Originally Posted by pornlaw

Its already been decided and the following is a link to the analysis. 18 USC 2257 remains constitutional.

http://www.firstamendmentcenter.org/....aspx?id=21303



Not true, UNLESS, the sponsor agrees to be the third party custodian for the affiliate in the affiliate signup agreement. They would also need contracts with all existing affiliates to be able to act as the custodian for existing affiliates. However, the affiliate will remain criminally liable if they are inspected and the sponsor hasnt kept up with their records or they made a mistake in keeping the records.



My understanding is that the mere transfer of content without providing docs/IDs is also a violation of 18 USC 2257. Sponsors and affiliates have some serious issues with the new regs under 28 CFR 75.