Legal Position & Compliance

1. Non-Custodial Architecture

Technical Implementation:

• User content (text, images, files) is processed transiently in memory during the active user session only.
• Files are encoded and transmitted directly to the blockchain inscription service (OrdinalsBot API).
• Upon successful broadcast, all file data is purged from our systems.
• Our database retains only non-content metadata: order IDs, transaction references, user email addresses, and status flags.
• We do not maintain a content delivery network (CDN), file storage bucket, or media library for inscribed data.

Legal Implication: Eternal Record cannot be considered a "host" or "content provider" under traditional legal frameworks, as we do not possess, store, or control the content post-transaction.

2. Mere Conduit Status

Eternal Record's role is purely technical facilitation—similar in nature to a web browser, search engine, or API gateway. We provide:

• A user interface for composing and formatting content.
• Image optimization and file compression (client-side and server-side preprocessing only).
• Payment processing integration (via third-party processor (coming soon)).
• API relay to blockchain inscription services (OrdinalsBot).
• Post-inscription reference lookup (displaying Inscription IDs and transaction hashes).

We do not:

• Review, moderate, pre-screen, or editorialize user content.
• Select, curate, or recommend specific inscriptions.
• Exercise control over the content, structure, or presentation of inscribed data.
• Maintain copies or backups of user files.

Legal Implication: Under frameworks such as the EU E-Commerce Directive (Articles 12-14), the U.S. DMCA safe harbor provisions (17 U.S.C. § 512), and similar international doctrines, Eternal Record operates as a "mere conduit" or "transient technical intermediary."

3. Distribution vs. Linking

How Content Retrieval Works:

1. User visits a "proof page" on EternalRecord.io after inscription.
2. Our interface displays the Inscription ID (a blockchain reference, similar to a URL or DOI).
3. If the user clicks to view the inscribed content, their browser fetches the data directly from:
   • A third-party explorer (ord.io, ordinalsbot.com), or
   • A Bitcoin full node they control, or
   • Any other compatible Ordinals indexer.
4. Eternal Record's servers are not involved in this data transfer.

Analogy: This is functionally identical to a search engine providing a hyperlink. The search engine is not liable for the linked content because it does not host, store, or transmit the underlying material.

Legal Implication: Eternal Record is not "distributing" content within the meaning of criminal distribution statutes (e.g., 18 U.S.C. § 2252, 2252A for CSAM). We provide references to decentralized, publicly accessible blockchain data.

4. Proactive Safety Measures

Technical Implementation:

• Content Fingerprinting: Every file submitted for inscription is processed through a SHA-256 cryptographic hash function, generating a unique content signature.
• Pre-Transmission Filtering: Before any data is relayed to the blockchain inscription service, the hash is checked against our prohibited content database.
• Automatic Rejection: If a hash matches a known prohibited signature (e.g., from a legal notice or law enforcement request), the inscription is immediately rejected with a clear error message.
• Hash Database Maintenance: Our system allows rapid addition of new prohibited hashes in response to DMCA notices, court orders, or NCMEC reports.
• Transparency Logging: All content hashes are logged (but not stored permanently) to facilitate compliance audits and legal reporting.

Rate Limiting & Abuse Prevention:

• IP-Based Rate Limiting: Users are limited to 5 inscription attempts per hour per IP address.
• File Size Restrictions: A strict 350KB file size limit prevents bulk data abuse and ensures the service is used for personal tributes, not automated distribution systems.
• Payment Gating: All inscriptions require payment processing through regulated financial providers ((coming soon)), creating an audit trail and age verification layer.

Regulatory Implication: These measures demonstrate to regulators, payment processors, and hosting providers that Eternal Record operates proactively—not merely reactively—to prevent misuse of blockchain permanence technology.

5. Good Faith Measures & Compliance Framework

Beyond technical filters, Eternal Record maintains comprehensive compliance policies:

a. Terms of Service & User Representations

All users must affirmatively agree to our Terms of Service, which explicitly prohibit:

• Child sexual abuse material (CSAM)
• Malware, viruses, or malicious code
• Copyright-infringing content
• Non-consensual intimate imagery
• Content that violates applicable law

Users represent and warrant that they are the legal initiator of the transaction and assume full responsibility for the content.

b. DMCA Compliance & Reporting Mechanism

We maintain a formal DMCA Policy and designated agent for copyright notices. Upon receipt of a valid takedown notice, we will:

• De-list the Inscription ID from our interface within 48 hours.
• Remove all references, links, and previews from our website.
• Add the Inscription ID to our internal blocklist.

(Note: Blockchain data cannot be deleted, but we prevent its display on our proprietary interface.)

c. Technical Blocklist

We maintain an internal blocklist of Inscription IDs flagged for legal or compliance reasons. Blocked inscriptions:

• Will not display on proof pages or search results on EternalRecord.io.
• Will return a compliance message: "This content is no longer available on this interface due to a legal or compliance request."
• Remain accessible through other means (third-party explorers, direct blockchain queries), as we cannot control the underlying public ledger.

d. Cooperation with Law Enforcement

Eternal Record cooperates with valid legal process, including subpoenas, search warrants, and court orders from U.S. federal and state authorities. We will provide:

• Order metadata (email address, timestamp, payment reference)
• Transaction hashes and Inscription IDs
• Access logs (to the extent retained)

We cannot provide the inscribed content itself, as it is not stored on our systems.

e. Age Verification & Payment Gating

Our service requires credit card or Apple Pay processing via (coming soon), which performs:

• Identity verification (in certain jurisdictions)
• Age verification (users must be 18+ to hold payment instruments)
• AML/KYC compliance as required by financial regulations

This provides an inherent barrier against anonymous misuse.

6. Blockchain Immutability & Legal Realities

The Bitcoin blockchain is a permissionless, decentralized, and immutable public ledger. No single entity—including Eternal Record—can alter, delete, or censor data once it has been confirmed by network consensus.

Key Technical Facts:

• Bitcoin operates via distributed nodes run by thousands of independent operators worldwide.
• Inscription data is embedded within Bitcoin transactions as witness data (Taproot script spends).
• Any individual with a Bitcoin full node can independently retrieve and view inscription data without relying on any website or service.
• Eternal Record does not operate Bitcoin nodes, miners, or indexers.

Legal Implication: Requiring Eternal Record to "delete" blockchain data is technically impossible and legally analogous to holding a library liable for the content of a publicly available book referenced in its catalog.

7. Jurisdictional & Governing Law

Eternal Record operates under the laws of the State of Montana, United States. We comply with:

• U.S. federal law (including DMCA, CAN-SPAM, COPPA)
• Montana state law
• International best practices where applicable

For international users: By using our service, you acknowledge that your data may be processed in the United States and subject to U.S. legal jurisdiction.

8. Summary of Legal Position

Eternal Record operates transparently, lawfully, and in good faith within the technical constraints of decentralized blockchain technology.

9. Contact for Legal & Regulatory Inquiries

For legal notices, compliance requests, law enforcement inquiries, or regulatory correspondence:

For urgent law enforcement matters, please include "URGENT: Law Enforcement Request" in the subject line.