|
Anonymous #1
|
Legality of this forum?
#13983561 - 02/18/11 09:07 AM (12 years, 11 months ago) |
|
|
Can anyone explain how this forum operates legally?
Is all information legal?
I run a forum myself but I don't want to go to jail. What I need to understand is where the boundaries lie. I don't understand how a site with vendors for example is illegal but one with info on how to grow illegal drugs isn't?
Or is it just the case that vendor sites are not illegal ?
|
Maharishi_2_U
Opt Out Super Fag


Registered: 10/21/09
Posts: 6,316
Loc: The Streets
Last seen: 8 years, 10 months
|
|
Uhhhh Google
|
jacobensis
captain


Registered: 01/15/11
Posts: 318
Loc: comunist/socialist/ usa
Last seen: 10 years, 11 months
|
|
its called freedom of speech- the constitution mentioned it. just because you talk about something does`NT quite meen you are doing or are going to do it. freedom of speech- freedom of expression- freedom of press. their is a law on the books about conspirecy but that is a tricky one to prove- though it has been done. as fare as vendors, alot of the U.S.A based ones receive there stuff via mail order then resell it to us. im sure they are harassed by law enforcement (psilocybe fanaticas) but still manage to stay in business. if you think you could be liable for anything, maybe you can talk to an attorney about your web site and see what the laws are. and as always- peace to my nigga drizzay
-------------------- There are 2 types of people, mycophobes and mycophiles R.Wasson
|
5-HT2A

Registered: 01/30/10 
Posts: 1,794
|
Re: Legality of this forum? [Re: jacobensis] 1
#14010142 - 02/22/11 09:29 PM (12 years, 11 months ago) |
|
|
Depends on what country you live in. Freedom of speech is highly valued in modern societies. If you were to post about how Ted Bundy killed his victims, somebody might try to copy that but that doesn't mean the person disseminating the information is a criminal. He didn't make the other person do anything. Similarly, talking about how to grow mushrooms or traffic in drugs is not the same as causing someone to do it or doing it yourself. You might be an enabler in a sense but a knife maker is not liable for the actions of a murderer. Same principle.
Standards outside the U.S. may be different.
|
johnm214


Registered: 05/31/07
Posts: 17,582
Loc: Americas
|
|
The site is online cuz nobody has taken it off, simply.
In the US, information is generally not unlawful. In other countries, even western liberal democracies such as Canada, UK, France, et cet, there is quite a range of information and speech which is actually banned by the law. People seem quick to claim the US is curtailing free speech due to some hysteria over news headlines, or claim that the right of free speech has diminished since the constitution's ratification or the early years of the country, but these folks never seem to be able to back up their claims, and generally seem ignorant. The freedom of expression is one of the best things about the US, and I'm unaware of any country better protecting of the right. Since the Shroomery is generally a US entity, this is the jurisdiction most relevant to its operation.
Quote:
Anonymous said: Can anyone explain how this forum operates legally?
Is all information legal?
In the US, essentially yes. The only decent exception I can think of is some of the child pornography laws (which I think should be reconsidered) that don't require a particular intent or other criminal act on the part of the accused. I have doubts as to the constitutionality of some of these laws, but "save the children" has produced far more injustices than these.
In some situations a person may be unable to disclose information he obtained from a particular source without that disclosure constituting an offense, but these cases generally punish the fraud or breach of promise rather than the disclosure of the info itself, despite the later being an element of the offense (such as someone who accepts a security clearance and promisses to faithfully hold the info secret but later publishes it- he may be punished for the disclosure, whilst the information itself is not banned or illegal by itself and could have been published by him lawfully had he not obtained it through a security clearance, for example).
Often people have difficulties distinguishing between laws that punish expression and prevent such, which are unconstitutional in the US, and convictions or laws that have speech acts as an element of the offense or that serve as evidence. For example, you may be convicted of the offense of bank robbery due to the sole evidence being a stickup note in your pocket or a confession you wrote, but the offense was not the note or the expression of the ideas contained therein, but rather the robbery or intent to rob. Poster Stonehenge has made a number of uncited claims that you cannot be convicted due to things you post on this forum, for example, and I consider this an example of people confusing the prohibition of the first amendment on laws preventing speech with the simple use of such speech as evidence of a crime or as satisfying a particular element thereof (such as prohibiting negligent or intentional cause of harm and panic and convicting someone on the basis of evidence that they shouted fire when they knew of no fire- the speech act is the evidence rather than the offense, which is the intent or negligent cause of panic, damage).
Quote:
I run a forum myself but I don't want to go to jail. What I need to understand is where the boundaries lie. I don't understand how a site with vendors for example is illegal but one with info on how to grow illegal drugs isn't?
Or is it just the case that vendor sites are not illegal ?
A site with vendors is not per se illegal.
In this case, the most relevant offenses under US law would be the manufacturing, possesion, or trafficking in controlled/listed/analogue substances, attempt/conspiracy to do so, and so forth. You do not have to have actually manufactured/traficked/possesed anything to be convited under the law (though again, forum poster Stonehenge maintains a contrary position, but he cannot provide law for this claim so I personally would consider it not credible) but you must have either intended to do so or intentionally facilitated such. Negligence may be grounds for asset forfeiture and the closing of the site, but generally does not give rise to criminal sanctions absent particular intent or willful conduct with knowledge of its effects.
With a site that has vendors, if the vendors sell per se illegal items, such as scheduled substances, then it is an easy case to show you were trafficking through an agent. Where the site has vendors that don't sell items per se illegal, such as pipes or cultivation materials, the case is more difficult and would require the establishment of a knowing facilitation or intentional furtherance or acceptance of such illegal conduct. As generally these sites make money on the advertisements, the motive and intent/knowledge element becomes more easy to prove, and if the other factors show a clear design towards unlawful acts, this motive and profit-making can be very relevant.
Of course, in the end, the biggest tip off is what people themselve say- which can convict you of anything regardless of what the evidence in print actually was. People seem to forget this when discussing such things- when your postings on the site or your statements to police (and everybody makes them, few actually remain silent under interrogation- and Obama's trying to further limit protections on those invoking silence and requesting an attorney) provide elements of the offense, such as you acknowledging knowing what people are doing with the stuff they bought via your sponsors, the prosecution becomes much easier. People seem to think that if they don't admit everyh element of the offense, only conceding "what they allready know" such as that you are aware the items sold by your sponsors are used for illegal drugs, that they are ok, but this is terribly incorrect: they've satisfied what can be the most difficult element to prove: knowledge and willful continuation, even intent. With vendors, if the vendors sell items per se illegal, such as scheduled drugs, then
|
henk600
Medical cannabis user



Registered: 07/08/10
Posts: 635
Loc: nederland
Last seen: 12 years, 3 months
|
Re: Legality of this forum? [Re: johnm214]
#14011920 - 02/23/11 03:56 AM (12 years, 11 months ago) |
|
|
This forum follows the united states law rules on every member who post here.
I know this by experience since i asked to trade some cannabis seeds in the market place,costed me an 24 hour ban from the marketplace. (which i respect,i did not know it and a ban is safer then the fbi) We have to follow the US law on this forum where ever we come from.
Illegal?no,illegal things are forbidden on this forum so dont wurry. This site is 100% legal but be carefull to not trade devils weed seeds cause uncle sam dont like it
--------------------
Edited by henk600 (02/23/11 04:19 AM)
|
Seuss
Error: divide byzero



Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 2 months, 21 days
|
Re: Legality of this forum? [Re: henk600]
#14012209 - 02/23/11 07:30 AM (12 years, 11 months ago) |
|
|
> This forum follows the united states law
We have spent quite a bit of money on lawyers that review the site, along with our practices and policies, to ensure that we are not breaking any laws within the United States. Over the years, we have made several changes based upon feedback from our lawyers.
> I run a forum myself but I don't want to go to jail.
Assuming you are worried about the legality of your site, I would recommend having two or more lawyers review your site to ensure that you are not violating any US laws.
-------------------- Just another spore in the wind.
|
|