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jamiexxxooo Newbie
Joined: 25 Jan 2004
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| Posted: Fri Jun 17, 2005 4:55 am Post subject: What's up with the 2257 law? / What's up with the 2257 law? |
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CUSTODIAN OF RECORDS- USC TITLE 18, SECTION 2257 COMPLIANCE- I do not understand what's up with this... Do i need to record each show i do? i'm lost with this stuff.
Any info would be a great help. |
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kim Old hand
Joined: 26 Apr 2005
Location: USA
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| Posted: Fri Jun 17, 2005 5:29 am Post subject: Re: What's up with the 2257 law? / What's up with the 2257 law? |
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| jamiexxxooo wrote: | CUSTODIAN OF RECORDS- USC TITLE 18, SECTION 2257 COMPLIANCE- I do not understand what's up with this... Do i need to record each show i do? i'm lost with this stuff.
Any info would be a great help. | It has to be put on your site showing you are in full compliance with this law. It means that all your models are atleast 18 years of age or older. at the bottom of each page wouldnt hurt to display USC TITLE 18, SECTION 2257 COMPLIANCE all models on this site are in full compliance. And it is proven by your model release and model contracts which you need to file and keep. either you can be the custodian of records or you can have someone be it 4 u. Hope this helped. see below.
All models, actors, actresses and other persons that appear in any visual depiction of actual sexually explicit conduct appearing or otherwise contained in this Website were over the age of eighteen years at the time of the creation of such depictions.
All other visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual depictions do not consist of depictions of conduct as specifically listed in 18 U.S.C section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.
With respect to all visual depictions displayed on this website, whether of actual sexually explicit conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created.
The owners and operators of this Website are not the primary producer (as that term is defined in 18 USC section 2257) of any of the visual content contained in the Website. Please contact Custodian of Records via e-mail with any questions you may have or write to the following address:
Custodian of records:
Your name here
123 street
somewhere, state
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Hony Site Admin
Joined: 25 Jan 2003
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| Posted: Fri Jun 17, 2005 8:09 am Post subject: / What's up with the 2257 law? |
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AKA, get a lawyer --- really. Particularly if you are within grasp of the US law system.
Hony |
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AWSP Old hand
Joined: 31 Aug 2004
Location: USA
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| Posted: Sat Jun 18, 2005 8:50 am Post subject: / What's up with the 2257 law? |
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I do suggest you talk to a lawyer.
I am not a lawyer and the damn thing is so vegue and can be viewed in so many different ways that its impossible to say anything else but, "Watch it, cus they are cracking down HARD.."
So far this is the best place i have found info on exactly whats going on but its just another forum. And im still not totally sure of the impact of this new law. http://fans.ksexradio.com/forum/showthread.php?s=&threadid=3339
I do suggest you talk to a lawyer.
here is a small idea of what i can see in the sea of shit.
They are going to require ALOT of information on each performer and a copy of every image, and/or video they are in, including Live streamed video.. and URLs where all these images/videos can be accessed.
Also if u are a US business you cant legally use performers from other countries in any type of sexual explicite form.. Images/videos live/recorded. because they dont have a US goverment issued ID..
Linking with a pornographic banner on your site?, you have to have those records for that banner. Selling adult porn DVDs? you need the records for the thumb images of each DVD cover.
If you are an "at home performer/webmaster" you will need to put your full address and name as the custodian of records. No thrid parties anymore must be a name and a real address no PO boxs.
this info is given to all who want to use or display your images on there sites also..
These records must be available to them from 9am to 5pm Mon-Fri .. They must be indexable by Last name, Alias names, Image/video name ...... more alot more
TGPs will no longer be around. Unless they have a copy of the records for each image they link to, same for Pic posts, same for movie posts....
I mean this is what i see so far.. They are fighting it but it goes live in 6 days..
Live webcam sites are going to get hit pretty hard also.. they now have to record ALL streams.. and keep them for 7years...
As i said im not a lawyer, and its not writen in plain english so it is very hard to know EXACTLY what effects this will have.. And even if it will stay around for very long, or be thrown out in the first month..
But if you are involved with "sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; bestiality; masturbation; sadistic or masochistic abuse; or lascivious exhibition of the genitals or pubic area of any person" then you better sit up and pay attention...
Good luck.
AWSP |
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PMstudio Newbie
Joined: 20 Apr 2005
Location: just west of Toronto
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| Posted: Sat Jun 18, 2005 10:53 am Post subject: 2257 is a joke / What's up with the 2257 law? |
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If only it did what it was meant to do, namely protect children.
It does nothing of the sort. What is does do, is increase the potential for harm and danger to performers, in my not-very-legal opinion.
My understanding is that the address given has to be where the computers are. No PO boxes allowed, no 3rd party custodians allowed. So everywhere there is a performer (male or female.....no need to be sexist ), the address will be available to pretty much every potential psycho and wackjob that wants to find out where a particular performer works.
I am not sure of the impact of this. Will studios officially die now? What about performers working from home, with their own websites? How comforting can this be to them? Or anyone else working from home.
It's just not a good law in any sense of the word. What were they thinking? |
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darkangelbliss Old hand
Joined: 15 May 2004
Location: florida
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| Posted: Sun Jun 19, 2005 2:04 pm Post subject: / What's up with the 2257 law? |
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I too have been trying to figure out this outrageous mess ... ( thank you republic moronic government.) Can someone tell me please, does this mean that as the owner of a personal at home adult site I have to publicly display my name & addy in the records area? Also, regarding banner adds & topsites, does this mean that if a banner link on my site shows something that would be considered "sexually explicit" I have to have there info in my file too? And does this pertain to nudity or implied nudity, or actual exposure genitalia or simulated/real sex acts? If the banner is visually "clean" yet has verbage regarding sex /fetish or BDSM, is that in itself an issue? What about text links? This is clearly absurd tyranny and has nothing to do with protecting minors. Scary.. what country is this anyway??? All "help" responses will be very appreciated while I decide if I should just throw in the towel now or wait until the next piece of shit hits the fan..
Bliss |
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minniesoporno Old hand
Joined: 28 Oct 2004
Location: Toronto
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| Posted: Sun Jun 19, 2005 11:38 pm Post subject: / What's up with the 2257 law? |
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Basically they want to make sure everyone who does adult work solo or with a company they have thier paper work to back up who they are, where they are from and diffinitely to make sure they are over 18 or 21 depending on where they live
so If you work for another site suchs as iFriends, ImLive, Streamate or whatever keep a hard copy of the model agreement and a scan CD copy of the agreement with your photo ID and any pay cheques just to be safe.
I know its annoying but they make the rules so there is no point in fighting them because who knows they might start make everything more strick and regulated. |
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AWSP Old hand
Joined: 31 Aug 2004
Location: USA
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| Posted: Mon Jun 20, 2005 4:19 am Post subject: / What's up with the 2257 law? |
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Bliss,
| Quote: | | does this mean that as the owner of a personal at home adult site I have to publicly display my name & addy in the records area? |
YES!
| Quote: | | Also, regarding banner adds & topsites, does this mean that if a banner link on my site shows something that would be considered "sexually explicit" I have to have there info in my file too? |
From what i can tell, YES.
| Quote: | | And does this pertain to nudity or implied nudity, or actual exposure genitalia or simulated/real sex acts? If the banner is visually "clean" yet has verbage regarding sex /fetish or BDSM, is that in itself an issue? |
sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; bestiality; masturbation; sadistic or masochistic abuse; or lascivious exhibition of the genitals or pubic area of any person
Simulated i think is ok, not sure there either.
Text links..
No idea lol..
This is in the US
And no it does nothing to protect children... isnt it amazing.. Bleh!
*EDIT it gets worse too, from what i can tell they will REQUIRE you to record ANY live shows you do..and keep them for 7 years.. also you must supply URL to WHERE EVER your content/images/videos will be accessable by the internet. |
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darkangelbliss Old hand
Joined: 15 May 2004
Location: florida
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| Posted: Mon Jun 20, 2005 12:34 pm Post subject: / What's up with the 2257 law? |
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Grrrr.. Thanks so much (AWSP) for clearing the fog that waifted into my brain due to the amazingly backwards and unjust governmental system we have in place... I am all for protected internet viewing and am myself dismayed at some of the visible & blatant sexually oriented stuff available for free for all to view on the net. BBut this little freaking law seems to serve no purpose.. except for harrasment. whew.. I am still amazed!
Sincerely,
Bliss |
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AWSP Old hand
Joined: 31 Aug 2004
Location: USA
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| Posted: Thu Jun 23, 2005 8:21 am Post subject: / What's up with the 2257 law? |
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ok well more news.. or more clarification.
If Hony would be so kind as to ..copy this thread to the webmasters area, possibly even the studio..
It appears that Text link is fine..
If you link with a "sexually explicit" banner, then you need the records of each model that appears on it.
I talked to a person from the free speech coalition (the people fighting this stupid law,, GO FSC!!) . He said .. if its a picture containing Sexually explicit scenes, Even if you cut just the faces out, and use them on a banner you need the records for it. So be aware of this..
Me as a web designer and host, i need records for any images i change, make etc. basically in my case anything i make into a PSD (Adobe photoshop) I need the records for.
Anything i host, i need the records for.. still not sure if this is true.. still very confusing this secondary producer crap..
So this is a real pain in the ass law...
The things you see here and other posts on this thread are just the tip of the iceberg.
And it goes "live" tomorrow..
Scrambling alot are..
Be aware of it.. but .. dont freak to much, just hang on and ride the wave ..... until it settles. They are fighting it tooth and nail, and mean to see it destroyed.
Again im not a lawyer, im posting what i see from the sea of shit..
I do suggest you talk to a lawyer.
AWSP
**EDIT My spelling sucks.. sry. |
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juggernaut Old hand
Joined: 16 Aug 2004
Location: If I was rich and powerful I would dress as my avitar does.
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| Posted: Tue Jun 28, 2005 12:26 pm Post subject: / What's up with the 2257 law? |
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justr some quick updates on this here are some posts that have been on the internet news
http://news.com.com/Sex+sites+win+reprieve+from+new+federal+rules/2100-1030_3-5760944.html
http://www.wired.com/news/politics/0,1283,67991,00.html?tw=wn_1polihead
If you have not signed up with the FSC than you are currently subject to all the laws. But as of afternoon thurdays if you are able to sign up at fsc by saturday then you will still have to follow the law but fsc will hold your records and the DOJ has to go threw them to get them. Not that it really matters. But seriously look into this an you will see a massive nightmare taking place in the adult internet business. you might see some banners missing from some sites and you might also see allot less banners on any sites. Most WM are scared and looking at useing all text links because ass of now those have no been mentioned in the law. Read around. there is a complete break down of what was and was not changed on xxxlaw.net
http://my.execpc.com/~xxxlaw/2257Tables5.24.05.htm
I dont say use this guy or anything but this law firm is the firm that was used by the FSC in thurdays injunction. They seem to have the essiest breakdown in whats going on. |
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AWSP Old hand
Joined: 31 Aug 2004
Location: USA
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| Posted: Sat Jul 02, 2005 1:18 pm Post subject: / What's up with the 2257 law? |
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Not sure we Dodged anything yet, here is a quote i found, it seems to explain alot, in simpler terms.
| Quote: | From AdultFYI.com:
Dodging the 2257 Bullet
2257 has elicited very little outrage outside the small community of the Free Speech Coalition
--Planet Out
WWW- You may not be aware of it, but you just dodged a bullet.
A true crisis of civil liberties has been narrowly averted, at least until Sept. 7. On June 23, 2005, Federal District Court Judge Walker Miller affirmed an agreement between the U.S. Department of Justice and plaintiffs in the case, temporarily blocking the enforcement of rules that would have forced many Web sites featuring adult material to shut down, cut back services or change their business plans.
What does this mean? Members of the Free Speech Coalition, of which PlanetOut Inc. is a member, maintain that your First, Fourth and Fifth Amendment rights are at stake, as well as the constitutional definition of legal search and seizure, just for a start.
Who are the actors in this American drama? A cast of characters no less varied than Attorneys General Janet Reno, John Ashcroft and Alberto Gonzales, and the above-mentioned Free Speech Coalition—with a cameo by porn-star-turned-actress Traci Lords.
The law threatens Web sites that show adult photos and images in retail offerings, personal ads or other member-generated content, as well as the porn industry in general. It originated in 1988 with a government mandate to stamp out child pornography. That legislation, nicknamed the “Traci Lords Act,” was aimed at producers of sexually explicit videos and films, and was designed to protect minors like Ms. Lords from exploitation by requiring those producers to maintain files with government IDs of all performers—and to make those files available for federal government inspection.
In 1998, President Clinton’s Department of Justice attempted to broaden the interpretation of “producers” of such material to hold culpable those who re-publish the material as well as those who create it.
In a legal challenge to that ruling, Sundance Associates v. Reno, the 10th Circuit Court of Appeals ruled that the plaintiff, a publisher of magazines for swingers, was not subject to the jurisdiction of 18 U.S.C. §2257 for publishing sexually explicit photos of consenting adults. The 10th Circuit also ruled that the Justice Department, under the leadership of Attorney General Janet Reno, had overstepped its bounds by expanding the definition of the word “producer” in the original law into “primary” and “secondary” producers in its regulations.
On May 24, 2005, Gonzales tried an end run around the 10th Circuit, reissuing the regulations and giving sites only until June 23, 2005—today—to comply.
According to the regulations, countless Web site operators would be held to the onerous burden of maintaining, in effect, copies of the government-issued identification—U.S. only—of every individual with a photo that could be considered “sexually explicit.” And here’s the rub: The regulations applied not just to every individual, but to every individual photo, retroactive to June 1995. Failure to comply would result in up to five years in prison for the first offense, and up to 10 years for every subsequent offense, with sentences computed sequentially, not concurrently. Compliance, in this famously business-friendly political climate, would require bookkeeping on a gargantuan scale, even for small operations, and inspections would be conducted without warrants.
Essentially, your ability to exchange material that could potentially be considered sexually explicit by the Department of Justice would be crippled, and along with it, your rights to privacy and free speech.
This is all implemented under the guise of “prevent ( ing ) the exploitation of children.” Who could argue with that logic? In response to the Free Speech Coalition’s suit, Gonzales stated that, “With this lawsuit and motion for a temporary restraining order ... plaintiffs seek to deprive the government of an important tool in the fight against child pornography.”
Ironically, what gets all but lost in the debate is the question of whether these regulations, under 2257, actually would serve to protect children from sexual exploitation. On the Web site for the Free Speech Coalition, writer Mark Kernes points out “given the enormous scope of the regulations, and the unlikelihood that they will prevent one single minor from appearing in a sexually explicit depiction—the four minors who did manage to sneak into the adult video industry in the past 20 years,” of whom Ms. Lords is arguably the most famous example, “reportedly all had identification documents that would have passed muster even under the new regulations.”
But since the stated purpose of 2257 is to protect children, its broader impact has gone surprisingly unnoticed by the general media, and it has elicited very little outrage outside the small community of the Free Speech Coalition. Free speech advocates argue that it provides the Bush Administration and its allies in the religious right with powerful legal and rhetorical tools to silence Web sites and media outlets it finds offensive, and point out remarkable continuity with the kind of dramatic, sweeping “with us or against us” language used to galvanize support for the war on terror and to advance the Patriot Act.
Because of the danger of selective enforcement of these regulations, many fear that the current cultural and political climate—with such a widespread movement against the so-called “homosexual agenda” by religious groups—provides the current administration with a convenient tool to go after LGBT freedoms first.
The case continues on Sept. 7, 2005.
We dodged a bullet this time. Let’s be better prepared the next time.
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People need to be aware, that you are going to be the one who gets hurt the most with this law..
Im not saying go out and join FSC, its to late anyway. But be aware and .. keep your eyes wide ..
I have also been informed by the FSC that TEXTUAL links may be considered the same as linking with an image, after all you are promoting that site and there fore promoting Sexually explicit content..... BLEH! .
AWSP.. |
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juggernaut Old hand
Joined: 16 Aug 2004
Location: If I was rich and powerful I would dress as my avitar does.
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| Posted: Sat Jul 02, 2005 2:00 pm Post subject: / What's up with the 2257 law? |
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To make it even more simple for everyone. Let's put it like this. Let say you own a site. Any site. Not a porn site. Lets say a simple picture posting site where members talk about anything an can post pictures. Well now if someone posts a picture lets say the picture is a guy and his girl friend out in the street during marti gra (spelling?) holding hands, anyway, in the back round is a young lady flashing her boobs 20 feet away. Well you as the site owner now will have to either pull that picture down or find out who that girl is and get her legel ID in order for that picture to remain on your site. If you do not then it can be considered "sexual content" the government has not stated yet their definition of sexual content. It's a very broad stroke of the pen. If you do not pull that photo you can be placed in jail. Now this is the extreme example but fact is thats how this is going currently. My personnal thoughts are that it will be shot down and not made into a law. This first round won by the FSC is a good start. But bad things about it are that people should not have to be members of the FSC in order to be protected from this law. Fact is the government would most likly not go after people at this time with the case being the way it is. But they have every right to if you are not in the FSC. Total Nazi mentality.
Now the other night I was talking to a studio owner and explained to him the required documents to get on my site. I explained to him the new laws. He said he did not care cause he was not in America and they dont effect him. Well they do. If allot of sites can't comply with this law they will either have to move out of country, (which currently the USA is working on stoping that and making provisions to stop it, IE if you use american hosting companies or billing services, you are responsible) Or they will have to shut down. Right now studios an models have tons of sites they can work on. But that may not be the case in the future cause the USA is also talking about requiring out of country hosts to have a valid visa or work permit in order to work an american site. |
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juggernaut Old hand
Joined: 16 Aug 2004
Location: If I was rich and powerful I would dress as my avitar does.
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| Posted: Mon Jul 04, 2005 3:09 am Post subject: / What's up with the 2257 law? |
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| Quick update on this. My wife is looking to work on F4F she is from Romania and they saw her ID and told her that in order for her to work she needed to have a valid permit to work on there site that states she can work in the US. Well she can work in the US she has to ID saying so. We sent them that ID but already compainies are gearing up for this. If you are not from the USA give them a try and see if they require you to have a vaild work permit for the US. Try and sign up with them. |
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tespio Newbie
Joined: 28 Oct 2004
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| Posted: Thu Jul 07, 2005 5:47 am Post subject: Oh well .. / What's up with the 2257 law? |
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Few lines or many lines. I could reply a shitload of text here regarding 2257. I dont really understand why the DoJ wanted to enforce the new regulations. I suppose they only need to justify the time spent "in service of people" and the money they get for spending their free time. Anyhow .. there are alot of cams sites out there and many of them are in the USA. iFriends created a special section for the new regulations. Well we know their law division did it which consists in a whole tribe of lawyers.
ImLive for example makes a very clear note they dont give a F-ck about the new 2257 regulation making use of the decision of US Court of Appeals for the Tenth Circuit in Sundance Associates, Inc v Reno, 139 F .3d 804, 808 (10 Cir 1998), which helds that entities which have no role in the "hiring, contractingfor, managing, or otherwise arranging for the participation" of the models or performers, are exempt from the record-keeping requirements of 18 U.S.C. 2257. Aren't they SMART?! .
More or less cams companies will move offshore. There are quite a bunch of places where you can establish a new company and operate out of the incidence of this new regulations. Cyprus, Vanuatu, Honk Kong and so many others that offers very good conditions. So let's clear this a bit .. either companies will run outside USA or well established ones that can afford a ton of lawyers will go on like they are.
Have a nice day. |
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