Bush Signs Adam Walsh Bill, Amends 2257
 

This law was signed today and it's not on GFY or did I miss it because I was too busy working?

From the front page of XBIZ:

WASHINGTON ? Amending the 2257 federal record-keeping requirement, President Bush signed the Adam Walsh Child Protection and Safety Act of 2006 before a White House crowd that included ?America?s Most Wanted? host John Walsh, for whose son the bill is named.
While H.R. 4472 takes dramatic steps to protect children, such as creating a national sex offender registry, it also reshapes the 2257 playing field, according to Free Speech Coalition attorney Jeffrey Douglas, who said that the law mandates that so-called secondary producers ? a group that likely includes adult webmasters ? will be required to comply with 2257.

In addition to expanding liability to secondary producers, the proposed law also mandates record-keeping for films and images containing depictions of ?lascivious exhibition of the genitals or pubic area of any person.?

According to Douglas, that means that exhibitions of mere nudity could fall under the 2257 record-keeping regime.

President Bush signed the bill July 27, the anniversary of the abduction of Adam Walsh, who was abducted from a Hollywood, Fla. Sears department store in 1981 at age 6. His severed head was later found, however the rest of his remains are still missing. His killer is still at large.

§ 2252B. Misleading domain names on the Internet

(a) Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a person into viewing material constituting obscenity shall be fined under this title or imprisoned not more than 2 years, or both.

(b) Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a minor into viewing material that is harmful to minors on the Internet shall be fined under this title or imprisoned not more than 4 years, or both.

(c) For the purposes of this section, a domain name that includes a word or words to indicate the sexual content of the site, such as ?sex? or ?porn?, is not misleading.

(d) For the purposes of this section, the term ?material that is harmful to minors? means any communication, consisting of nudity, sex, or excretion, that, taken as a whole and with reference to its context?

(1) predominantly appeals to a prurient interest of minors;

(2) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and

(3) lacks serious literary, artistic, political, or scientific value for minors.

(e) For the purposes of subsection (d), the term ?sex? means acts of masturbation, sexual intercourse, or physcial [1] contact with a person?s genitals, or the condition of human male or female genitals when in a state of sexual stimulation or arousal.

It all sucks!

SEC. 502. OTHER RECORD KEEPING REQUIREMENTS.

(a) In General- Section 2257 of title 18, United States Code, is amended--

(1) in subsection (a), by inserting after `videotape,' the following: `digital image, digitally- or computer-manipulated image of an actual human being, picture,';

(2) in subsection (e)(1), by adding at the end the following: `In this paragraph, the term `copy' includes every page of a website on which matter described in subsection (a) appears.';

(3) in subsection (f), by--

(A) in paragraph (3), by striking `and' after the semicolon;

(B) in paragraph (4), by striking the period and inserting `; and'; and

(C) by adding at the end the following:

`(5) for any person to whom subsection (a) applies to refuse to permit the Attorney General or his or her designee to conduct an inspection under subsection (c).'; and

(4) by striking subsection (h) and inserting the following:

`(h) In this section--

`(1) the term `actual sexually explicit conduct' means actual but not simulated conduct as defined in clauses (i) through (v) of section 2256(2)(A) of this title;

`(2) the term `produces'--

`(A) means--

`(i) actually filming, videotaping, photographing, creating a picture, digital image, or digitally- or computer-manipulated image of an actual human being;

`(ii) digitizing an image, of a visual depiction of sexually explicit conduct; or, assembling, manufacturing, publishing, duplicating, reproducing, or reissuing a book, magazine, periodical, film, videotape, digital image, or picture, or other matter intended for commercial distribution, that contains a visual depiction of sexually explicit conduct; or

`(iii) inserting on a computer site or service a digital image of, or otherwise managing the sexually explicit content, of a computer site or service that contains a visual depiction of, sexually explicit conduct; and

`(B) does not include activities that are limited to--

`(i) photo or film processing, including digitization of previously existing visual depictions, as part of a commercial enterprise, with no other commercial interest in the sexually explicit material, printing, and video duplication;

`(ii) distribution;

`(iii) any activity, other than those activities identified in subparagraph (A), that does not involve the hiring, contracting for, managing, or otherwise arranging for the participation of the depicted performers;

`(iv) the provision of a telecommunications service, or of an Internet access service or Internet information location tool (as those terms are defined in section 231 of the Communications Act of 1934 (47 U.S.C. 231)); or

`(v) the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except that deletion of a particular communication or material made by another person in a manner consistent with section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)) shall not constitute such selection or alteration of the content of the communication; and

`(3) the term `performer' includes any person portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct.'.

(b) Construction- The provisions of section 2257 shall not apply to any depiction of actual sexually explicit conduct as described in clause (v) of section 2256(2)(A) of title 18, United States Code, produced in whole or in part, prior to the effective date of this section unless that depiction also includes actual sexually explicit conduct as described in clauses (i) through (iv) of section 2256(2)(A) of title 18, United States Code.

"For the purposes of this section, a domain name that includes a word or words to indicate the sexual content of the site, such as hahaha8220;sexhahaha8221; or hahaha8220;pornhahaha8221;, is not misleading." SO everything else is misleading until proven guilty? Isn't this just another form of .XXX censorship? I thought we killed this beast. Seriously who's at the bottom of this? Utterly disgusting.

SEC. 503. RECORD KEEPING REQUIREMENTS FOR SIMULATED SEXUAL CONDUCT.

(a) In General- Chapter 110 of title 18, United States Code, is amended by inserting after section 2257 the following:

`SEC. 2257A. RECORD KEEPING REQUIREMENTS FOR SIMULATED SEXUAL CONDUCT.

`(a) Whoever produces any book, magazine, periodical, film, videotape, digital image, digitally- or computer-manipulated image of an actual human being, picture, or other matter that--

`(1) contains 1 or more visual depictions of simulated sexually explicit conduct; and

`(2) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce;

shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction.

`(b) Any person to whom subsection (a) applies shall, with respect to every performer portrayed in a visual depiction of simulated sexually explicit conduct--

`(1) ascertain, by examination of an identification document containing such information, the performer's name and date of birth, and require the performer to provide such other indicia of his or her identity as may be prescribed by regulations;

`(2) ascertain any name, other than the performer's present and correct name, ever used by the performer including maiden name, alias, nickname, stage, or professional name; and

`(3) record in the records required by subsection (a) the information required by paragraphs (1) and (2) and such other identifying information as may be prescribed by regulation.

`(c) Any person to whom subsection (a) applies shall maintain the records required by this section at their business premises, or at such other place as the Attorney General may by regulation prescribe and shall make such records available to the Attorney General for inspection at all reasonable times.

`(d)(1) No information or evidence obtained from records required to be created or maintained by this section shall, except as provided in this section, directly or indirectly, be used as evidence against any person with respect to any violation of law.

`(2) Paragraph (1) shall not preclude the use of such information or evidence in a prosecution or other action for a violation of this chapter or chapter 71, or for a violation of any applicable provision of law with respect to the furnishing of false information.

`(e)(1) Any person to whom subsection (a) applies shall cause to be affixed to every copy of any matter described in subsection (a)(1) in such manner and in such form as the Attorney General shall by regulations prescribe, a statement describing where the records required by this section with respect to all performers depicted in that copy of the matter may be located. In this paragraph, the term `copy' includes every page of a website on which matter described in subsection (a) appears.

`(2) If the person to whom subsection (a) applies is an organization the statement required by this subsection shall include the name, title, and business address of the individual employed by such organization responsible for maintaining the records required by this section.

`(f) It shall be unlawful--

`(1) for any person to whom subsection (a) applies to fail to create or maintain the records as required by subsections (a) and (c) or by any regulation promulgated under this section;

`(2) for any person to whom subsection (a) applies knowingly to make any false entry in or knowingly to fail to make an appropriate entry in, any record required by subsection (b) or any regulation promulgated under this section;

`(3) for any person to whom subsection (a) applies knowingly to fail to comply with the provisions of subsection (e) or any regulation promulgated pursuant to that subsection; or

`(4) for any person knowingly to sell or otherwise transfer, or offer for sale or transfer, any book, magazine, periodical, film, video, or other matter, produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce or which is intended for shipment in interstate or foreign commerce, that--

`(A) contains 1 or more visual depictions made after the date of enactment of this subsection of simulated sexually explicit conduct; and

`(B) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce;

which does not have affixed thereto, in a manner prescribed as set forth in subsection (e)(1), a statement describing where the records required by this section may be located, but such person shall have no duty to determine the accuracy of the contents of the statement or the records required to be kept.

`(5) for any person to whom subsection (a) applies to refuse to permit the Attorney General or his or her designee to conduct an inspection under subsection (c).

`(g) As used in this section, the terms `produces' and `performer' have the same meaning as in section 2257(h) of this title.

`(h)(1) The provisions of this section and section 2257 shall not apply to matter, or any image therein, containing one or more visual depictions of simulated sexually explicit conduct, or actual sexually explicit conduct as described in clause (v) of section 2256(2)(A), if such matter--

`(A)(i) is intended for commercial distribution;

`(ii) is created as a part of a commercial enterprise by a person who certifies to the Attorney General that such person regularly and in the normal course of business collects and maintains individually identifiable information regarding all performers, including minor performers, employed by that person, pursuant to Federal and State tax, labor, and other laws, labor agreements, or otherwise pursuant to industry standards, where such information includes the name, address, and date of birth of the performer; and

`(iii) is not produced, marketed or made available by the person described in clause (ii) to another in circumstances such than an ordinary person would conclude that the matter contains a visual depiction that is child pornography as defined in section 2256(8); or

`(B)(i) is subject to the authority and regulation of the Federal Communications Commission acting in its capacity to enforce section 1464 of this title, regarding the broadcast of obscene, indecent or profane programming; and

`(ii) is created as a part of a commercial enterprise by a person who certifies to the Attorney General that such person regularly and in the normal course of business collects and maintains individually identifiable information regarding all performers, including minor performers, employed by that person, pursuant to Federal and State tax, labor, and other laws, labor agreements, or otherwise pursuant to industry standards, where such information includes the name, address, and date of birth of the performer.

`(2) Nothing in subparagraphs (A) and (B) of paragraph (1) shall be construed to exempt any matter that contains any visual depiction that is child pornography, as defined in section 2256(8), or is actual sexually explicit conduct within the definitions in clauses (i) through (iv) of section 2256(2)(A).

`(i)(1) Whoever violates this section shall be imprisoned for not more than 1 year, and fined in accordance with the provisions of this title, or both.

`(2) Whoever violates this section in an effort to conceal a substantive offense involving the causing, transporting, permitting or offering or seeking by notice or advertisement, a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct in violation of this title, or to conceal a substantive offense that involved trafficking in material involving the sexual exploitation of a minor, including receiving, transporting, advertising, or possessing material involving the sexual exploitation of a minor with intent to traffic, in violation of this title, shall be imprisoned for not more than 5 years and fined in accordance with the provisions of this title, or both.

`(3) Whoever violates paragraph (2) after having been previously convicted of a violation punishable under that paragraph shall be imprisoned for any period of years not more than 10 years but not less than 2 years, and fined in accordance with the provisions of this title, or both.

`The provisions of this section shall not become effective until 90 days after the final regulations implementing this section are published in the Federal Register. The provisions of this section shall not apply to any matter, or image therein, produced, in whole or in part, prior to the effective date of this section.

`(k) On an annual basis, the Attorney General shall submit a report to Congress--

`(1) concerning the enforcement of this section and section 2257 by the Department of Justice during the previous 12-month period; and

`(2) including--

`(A) the number of inspections undertaken pursuant to this section and section 2257;

`(B) the number of open investigations pursuant to this section and section 2257;

`(C) the number of cases in which a person has been charged with a violation of this section and section 2257; and

`(D) for each case listed in response to subparagraph (C), the name of the lead defendant, the federal district in which the case was brought, the court tracking number, and a synopsis of the violation and its disposition, if any, including settlements, sentences, recoveries and penalties.'.

(b) Chapter Analysis- The chapter analysis for chapter 110 of title 18, United States Code, is amended by inserting after the item for section 2257 the following:

`2257A.

I'm waiting for the cliff's notes.

The truly sad thing is, that this law will do NOTHING to stop people from molesting children

"Adam Walsh, who was abducted from a Hollywood, Fla. Sears department store in 1981 at age 6. His severed head was later found, however the rest of his remains are still missing. His killer is still at large."

His killer was also known to have rented various titles from DVD outlets, such as "Girls Gone Wild", titles which inspire common ordinary citizens into decapitating children.

its so fucked up

true, but they don't care about that.. they only care if kids happen to see a boob, an ass, a cock, a pussy or whatever else on the net.. BUT, kids are free to swear, watch violent thing on tv and movies, drink, smoke, do drug, get molested and so on and it's just not that important.. At least that's the way they make it look. Fact is, this will do NOTHING to protect kids in any fucking way.

Providing responses like that is what enables them to package ridiculous laws with legitimate ones and is what gives them the ability to lump us in with the predators.

It doesn't ALL suck. There are some great changes in there that will make life tougher for the real scumbags. What does suck is the bullshit way they snuck in those parts that do affect us knowing full well that nobody would speak out against it for if they did, well, "they must be all for abusing children".

It was chickenshit of them to use Adam Walsh as camouflage.

Yeah man typical of politicians and the US. Bush signs Adam Walsh Protection Act, two minutes later hands out free copies of GTA and Texas Chainsaw Massacre

Helllloooooooooo.....

YouuuuuuuuuHouuuuuuuu ....

Calling Stickyfingerzdotnet, the all function adult webmaster ....

Yooooooooooooooo !

Tell me again how republicans like porn more than democrats ...

If not, explain again how Ken Lay was Clinton's best buddy ... or even how Iran is a secular country ...


Oupsssss... fotgot, you are taking your webmaster intensibe-by-mail 2 day course ...

:1orglaugh :1orglaugh :1orglaugh


On topic: guys, be fucking carefull, they can & will use those laws to put you in the can ....

we are FUCKED

That's almost funny.

Can anyone verify this? That content produced on or before 7/27/06 is exempt from the latest amendments? Wouldn't this be a sigh of releif for everyone? Only the newest content would be affected wouldn't it?

Hey it's almost funny that Senators can be THAT FUCKING SLOPPY when drafting new bills and legislation in the House.

Now days they are pushing hard to make the dfinition of Pornographer the same as child molester

People that are more concerned with me than themselves make me laugh. :1orglaugh :1orglaugh

On another note I was merley pointing out the irony of the situation. My condolences do go out to victims of child porn and true crimes but this Act crosses the line and will go down as one of the biggest scandals of 06. YOU DO NOT ENCROACH UPON CIVIL LIBERTIES AND I'LL SAY IT AGAIN, I'LL SAY IT AGAIN WITHA MEGAPHONE PUT ME ON TV PUT ME ON TIMES SQUARE. This is total bullshit, we are on the pivot of industry meltdown, comprende? My condolences also go out to the convicted of cumonherface.com. This is a very tragic summer for the adult world and those predators are STILL on the prowl, kids are STILL getting kidnapped in every small town. Everything's FUCKED, bottom line.

Not concerned ... but I do give a shit ... on you.

So , how about explaining all your great one-liners ....

FBI raiding for 2257 on Diabolic Productions, Amending 2257, Prosecuting cumonherface.com, raiding max hardcore STILL HAS NOT put a dent on sex crimes. The wrong targets are STILL being fired upon. IT HAS TO STOP.

Ordering An Immediate Ceasefire. Cease Fire. Politicians And Lawmakers, Cease Fire On Legitimate Porn. You Must Stand Down!

Democrat

http://www.govtrack.us/congress/reco...Elementm6m0m0m

Democrat

http://www.govtrack.us/congress/reco...lementm13m0m0m

Democrat

http://www.govtrack.us/congress/reco...lementm17m0m0m

Democrat

http://www.govtrack.us/congress/reco...lementm37m0m0m

Democrat

http://www.govtrack.us/congress/reco...lementm38m0m0m

Democrat

http://www.govtrack.us/congress/reco...lementm39m0m0m

Democrat

http://www.govtrack.us/congress/reco...lementm42m0m0m


Cosponsors of the bill


Rep. James Sensenbrenner [R-WI]hide cosponsors
Cosponsors
Rep. Richard Baker [R-LA]
Rep. Leonard Boswell [D-IA]
Rep. Virginia Brown-Waite [R-FL]
Rep. Dan Burton [R-IN]
Rep. Ken Calvert [R-CA]
Rep. Shelley Capito [R-WV]
Rep. Ben Chandler [D-KY]
Rep. Robert Cramer [D-AL]
Rep. Thomas DeLay [R-TX]
Rep. Mark Foley [R-FL]
Rep. James Forbes [R-VA]
Rep. Elton Gallegly [R-CA]
Rep. James Gibbons [R-NV]
Rep. Paul Gillmor [R-OH]
Rep. Virgil Goode [R-VA]
Rep. Samuel Graves [R-MO]
Rep. Mark Green [R-WI]
Rep. Katherine Harris [R-FL]
Rep. Melissa Hart [R-PA]
Rep. Mark Kennedy [R-MN]
Rep. John Kline [R-MN]
Rep. Thaddeus McCotter [R-MI]
Rep. Cathy Mcmorris [R-WA]
Rep. Dennis Moore [D-KS]
Rep. Mike Pence [R-IN]
Rep. Ted Poe [R-TX]
Rep. Earl Pomeroy [D-ND]
Rep. Jon Porter [R-NV]
Rep. Dave Reichert [R-WA]
Rep. Thomas Reynolds [R-NY]
Rep. Edward Royce [R-CA]
Rep. Peter Sessions [R-TX]
Rep. Christopher Smith [R-NJ]
Rep. Lamar Smith [R-TX]
Rep. Curtis Weldon [R-PA]
Rep. Lynn Westmoreland [R-GA]
Rep. Edward Whitfield [R-KY]

Yes obviously its the evil republicans looking to come after porn. :uhoh :1orglaugh

This has been going on for what - sixty years? And nothing has changed.

Cumonherface was a local issue, not a federal one.

I have the ability to post much more than one liners. Im usually too busy to post much more. For some reason you have time to type at length about issues your tiny little peon brain has no influence on, or even has a stake in being you are from Canada. Worry about your own country eh? :thumbsup

you know this is a right wing thing all those people were voting on the whole bill, it was a republican scumbag who added the 2257 shit.

Does anyone think even a small percentage of our elected officials actually understand what they vote on.

Btw they were'nt really raided. They had a records check done to make sure their models were all of age. They were and nothing happened to them other than being checked. The Irs audits us if any redflags come up on our tax info, or just randomly. Its done to keep people in check. They do road blocks to check for drunk drivers too. All this is done to make sure people follow the law, and dont think they can slide under the radar. The moral here is follow the law, and you have nothing to worry about.

Still, the Bill of Rights is being slaughtered with glee. I don't care if its 2257 or Patriot Act, truth and freedom are under constant assault. You have to draw the line somewhere between keeping a nation safe AND completely controlling every facet of daily life to a point that mimics Communist China.

America needs to focus on foreign threats, not turning the Homeland into a concentration camp.

2257 was introduced mainly thanks to Tracy Lords. Thank her for using a fake I.D and being in porn when she was 15. :winkwink:

ugh, more and more rules to follow :\

that was during republican admin also, boy there is a pattern forming. You wont understand because you dont work in porn, making a few pretty designs doesnt make one part of our industry. Thats why its so ez for you to support these assholes.

What about a bill to protect the pornstars, so their personal information isn't passed on to some stalker/rapist/killer that signs up to be an "affiliate". They could call it the Pornstar Protection Act.

Oh I forgot, pornstars aren't people. Fuck them we need to save the children.

Seriously how does this help children? I have been online for years and spend at least 14 hours a day on the internet and have NEVER ran across ANY cp.

Instead of making it harder for webmasters that aren't doing anything wrong how about they make the penalties greater for anyone who is caught producing cp. Something like a public beating until death.

GFY is full of some pretty twisted people, but I don't think anyone here would not turn in someone that is associated with this shit.

If I take a hardcore Image and crop it to just a girls fingernail, do I still need to maintain 2257 docs?