ADDITIONS, CHANGES AND CLARIFICATIONS
RE: 18 U.S.C. 2257
Source: Federal Register, Vol. 72, No. 133, Page 38033-39
These are NOT the final rules!
NEW Record Keeping Rules for Secondaries:
"Lascivious exhibition of the genitals" is now part of the definition of "actual sexually explicit conduct," (the recording of which triggers the statute) purportedly retroactively back to July 27, 2006. Note: By some courts' view, the genital area may be clothed and yet fall within this definition. See, for example, U.S. v. Knox 32 F.3d 733 (C.A.3,1994)
Applies only to images recorded on or after July 27, 2006.*
Can accept a duplicate of ID and with the address and other unnecessary data deleted, but must contain photo, serial number, name, and DOB.
Must otherwise index and cross-reference as if a primary (but with additional burdens).
Secondaries are subject to inspections just as primaries have been.
CHANGES:
Live web cams must record sufficient material to identify performer and must otherwise comply with record-keeping (may be in conflict with pending FSC v. Gonzalez injunction).
Websites must put entire 2257 statement (designating e.g., custodian and street address), rather than previously approved hypertext.
Primaries may delete "non-essentials" from ID copies provided to secondaries (but must contain photo, serial number, name, and DOB).
CLARIFICATIONS:
Producers (foreign or domestic) filming overseas may rely on government-issued ID other than USA-issued.
Primary producers with performances recorded before June 23, 2005, may rely upon non-government ID, such as employer or school ID.
Fight Back:
FSC is launching an industry-wide campaign to encourage participation for the 2257 public comment period.
PUBLIC COMMENT PERIOD ENDS SEPTEMBER 10, 2007
Visit freespeechcoalition.com for help in formatting and transmitting your comments (Guide will be soon available).
RE: 18 U.S.C. 2257
Source: Federal Register, Vol. 72, No. 133, Page 38033-39
These are NOT the final rules!
NEW Record Keeping Rules for Secondaries:
"Lascivious exhibition of the genitals" is now part of the definition of "actual sexually explicit conduct," (the recording of which triggers the statute) purportedly retroactively back to July 27, 2006. Note: By some courts' view, the genital area may be clothed and yet fall within this definition. See, for example, U.S. v. Knox 32 F.3d 733 (C.A.3,1994)
Applies only to images recorded on or after July 27, 2006.*
Can accept a duplicate of ID and with the address and other unnecessary data deleted, but must contain photo, serial number, name, and DOB.
Must otherwise index and cross-reference as if a primary (but with additional burdens).
Secondaries are subject to inspections just as primaries have been.
CHANGES:
Live web cams must record sufficient material to identify performer and must otherwise comply with record-keeping (may be in conflict with pending FSC v. Gonzalez injunction).
Websites must put entire 2257 statement (designating e.g., custodian and street address), rather than previously approved hypertext.
Primaries may delete "non-essentials" from ID copies provided to secondaries (but must contain photo, serial number, name, and DOB).
CLARIFICATIONS:
Producers (foreign or domestic) filming overseas may rely on government-issued ID other than USA-issued.
Primary producers with performances recorded before June 23, 2005, may rely upon non-government ID, such as employer or school ID.
Fight Back:
FSC is launching an industry-wide campaign to encourage participation for the 2257 public comment period.
PUBLIC COMMENT PERIOD ENDS SEPTEMBER 10, 2007
Visit freespeechcoalition.com for help in formatting and transmitting your comments (Guide will be soon available).
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