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Topic: Duel Post ----------------------------2257 Law (Read 271 times)
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spacecadet
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In compliance with
18 U.S.C. Section 2257
This law was created to stop and expose those who are dealing with kiddie porn. I support this 100% as I being a responsible adult web site owner, freely registered my site to protect children from finding it, however the following I am not thrilled about and will effect me personally along with many others in the ProDom Industry who are regarded as Adult Service Providers (ASP's) sometimes called Escorts. I feel the reason it was passed with out our public vote, was a smoke screen to eliminate many in this industry.
We all know the government put pressure on PayPal the most used source of e-commerce for adult services and the Government have pressured other e-commerce from Stormpay to Ibill. Even E-count made it harder to use and anyone using e-commerce with Visa etc know the limitations set forth makes it hard to use as the sellers. Many will say this is wrong it is a privacy issue and or we have the right to free speech.
To join the free speech coalition is a $300.00 but still the law is the law and they are going for a injunction please read this site
http://www.freespeechcoalition.com/pdf/2257regulationspresentation.pdf .
Please read on and be prepared for the upcoming worst case scenarios..
The law which will go into effect at the end of this month on June 23rd called 2257. For anyone who owns a adult site who has photos of sexual acts and or some type of nudity this will more then likely effect them. If you don't own a site and just enjoy surfing porn and free porn at that, will see many disappearing soon.
You must you keep meticulous records documenting age/name verification along with a copy of their Drivers Lic. but also in each individuals file you must place a copy of the pictures/video they participated in. Currently the regulation reads that it must be on hard copy i.e. paper and not in digital format. Your model release forms for each and every person on your site this might not effect the escorts with soft porn photos but it will ProDoms for sure, and your own real name, real address (no P.O. boxes allowed) and such as information public on your site for all to see if they wish. It is my understanding the addresses of where the photos were taken must also be included in this public document also.
The Dept of Justice has recently nixed “third party handlers” in order to force compliance of record keeping onto the secondary producers. So it looks like if you want to keep the content on your sites and you do not have a “business address” and you work out of your home you must place your home address. So for me to have my attorney hold my documents, no longer is a option. Oh it even says if you go out of business, then your custodian of records has to keep everything for 5 yrs. Now that one makes a lot of sense don't you agreed? Read that PDF from AVN link below because it has it all in there and you can see this in more detail.
From being in a few ProDom groups (which this law will hit very hard) to adult webmaster sites to reading all I could and talking to attorneys to people in this biz, this is not looking good for all who own adult sites to those who enjoy going to them.
From my research this week after learning of the recent amendment I think this link does its best to explain what will be needed.
http://www.avn.com/2257
Look at the "primary" and "secondary" producers info carefully in the bottom URL regulations pdf They are hoping the injunction will go into effect next week. But then it appears the more it is fought the more new rules come in to play. Gotta love how fast the Government is working on this one.
Now once this law is in place it appears the fines can be up to a half a million, Uncle Sam is serious here. However what the law requires which is confusing in itself does not tell you is this straight up, much is about perception of the law. Although in reading through the AVN site and their “handbook” to compliance they openly agree that in working out of your home should your records be inspected ( the records are available for inspection during regular business hours 8 am to 6 PM – 365 days of the year.) and they see evidence of other quasi legal activities that you can be subjected to further legal actions -- easy way to get inside your home/door without a warrant. Once your name and address is up on public view then all Federal, State and City's can see this and your address better be zoned for business. Even though it is invited public coming to your in call and or in my case Dungeon, it is subject to random inspection such as health and fire and the building must be up to code just like any other place of business is. They will not need a warrent to enter.
Today is images will content be next?
Now I have been told from a few sources that if you chose to have your server in a few place which are not subject to United States Laws like proxy server in Croatia, Poland, or Netherlands and Hanoi the their rules which more or less require a warning page only. It has been told to me also that servers are starting to get pressure and sites not in compliance can and most likely will pull a site not in compliance. I have not been able to find if it is hosted outside in those locations will it still be pulled from say directories which advertise our sites.
Those with Membership sites have a nightmare to deal with for all the red tape and paper work needed. I read content before 1995 is exempt but how to prove this under the law which is vague. Note my prayers are with you there. Another concern is will memberships to such sites also be later forced to be seen publically?
So if ADP's have photos on their site, reading this law now and getting your site into compliance before the deadline will be in your best interest. The idea is to harass us out of business. They know the small operators don't have the resources to fight this in court.
And we have three more years in thisPresidency
first it was the Patriot Act and then this.
This regulation serious, as Bound and Gagged Magazine has posted that it is folding just prior to the official posting date of the 2257 changes citing that they do not have the resources to allot to attorney fees and proper protections that a business must take to protect itself now. I see them trickling this down and eventually it will effect all adult sites regardless.
I am now going to list some links for you to all read further on the subject because right now you may say this does not effect me, but two years ago adult website owners were not under the guidelines they are today and what will the future bring. Smut on the net will never be the same.
http://www.fleshbot.com/sex/straight/text/new-2257-regulations-104871.php
a excellent well written piece which should scare the hell out of you.
http://www.ainews.com/story/9013/
http://boards.xbiz.com/showthread.php3?s=36ebb01b11e6268af4c7acea991a6841&postid=230184#post230184
http://www.webmasterlinkup.com/news/nw-2257-law.php
this is the judge ruling on law.
http://my.execpc.com/~xxxlaw/2257Tables5.24.05.htm
The Attorney General's Changes to the Section 2257 Regulations
Here is a simple break down
At this time most Escorts sites showing what is considered soft porn "may" not be effected. However if the image gives the illusion of masturbating then the photo will be regarded a Hardcore Porn. Also take note this is not drawn out clearly and will be a matter or perception.
Adult site owners have three choices here at this time.
Remove all images
which would require a models release i.e. drivers lic. addresses etc. Then the 2257 law will not be a issue for the site.
Move site to the countries
which will not force the law 2257 and see if the countries are later allowed to be accessed here in the states.
Comply with the 2257
and therefore sign away your rights in the future allowing the government on all levels access to those records and the ability to seize such things like computers, memberships etc. without a warrant. This trickle down affect is what each one of us should be concerned with at this time.
Many people are not even thinking of what that trickle down effect is going to do and are not looking at the big picture. This law is to run people out of business plain and simple. In many cases it will achieve it's goal and for many none of which ever had child pornography on their sites.
The smoke screen of this law is frightening.
I just got off the phone with an attorney who is a poster on a message board and we have discussed this and each agree the law as it stands is more or less a smoke screen to allow the government more ability to shut down adult business. That is the part many will fail to see and each person must look at the worst case scenario on this subject. Sure it "may" stop some of the Child Pornographers, reality is some not all they will still be able to have sites up and done so legally. After which the Government can then go after other Adult sites who are not in compliance and the ones who are in compliance well here is a simple analogy.
The site owner will be nude on the table, legs spread far apart and anyone will be able to look up their crotch not needing warrants or the protection of the first amendment.
Many will say this does not effect me ...
For some ASP's no it might not at this time. Nothing to say down the road soft Porn won't be effected. But if any ASP such as a escort, has shots of two girl shows on their site at this time they will be effected most definitely. If they are not in compliance by the dead line they will be subject to fines and worst.
Now I am not one to panic, however I assure you many in my part of the Industry are looking at this law now with new eyes and it will dramatically effect them. Each person must think outside of the box here or be slapped in the face with some costly lessons.
Non Professional sites such as ALT.com etc. will be effected.
Leather Groups might be effected, Include fetish sites, Crossdressing Sites, any site which images can be deemed Hardcore and subject to perception. Not your perceptions but someone else's and sites will be effected.
Swinger sites might be effected, Maybe Nudist sites, Erotic Photography sites etc.
Americans must not be fooled here this Law will trickle down to areas many are not even thinking of. If a address is within so many feet of a school or church then it is open to Laws which many will not think about at this time.
So as the description is so vague determining what is and what isn't will be determined by whoever will be going after you for this. Meaning Federal to State to Local laws. From 8am to 6 pm 365 days a week random inspections will be done.
As New York and California will have a larger list for the Government to inspect, Colorado is not known for the Kiddie Porn Capitol of the World, so where will they start looking then?
Also I was asked this morning if TOB & the ColoradoXchange (The Other Board a place I have advertisied along with the ColoradoXchange at this time) is going to be effected. T.O. is not housing the ad board images on his URL and is only linking to the advertising boards now, so he is not going to be effected according to the law. The ColoradoXchange has a well written Terms of service agreement which puts the responsiblity of each public poster to provide what is in compliance of the law and removes that site from lawsuits( The understanding I have is the person who posts the images if considered hardcore will have the burdens of proof to insure it is all a legal photograph.. Linking to a place for sites which may or may not be in compliance is like saying google would be held responsible for all that content and that will not fly in court.
One possitive asspect is copyright infringement is going to most likely take a nose dive, since they will not have the models realse forms to be in compliance.
What is important right now is the webmasters and site owners look at their content and make some serious choices regarding the future. Although injunctions are in the works and I am sure many others also will be following. The point is once the law goes into effect if a site is not in compliance and you are targeted what is happening in way of the injunction will not save you from prosecution at this time. If it thrown out as unconstitutional down the road, what you will be fined for now is still a reality.
This is some serious shit people, I guarantee if you were to photograph what the Internet looks like today, right now and then compare it to what it will look like in one year with this new law, you will be shocked to see most will have vanished from existence. Sites which never had Child Pornograhy on them ever.
And before anyone go into compliance, really look at what the worst case maybe before you as a good person trying do right throw your own rights away and allow yourself to be exposed and subjected to no rights what so ever, for some of what they can do to you for being in compliance.
I am hoping this gets the word out to as many who may not be aware of the facts and they can protect themselves before they regret ignorance of not knowing. If you know an ASP or a normal person who might have a site which dall under the complaince law let them know what is going on and make sure they are out of the line of fire.
If I hear of anything I will post it, however whatever you the public can do to sway the government in to amending this will benefit many who enjoy surfing on the web.
SAVE THE PORN PEOPLE DO YOUR PART TODAY.
And know that Larry Flint is not going to go to jail or take another built for us, the American public. It is time we unite and legally fight for our free speech.
On my sites, I will still keep the links up but the page will read as follows ...
Which you all are welcome to use if you would like to.
In fact it is this page which will be linked.
And when I learn who needs to get a shit load of nasty emails etc. speaking out against this 2257 law that will be on here as well.
I welcome any calls or emails if your in need of more information regarding this law of 2257.
Until then please pass the word, the deadline is days away.
And good luck folks ...
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« Last Edit: June 23, 2005, 03:07:32 PM by spacecadet »
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