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Originally Posted by golfistheanswer
It seems like a lot of limitations now exist on ECCIE. Why can't this site allow content like Switter and other sites do?
I am asking from a purely legal perspective.
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You’re asking from a purely legal perspective, but right now the reason is probably more of a business one. A lot of online companies are running scared in their attempt to not put a target on themselves. Eccie is a for profit site, unlike Switter and OH2. Eccie needs to be able to have payments processed online to be profitable.
Unfortunately, online payment processors are concerned about being associated with a site that may eventually run afoul under SESTA/FOSTA, and therein lies the current issue.
From a purely legal aspect, most of the other posters are correct. Having servers overseas helps, but if controlling parties are physically here, that means very little. As someone mentioned, even if a site owner moves overseas, he would be imprudent to return to the states even for a visit. No weddings, no funerals, no family reunions. No.
The worst part is Eccie can take all the precautions in the world, but if someone uses this site for trafficking, Eccie and it’s owners can face criminal and civil consequences. That’s why Craigslist took down
all of their personal ads, even Missed Connections and why Google is deleting the Gmail accounts of known sex workers. Not because their sites are inherently P4P but because of the risk of liability from what their site is used for in reality.
So, in a nutshell for now, this isn’t a constitutional issue of free speech, etc., it’s a business decision to make money and perhaps a short term play at that. Get the revenue now when they can and then, go dark again near the end of the year.