ErosGuide.com and 2257 /4472
This is what they are emailing their "advertisers"
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Dear Eros Advertiser,
It is very important that you take the time to read this notice in its
entirety as a new US law impacts the type of photos you can submit to
any site or newspaper where you advertise.
*** Summary: ***
On July 27, 2006, President Bush signed a new law that expands the
types of images subject to 2257 record keeping. An expanded definition of
the type of images defined as depicting "sexually explicit conduct" will
require rigorous documentation to be kept on file for new photos
meeting the broader guidelines as of the laws effective date.
*** The Facts: ***
On July 27 President Bush signed into law H.R. 4472: Adam Walsh Child
Protection and Safety Act of 2006. The series of acts within the bill
are targeted to protect children from harm and exploitation. Eros Guide
supports the efforts to make our children safer and has always taken a
pro-active stance on this issue as evidenced by our membership in the
ASACP (Association of Sites Advocating Child Protection), Net Nanny,
Cyber Patrol, Cyber Sitter, Safe Surf, and ICRA.
However, the bill also includes changes to the existing US Code Section
2257 by redefining the types of photo images requiring record keeping.
The intent of this record keeping is to ensure creators and publishers
of adult content collect and preserve IDs to ensure no underage
performers are involved. Photos with 2257 content require that the individual
featured in the images provide to anyone publishing their image a copy
of their ID along with their legal name, date of birth and every stage
name or alias ever used as an entertainer. This personal information is
to be kept in a place accessible for review by the authorities.
Prior to this new law we chose not to publish content that would be
subject to 2257 record keeping requirements. We felt that the requirements
were too intrusive given that our clients still could post a broad
range of photo types. However this new law expands the images requiring
documentation to include "the lascivious exhibition of the genitals or
pubic area". This means any photos that show nudity of the genitals or
pubic area (including pixilated, blurred, cropped or blocked) are now
subject to the record keeping requirements (bare breasts are still fine).
*** What it means to our advertisers: ***
Using our best judgment and trying to obey both the letter and spirit
of the law, we are establishing revised photo guidelines.
Effective July 28, 2006, the Eros-Guide will no longer publish photos
showing any genital nudity including genital images obscured by
pixilation, blurring, cropping, black boxed or genitals hidden by any digital
enhancement. Additionally, genital images with see-through clothing,
paint or liquid latex coverings will not be published.
Note, any photos published before the bill was signed into law are
"grandfathered" and therefore will not require documentation and can remain
on the site.
On the surface this seems simple, but the current interpretation of the
law indicates that if you reproduce a 2257 image (falling under the
grandfathered status) after July 27, 2006 it will lose that status. What
this means is that if a grandfathered image is reproduced in any number
of scenarios (for example placing a visit ad off of a base ad) the
image will lose its' grandfathered status . Of course we will make
accommodations in policy to facilitate no cost early photo updates as needed.
We will continually update the guidelines as we learn more from the
branches of government as well as our own attorneys, but we are asking you
to work with us through the changes.
*** For the long run? ***
Our long term plan is to offer you the choice of either using photos
that don't require documentation or to provide the documentation needed
to publish more explicit materials. However, until we can both get more
clarification on what qualifies as 2257 and build out the required
system for maintaining the records, we will temporarily not be able to
accept or publish photos (new or from any photos submitted in the past)
that MIGHT require 2257 documentation.
We sincerely appreciate your continued business as everyone in the
adult entertainment industry works through the issues related to this
significant change in the legal environment.
For our clients with personal websites containing adult material we
highly recommend you review the law changes and seek legal counsel if you
have any questions related to compliance with the new law.
As always we will do everything possible as a business to accommodate
your hectic schedules and lessen the impact of this government mandated
change.
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__________________
I have no sig...sigh
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