Porn Law. Question please
 

What is the legal issue with being asked for the BACK of Ids. WHat if you use a passport , there is no back. But there is on a State ID or Drivers License.

for back of ID with a passport I just took a pic of the last page, which has a bunch of text in a font so small you'd need a magnifying glass to read it. but so far, accepted

but yeah, super-curious for PornLaw to weigh in here

gracias for posting about this amacontent

ChatGPT says:

Security Features: The back of an ID may contain various security features, such as holograms, special markings, or barcodes, which are designed to prevent counterfeiting. By examining these security features, service providers can verify the legitimacy of the ID and ensure that it is not a fraudulent or altered document.

Additional Personal Information: The back of a driver's license or ID card can often include additional personal details about the individual, such as their address, license restrictions, or other identifying information. This extra information can help confirm the person's identity and match it with the information provided during the verification process.

Home Country Verification: In some cases, service providers may require the back of an ID to verify an individual's home country or immigration status. The back of a driver's license, for example, might include a person's immigration status or indicate whether they are a temporary resident or have permanent resident status.

Compliance with Regulations: Certain industries, such as financial institutions or alcohol vendors, have legal obligations to verify the age and identity of their customers. By requesting the back of an ID, these organizations can fulfill their legal obligations and mitigate the risk of serving underage individuals or facilitating fraudulent activities.

There has never been a case imposing criminal sanctions that has interpreted 18 USC 2257 or its corresponding regs, 28 CFR 75.1.

From 28 CFR 75.1, here is how the law defines a photo identification card...

https://www.law.cornell.edu/definiti...I:Part:75:75.2

It does not mention the back of an ID.

Here is how it defines a copy of an ID...

https://www.law.cornell.edu/definiti...I:Part:75:75.2

Again, no mention of the back of an ID.

So since there is no case law that defines this either, it's open to interpretation.

Someone can argue it both ways... only a complete copy, front and back, is a true copy while it's also arguable that only the front is needed since the purpose of the ID and securing a copy of it is to confirm someone's age, so a copy of the back isn't necessary.

I tell my producer clients to get copies of both front and back in case of a situation like you are experiencing.

But this could be a Mastercard/VISA requirement. Since it is now the credit card companies that regulate this industry, this might be their requirement and C4S may have no choice.

Overall, I agree with you that its not necessary under the law for C4S to request the copy of the back of an ID.

Just as it isnt necessary to have 2 forms of ID. Only 1 is required under 28 CFR 75.1 et al.

So PornLaw can mastercard actually say they want back of IDS and all past content ever created must be taken down. I know Ive never done that in past . Just new content im doing it

Mastercard & VISA can ask for whatever they want to be compliant with their regs.

Here are Mastercard's most recent regs...

https://adultbizlaw.com/2021/04/27/m...ers-operators/