uploader or editor, who enjoys no such protection but >> is fully liable for their own actions. >> > > Here in lies the burden on the service providers. The complete record of > the uploader/editor/individual would lie with the service provider. Edit > histories and contribution list provide next to no information on the real > world identities of editors, not even where they are located. The only > possible link, even the country of residence would be information only > available to the service provider in the form of their IP address. > > Outside prosecutors can not prosecute, or charge any editor based on their > username, whether its User:someguy542 or User:Ladiesman232, there is no > real world link without the IP records. That is where the burden comes on > the service provider. In order to prosecute and get that information > legally, the burden passes to the provider. This actually happens all the > time, requests are made by prosecutors, law-enforcers, to legally get the > information to prosecute, just not in cases of record-keeping violations. > There have been new developments related to this, IP addresses not being > directly culpable of actions as such, or not being culpable of the > individual paying for the said IP connection but that's another discussion. > > >> >> The thing is: Wikimedia keeps edit histories and contributions lists for >> decades. We have no idea what implementation of US law will look like in >> five or ten years' time, given political vagaries. >> > > Yes, but those edit histories and contribution lists are useless in their > public form. More so, in Wikimedia's case than say Facebook. The only > relevant information is the IP address, which again open up a whole new > door of privacy and how far Wikimedia would go to defend or infringe on it. > I really don't know how long CU information is retained vs. edit histories, > but if they are indeed kept for decades, it might turn into a liability. > The speed at which IP addresses can change, even entire blocks move, even > that history might become unusable in 1-2 years. > > Regards > Theo > > _______________________________________________ > Gendergap mailing list > [email protected] > https://lists.wikimedia.org/mailman/listinfo/gendergap > >
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