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Anonymous #1
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Owning a forum that has info about online shops...
#12891372 - 07/13/10 06:05 AM (13 years, 10 months ago) |
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Hi, I own a forum. On there we have a section where people can list online shops that sell legal high products or legal RC's etc
The problem is, some substances are legal in some countries yet not in others.
To remain within the law and not get in trouble is it OK list these web shops?
Is it the case that the only shops allowed to be listed must only sell substances that are legal in the country that the server is hosted in?
Or is it OK to list these sites, provided we are not encouraging anyone to order illegals into a country where there are illegal?
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Doc_T
Random Dude




Registered: 03/06/09
Posts: 42,395
Loc: Colorado
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Re: Owning a forum that has info about online shops... [Re: Anonymous #1]
#12891389 - 07/13/10 06:18 AM (13 years, 10 months ago) |
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Are you in the US?
-------------------- You make it all possible. Doesn't it feel good?
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Anonymous #1
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Re: Owning a forum that has info about online shops... [Re: Doc_T]
#12891423 - 07/13/10 06:41 AM (13 years, 10 months ago) |
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I personally reside in the UK
I think the server is in the US
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fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
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Re: Owning a forum that has info about online shops... [Re: Doc_T]
#12891425 - 07/13/10 06:42 AM (13 years, 10 months ago) |
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You can list anything you want on your site. Providing information is not illegal*.
Just make sure you're not involved in facilitating actual transactions (no "buy now" buttons). In a general sense you're usually bound only by the laws in the country/state/county/city you live in. But there's nothing illegal about providing links or saying "X illegal substance can be bought here".
* You should search this forum with my username and the search terms "elements conspiracy". It is not hard to get bound up in a criminal conspiracy, the laws are actually pretty ridiculous. But knowing the 3 elements they have to prove to convict you of a criminal conspiracy is 99% of avoiding being involved in a conspiracy.
-FF
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fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
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Re: Owning a forum that has info about online shops... [Re: fastfred]
#12891431 - 07/13/10 06:47 AM (13 years, 10 months ago) |
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I actually had time to do it for you... Just apply the same advice to your case.
Quote:
It's "conspiracy to manufacture a controlled substance" and it is usually a felony.
If he grows a bunch of mushrooms and sells them, then gets busted (or it was a setup) you could be facing the same charges as him.
The three elements of a conspiracy are:
(1) that two or more persons conspired, or agreed, to commit the crimes described in the indictment;
(2) that the defendants knowingly and voluntarily joined the conspiracy; and
(3) that a member of the conspiracy did one of overt acts for the purpose of advancing or helping the conspiracy.
Don't let the language fool you, these elements are usually very easy to prove.
1. If he's asking you about growing them you know a crime is being committed.
2. Unless he had you at gunpoint this point is a given.
3. Giving him the spores was your one "act in furtherance of the conspiracy".
So it's pretty likely you are already guilty of conspiracy to manufacture a controlled substance. Sometimes even just giving advice has been considered the act in furtherance.
So watch those three points. For conspiracy you don't actually have to make any sort of attempt at committing a crime.
Just remember the potential is there and you better make sure they can't prove their 3 elements. All three are pretty easy to prove.
Usually they'll get a member of the conspiracy and get them to talk. Even if they were working alone they'll often implicate the others for a reduced sentence. They can easily get the elements proven on tape when your buddy wears a wire or they surveil you or get your computer.
Quote:
"Hey man, lets try to make some mdma. I got some stuff, let's try the first reaction and see if it works!"
"Ok" (element 1)
[Dude does NOT have a gun pointed at your head] (element 2)
"Can you download that file from Rhodium or get the archive for me?"
"Ok" (element 3)
GUILTY
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tak
geo's henchman



Registered: 11/20/00
Posts: 3,776
Loc: nowhereland
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Re: Owning a forum that has info about online shops... [Re: fastfred]
#12891721 - 07/13/10 08:43 AM (13 years, 10 months ago) |
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Just be careful. If you are getting any kind of kickback or advertising dollars from the suppliers I would be even more careful.
-------------------- The DJ's took pills to stay awake and play for seven days.
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Anonymous #1
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Re: Owning a forum that has info about online shops... [Re: tak]
#12891839 - 07/13/10 09:28 AM (13 years, 10 months ago) |
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 Thanks Fast Fred!
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Enlightenedwon
Game Over



Registered: 11/26/09
Posts: 1,513
Loc: New York
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Re: Owning a forum that has info about online shops... [Re: Anonymous #1]
#12891859 - 07/13/10 09:40 AM (13 years, 10 months ago) |
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Why would you want to start a forum for sourcing RC's? The more attention brought to them the quicker they become abused and criminalized.
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Anonymous #2
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Re: Owning a forum that has info about online shops... [Re: Anonymous #1]
#12901744 - 07/15/10 03:26 AM (13 years, 10 months ago) |
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Keep it private like it already is, and only let certain folks join. Not sure what process you'd want to use. It's risky business IMO, but also I am so grateful for such things.
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Anonymous #3
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Re: Owning a forum that has info about online shops... [Re: Anonymous #2]
#12989519 - 08/02/10 07:49 AM (13 years, 9 months ago) |
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Yeah id watch out for creating something like this... very easy to track.
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