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Welcome to the GoFuckYourself.com - Adult Webmaster Forum forums. You are currently viewing our boards as a guest which gives you limited access to view most discussions and access our other features. By joining our free community you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content and access many other special features. Registration is fast, simple and absolutely free so please, join our community today! If you have any problems with the registration process or your account login, please contact us. |
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| Discuss what's fucking going on, and which programs are best and worst. One-time "program" announcements from "established" webmasters are allowed. |
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07-20-2010, 06:34 PM
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#1 |
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Let's do some business.
Industry Role:
Join Date: Jan 2003
Location: The dirty south.
Posts: 18,781
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Business Question: What is the current status of 2257?
When I left everyone had to keep records for anyone appearing on their websites, galleries, etc even if they were just secondary producers. Is this still the case or have some things changed?
Any other new laws I should be aware of? |
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07-20-2010, 11:52 PM
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#2 |
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Confirmed User
Industry Role:
Join Date: Dec 2007
Location: Las Vegas
Posts: 3,220
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I think you still want to maintain records.
__________________
Network Of Adult Blogs With Hardlink Rentals Available |
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07-21-2010, 12:05 AM
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#3 |
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Purveyor, Fine Asian Porn
Industry Role:
Join Date: Jul 2004
Location: San Francisco Bay Area
Posts: 38,323
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TITLE 18 PART I CHAPTER 110 § 2257
If you need legal advice, consult an adult biz lawyer - Michael Fattorosi, Eric Bernstein, Larry Walters, Chad Belville, are all good adult industry attorneys. There are many other good adult industry lawyers as well.  ADG |
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07-21-2010, 12:12 AM
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#4 | |
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Choice is an Illusion
Industry Role:
Join Date: Feb 2005
Location: Land of Obama
Posts: 42,635
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Quote:
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07-21-2010, 05:39 AM
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#5 |
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Let's do some business.
Industry Role:
Join Date: Jan 2003
Location: The dirty south.
Posts: 18,781
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I know, I know. All I'm asking is if there has been any word on secondary producers, could swear I read something a couple years back. Also, any new laws I should know about.
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07-21-2010, 05:50 AM
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#6 | |
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Too old to care
Industry Role:
Join Date: Jun 2001
Location: On the sofa, watching TV or doing my jigsaws.
Posts: 52,943
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Quote:
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07-21-2010, 05:52 AM
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#7 |
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Let's do some business.
Industry Role:
Join Date: Jan 2003
Location: The dirty south.
Posts: 18,781
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People, stop! I promoted cams with non nude images, I was well versed in the crazy ass law. I am asking on a 'catch me the fuck up' level. I don't even know where the discussion has gone since I left and that is what I was trying to brush up on.
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07-21-2010, 09:51 AM
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#8 |
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Confirmed User
Industry Role:
Join Date: Jul 2006
Location: Somewhere between reality and total ape-shit bonkers.
Posts: 2,870
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No changes to speak of, though there were some revisions not too long ago to clean up verbage but it is still vague enough to be all-encompassing depending on interpretation. I believe the FSC lawsuit is still pending with a motion to dismiss that it is suspected to survive.
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07-21-2010, 10:13 AM
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#9 | |
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Confirmed User
Join Date: Dec 2002
Posts: 1,280
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Quote:
Here are a few of the noteworthy, relatively recent changes: * The regs are now clear that having a third party (like an attorney or 2257 record-keeping service) serve as your custodian of record is OK, provided that they adhere to the various requirements for custodians of record (concerning hours of availability, proper disclosure of their location, etc. etc.) * There is no such thing as a "secondary producer" designation under the current, operative regs. If you meet the definition of "producer" under the statute, you are required to hold records for content that you publish, distribute, display, etc., period. There is no longer a question of whether you can simply list the primary producer(s) you obtain content from on your 2257 compliance statement -- simply providing a list of primary producers does not constitute compliance with the law. * The regs for 2257A have been published. These only apply to you if you distribute depictions of simulated sexually explicit conduct (as opposed to actual sexually explicit conduct). And no... "simulated" does NOT mean cartoons or computer generated performers; the "simulated" part refers to the sex acts, not the nature of the individuals depicted. (This is terribly obvious, I realize... but believe it or not there was some confusion on this point when 2257A was first unveiled.) The FSC is indeed challenging the statute, and the Connection Distributing case has been remanded to the district court for trial, after the en banc 6th Circuit court overturned the appellate panel's previous decision that held 2257 to be unconstitutional. Hope that helps. Obviously you'll want to get the full scoop from an attorney, but that's sort of a 'broad strokes' version of the law's current status. Most important to note is that 2257 is currently enforceable, should the FBI/DOJ decide to begin inspections again.
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Q. Boyer |
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07-21-2010, 12:43 PM
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#10 |
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Let's do some business.
Industry Role:
Join Date: Jan 2003
Location: The dirty south.
Posts: 18,781
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Thank you very much.
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