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Old 07-21-2011, 01:38 PM   #1
Vegas Ken
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2257 - What's the deal?

Hey everyone!

We have not had pics or vids on the site for many years, so I kind of had lost track of the 2257 requirements as of late. I know that it had been a huge topic of conversation in years past, but now you don't hear too much babble about it.

So what are the current regulations for affiliates to stay legit when promoting affiliate program provided content?

Thanks in advance for your input!
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Old 07-21-2011, 01:45 PM   #2
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Old 07-21-2011, 02:12 PM   #3
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Old 07-21-2011, 02:36 PM   #4
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Originally Posted by Vegas Ken View Post
Hey everyone!

We have not had pics or vids on the site for many years, so I kind of had lost track of the 2257 requirements as of late. I know that it had been a huge topic of conversation in years past, but now you don't hear too much babble about it.

So what are the current regulations for affiliates to stay legit when promoting affiliate program provided content?

Thanks in advance for your input!
Howdy Ken -- long time no see!

In a nutshell, as an affiliate using sponsor-program-provided content in your promotions/advertising, you need to have and maintain the same records that the producer of the content is required to hold with respect to any and all of the content displayed on your site that is subject to the statute.

The not-in-a-nutshell version is somewhat more nuanced than that, naturally.... but it's also probably not the sort of thing one should rely on denizens of GFY to provide. ;-)
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Old 07-21-2011, 02:43 PM   #5
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Good read ^^^^^^^^^
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Old 07-21-2011, 02:44 PM   #6
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Well it basically comes down to nothing has happened and the only time something has kind of happened there was good reason in that a particular performer looked very young and there was a credible report made with evidence supporting this view.

Nobody seems to be having storm troopers raiding their companies just to see if 2257 data exists.
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Old 07-21-2011, 03:07 PM   #7
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Well it basically comes down to nothing has happened and the only time something has kind of happened there was good reason in that a particular performer looked very young and there was a credible report made with evidence supporting this view.

Nobody seems to be having storm troopers raiding their companies just to see if 2257 data exists.
Eh... while not far from the mark, this summary doesn't quite hit the mark, either.

There were 29 known inspections conducted in 2006/2007, all but five of which were conducted in California (those 5 were all in Florida). There may have been additional inspections that were never made known publicly.

The companies who are known to have been inspected, and the content known to have been inspected, were not selected based on using models who "looked very young."

Once a studio was selected for inspection, the precise titles inspected were selected at random, according to the FBI. In some cases, the content they inspected was in a niche not at all associated with young performers, even though the studio in question had such content available to inspect, so I tend to believe the FBI's claim about it being a random selection process.

Inspections ground to an immediate halt when a Sixth Circuit panel ruled 2257 unconstitutional. That decision was later overturned by the en banc Sixth Circuit, so many of us expected inspections to pick back up at that point.

Inspections never did pick back up (or if they did there has been no public reporting of such), but there's really nothing to stop the FBI/DOJ from starting them up again, should they choose to do so.

One possible reason why there are no inspections going on at the moment might be that there is once again a challenge to the statute pending, which was brought by the FSC, and is being handled by their legal team headed by Mike Murray (the same attorney who represented Connections Distributing in the Sixth Circuit case, btw.) This is pure speculation on my part, but not unreasonable speculation, I think.

So, while it's accurate to say that nothing much has happened, it isn't quite true that nothing at all has happened with 2257, and not at all accurate to say that the inspections that did take place took place due to the models at issue appearing to be very young.
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Old 07-21-2011, 03:40 PM   #8
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Originally Posted by Vegas Ken View Post
Hey everyone!

We have not had pics or vids on the site for many years, so I kind of had lost track of the 2257 requirements as of late. I know that it had been a huge topic of conversation in years past, but now you don't hear too much babble about it.

So what are the current regulations for affiliates to stay legit when promoting affiliate program provided content?

Thanks in advance for your input!
Some detailed info on wikipedia that I hadn't heard yet.


http://en.wikipedia.org/wiki/2257
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Old 07-21-2011, 04:02 PM   #9
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Good info, thanks !
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Old 07-21-2011, 04:02 PM   #10
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[O]ne possible reason why there are no inspections going on at the moment might be that there is once again a challenge to the statute pending, which was brought by the FSC, and is being handled by their legal team headed by Mike Murray (the same attorney who represented Connections Distributing in the Sixth Circuit case, btw.) This is pure speculation on my part, but not unreasonable speculation, I think. ...
With an undecided case pending any prosecution under that law might be adjourned sine die. So, that might be a valid reason.

The other reason is that there is little political emphasis on the enforcement of §2257. There are greater concerns of the USDOJ ...
Not legal advice offered for discussion purposes only.
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Old 07-21-2011, 08:31 PM   #11
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You don't want Governor Perry elected. He's tied in with uber religious conservatives.

If he wins, here we go again with a ramped up DOJ porn unit and Wall Street is set free to steal everything that is not nailed down.

Last edited by Redrob; 07-21-2011 at 08:32 PM..
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Old 07-21-2011, 08:32 PM   #12
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everyone lost focus and is now on .xxx
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Old 07-21-2011, 09:07 PM   #13
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Huge Legal Case -- Didn't you hear?

2257 Vs. Tubes & GF sites

Tubes & GF sites Won, end of story!
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Old 07-21-2011, 09:16 PM   #14
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while it's accurate to say that nothing much has happened, it isn't quite true that nothing at all has happened with 2257, and not at all accurate to say that the inspections that did take place took place due to the models at issue appearing to be very young.
good info and I will agree on your last statement.. I think that time there was a standard way of thinking created for the 2257 rules that they're more after people who are making young model content.. maybe its because that time also child pornography is getting worst..
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