Is This A Good Way?!?

[GlamGirls]

Hey, this is my first post here, so I apologise if I mess it up.
I've decided to make my own adult orientated website, and I've reading up on the 2257 law. And I just wanted to ask you all a quick question.

Is this an acceptable way to have the 2257 law on your page? Linking back to other people's 2257?!?

bodsforthemods.com/2257.html

Thats not my website by the way, but I've been checking out sites similar to the way I want mine to be and thought this would be a good way to do it. But if you post something like that on your website is there anything else you need to do so you're not breaking any laws.

Thanks in advance And its nice to meet you all!!!

[yahoo-xxx-girls.com]

3rd parties do not have to display 2257 info off their websites, however the associate programs and content providers do need to have the 2257 info available...

Many web surfers check to see if there is a 2257 link at the bottom of a adult site and It would be a good idea to rewrite and host your own 2257 info...

If you are using a associate program then use its 2257 info and copy it into your own 2257 web page. Just ask the admin of the associate programs first...

Later,

[GlamGirls]

Thanks alot for the help

I was going to host the galleries on my website so its still ok to do something like the site I linked to?

[Lycanthrope]

First tip: Ignore the first reply.
Second tip: Consult an attorney.

There is more to 2257 than linking to a page. YOU must maintain your own records.

[GlamGirls]

Thanks, I was hoping to not have to do that, lol. I prefer things the easy way.

Can I just clear something else up, you only need to display the 2257 law IF a girl is showing pink?!? So a picture with just boobs is ok, or is that not true?

I have so much to learn

[yahoo-xxx-girls.com]

You only need to create one 2257 web page that indicates that you are not the producer of the content and that the producers and or associate programs will provide the required info on request. Each TGP/MGP theater by law has to have a link to the 2257 records... Adult webmasters who do not make the content should ( and not must ) link to their own 2257 webpage saying that they do not make the actual content, but should be pointing to the companies that do have the required records.

Read your laws on 3rd party adult sites and you will see what I'm saying is true.

You don't need to get legal advice for a simple 2257... just make sure you up to date with you current laws ... just do a Google check !

Good luck,

[Lycanthrope]

Originally Posted by Balalsubturfyooj

You only need to create one 2257 web page that indicates that you are not the producer of the content and that the producers and or associate programs will provide the required info on request. Each TGP/MGP theater by law has to have a link to the 2257 records... Adult webmasters who do not make the content should ( and not must ) link to their own 2257 webpage saying that they do not make the actual content, but should be pointing to the companies that do have the required records.

Read your laws on 3rd party adult sites and you will see what I'm saying is true.

You don't need to get legal advice for a simple 2257... just make sure you up to date with you current laws ... just do a Google check !

Good luck,

You are very very wrong. The law no longer differentiates between primary and secondary producers. If you publish an image, you are now a producer. Period. It doesn't matter if you are second in line, third in line, fourth in line... etc.

[yahoo-xxx-girls.com]

Originally Posted by Lycanthrope

You are very very wrong. The law no longer differentiates between primary and secondary producers. If you publish an image, you are now a producer. Period. It doesn't matter if you are second in line, third in line, fourth in line... etc.

Wrong context regarding 2257 and the term secondary producer !

Producers and 3rd party sites displaying graphical links or text links to such TGP/MGP sites even though they are displaying.. they are not producing.

I'll look for your US laws on this, which should take me no time at all and I'll post it for you and everyone else to read !

Perhaps you should do the same before stating another is wrong !

Later,

[Lycanthrope]

Originally Posted by Balalsubturfyooj

Wrong context regarding 2257 and the term secondary producer !

Producers and 3rd party sites displaying graphical links or text links to such TGP/MGP sites even though they are displaying.. they are not producing.

I'll look for your US laws on this, which should take me no time at all and I'll post it for you and everyone else to read !

Perhaps you should do the same before stating another is wrong !

Later,

I and thousands of affiliates await your findings.

[30ceci]

Yea, I've been trying to find out the same thing here.

I've read both of the following and I'm still confused:

http://my.execpc.com/~xxxlaw/2257Tables5.24.05.htm
http://xbiz.com/news_piece.php?id=8861

Does anyone have any idea?

[yahoo-xxx-girls.com]

Since last that I have checked the laws such have changed somewhat; the term "secondary producer" has come to be; also It is US law for "secondary producers" also known as "3rd parties" as to link to the proper 2257 records at the bottom of their adult web sites.

I have indicated It was not required by "third parties" as to display the 2257 record(s); such law have change making 2257 records required even for "third party" sites. Even though I said it was not required I would like to note that I still said it was a good idea...

The issue of displaying "secondary producer" or "third party" content and the required 2257 records has come into question so here is some Case Law for you and some examples of except able 2257 records.




Case Law on 2257

In Sundance Assoc., Inc. v. Reno, 139 F.3d 804 (10th Cir. 1998), the Tenth Circuit rejected the prior regulation's distinction between primary and secondary producers and entirely exempted from the record-keeping requirements those who merely distribute or those whose activity "does not involve hiring, contracting for, managing, or otherwise arranging for the participation of the performers depicted." 18 U.S.C. § 2257(h)(3).

However, the DOJ takes the position that American Library Ass'n v. Reno, 33 F.3d 78 (DC Cir. 1994), "implicitly accepted that the distinction between primary and secondary producers was valid" and that "the requirement that secondary producers maintain records was not a constitutionally impermissible burden on protected speech."

( taken form: http://ilt.eff.org/index.php/2257_Re...g_Requirements )



For online publishers, a statement that includes the location of these records must be displayed on their site's "homepage, any known major entry points, or principal URL (including the principal URL of a subdomain), or in a separate window that opens upon the viewer's clicking a hypertext link that states, '18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement.'"

( taken form: http://ilt.eff.org/index.php/2257_Re...g_Requirements )




The US courts do acknowledge a difference in producing adult content by the "primary" producer(s) and by making the 2257 records available and a "secondary" or "third party" producer(s) who displays adult content and who links to such required 2257 records being supplied by the "primary" producer.

As indicated above in this case law review the "secondary" producer or "third parties" who use such adult content only needs "For online publishers, a statement that includes the location of these records" not the actual records being held in confidence by the "primary" producer. Also it is required to have at the very bottom of his or her adult website a hyper link to the 2257 statement saying "18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement" to a statement that points to the where to find the "custodian of records".

As an example TGP/MGP websites that are ran by "third parties" or "secondary" producers; they are only required to have a 2257 statement stating they are not the "primary" producer and to give a statement on where to find the required records.

On the other hand the "primary" producers, who produce adult content, are required to have the proper 2257 records and to display they have the custodian of records and give their proper contact information for such and must provide the same required link stating '18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement.'".

An example of a exceptible "secondary" producer 2257 record is as follows:


-----------------------------------------

An example of a exceptible "Primary" producer 2257 record is as follows:


Link text: "18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement."

Example Url of the 2257 record for the "primary producer" : http://www.primary_producer_domain.com/2257.html


18 U.S.C. 2257 Record-Keeping Requirements Compliance statement: In compliance with the Federal Labeling and Record-Keeping Law (also known as 18 U.S.C. 2257), all models located within our domain www.primary_producer_domain.com were 18 years of age or older during the time of photography. All models proof of age is held by the custodian of records. All content and images are in full compliance with the requirements of 18 U.S.C. 2257 and associated regulations.

Name of custodian of records: Example Name

Street Address of record(s)

E-mail: [email protected]



-----------------------------------------



An example of a exceptible "Secondary" producer 2257 record is as follows:


Link text: "18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement."
Example Url of the 2257 record for the "secondary producer" : www.secondary_producer_domain.com/2257.html


18 U.S.C. 2257 Record-Keeping Requirements Compliance statement: In compliance with the Federal Labeling and Record-Keeping Law (also known as 18 U.S.C. 2257), all models located within our domain www.secondary_producer_domain.com were 18 years of age or older during the time of photography. All models proof of age is held by the custodian of records. All content and images are in full compliance with the requirements of 18 U.S.C. 2257 and associated regulations.

( As required a statement of the location of the records )

The custodian of records can be found at: http://www.primary_producer_domain.com/2257.html


or


Another example of a exceptible "Secondary" producer 2257 record is as follows:


Link text: "18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement."
Example Url of the 2257 record for the "secondar producer" : www.secondary_producer_domain.com/2257.html


18 U.S.C. 2257 Record-Keeping Requirements Compliance statement: In compliance with the Federal Labeling and Record-Keeping Law (also known as 18 U.S.C. 2257), all models located within our domain www.secondary_producer_domain.com were 18 years of age or older during the time of photography. All models proof of age is held by the custodian of records. All content and images are in full compliance with the requirements of 18 U.S.C. 2257 and associated regulations.


( As required a statement of the location of the records )

The 2257 records are made available by the respective associate programs who host and give permission to their associate members to display their adult picture(s) and or movie(s).

The custodian of records information is made available by the respective associate program(s) and is by US law required to display the appropreate 2257 record(s) at the very bottom of each of their associate web site(s)

In the case that the custodian of records information is not displayed then please contact and request such records directly from the associate program owner(s). If such is not made available then please contact your local computer crimes department.

This website does not manufacture any content including banner(s) and or promotional content. Such is produced by the "primary" producer(s) who provide the hyper link(s) and the graphics as to promote their content.

If promotional graphics that has adult content is created for this domain then the respective information will also be made available.




Here is one example from: AEBN.com who offers a pay-per-minute video on demand service and their 2257 record.


----------------------------------------------

2257 Compliance

AEBN, Inc., does not produce any of the video content distributed through our network. All video products offered on this site have been licensed from their respective studios or producers (the "Licensor").

All of the Licensors that provide content licensed to AEBN represent that all models appearing in their productions are over 18 and that the Licensor maintains all appropriate 2257 disclaimers or the equivalent.


http://www.pornpayperview.com/compli...ont_delete.cfm


----------------------------------------------


It took me a few hours to do a quick check regarding the US laws and to write this review for you all.




Later,



.

[GlamGirls]

Wow, thanks for that Balalsubturfyooj

Originally Posted by Balalsubturfyooj

The US courts do acknowledge a difference in producing adult content by the "primary" producer(s) and by making the 2257 records available and a "secondary" or "third party" producer(s) who displays adult content and who links to such required 2257 records being supplied by the "primary" producer.

As indicated above in this case law review the "secondary" producer or "third parties" who use such adult content only needs "For online publishers, a statement that includes the location of these records" not the actual records being held in confidence by the "primary" producer. Also it is required to have at the very bottom of his or her adult website a hyper link to the 2257 statement saying "18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement" to a statement that points to the where to find the "custodian of records".

As an example TGP/MGP websites that are ran by "third parties" or "secondary" producers; they are only required to have a 2257 statement stating they are not the "primary" producer and to give a statement on where to find the required records.

So basically all I need to do is make my own 2257 page, stating that I am not the primary producer, and give the place where the records can be found?

Would I need to contact the admin of the site and ask for where the records can be found out and write the address on my site?

OR

Can I link to the website where I have used their hosted galleries, e.g.
nextdoornikki.com/2257.html
And if I did do the second option would I need to ask the owner of the site for permission to link to their site?

Thanks for all your help guys!

[yahoo-xxx-girls.com]

It is a good idea to get some feed back with the admin of associate programs...

The associate program(s) should have a primary URL with their 2257 records. If they don't then indicate that the associate program itself has all required info on hand. It might be a good idea as to provide their contact info in your record(s)

This should be good because you are indicating where the records can be found at...

Later,

[falcao]

Don't get legal advice off GFY. Get a lawyer.

[sarettah]

Originally Posted by Balalsubturfyooj

It is a good idea to get some feed back with the admin of associate programs...

The associate program(s) should have a primary URL with their 2257 records. If they don't then indicate that the associate program itself has all required info on hand. It might be a good idea as to provide their contact info in your record(s)

This should be good because you are indicating where the records can be found at...

Later,

I did not read all your references but the very first one you had there (sundance) has been effectively canceled by congress with the passage of 4472 which amended the 2257 language to take care of the discrepancies that were revealed in sundance.

The current version requires that if you are responsible for a "sexually explicit" (as defined in 2256) image appearing on a web page than you must keep records. There are one or two exceptions but most of them do not cover most US webmasters.

.

The text of 4472: http://www.govtrack.us/congress/bill...bill=h109-4472 Sections 502 and 503 amend the current 2257 requirements

Best advice was already given, get a lawyer!

Taking legal advice on GFY is stupider than Paris Hilton taking legal advice from her publicist. just my

[yahoo-xxx-girls.com]

Originally Posted by sarettah

I did not read all your references but the very first one you had there (sundance) has been effectively canceled by congress with the passage of 4472 which amended the 2257 language to take care of the discrepancies that were revealed in sundance.

The current version requires that if you are responsible for a "sexually explicit" (as defined in 2256) image appearing on a web page than you must keep records. There are one or two exceptions but most of them do not cover most US webmasters.

.

The text of 4472: http://www.govtrack.us/congress/bill...bill=h109-4472 Sections 502 and 503 amend the current 2257 requirements

Best advice was already given, get a lawyer!

Taking legal advice on GFY is stupider than Paris Hilton taking legal advice from her publicist. just my

Perhaps you can get a some legal advice sarettah ( from a professional ) before sounding stupid...

At the very least I have given case laws regarding the 2257 laws and practical examples...

The 4472 does not void the 2257 nor does it rewrite the term secondary producer. If there is a US law, I have not seen it... Please provide it !!!

The main issues is providing the information within the 2257 record(s) that gives a statement to where to find the "custodian of records" since "secondary producers" do not have the requirement as to have it themselves, but rather a statement on where to find such custodian of records statements.

If I'm not mistaken that is what I have indicated in my efforts on this thread...

I am not against being proven wrong, but rather waisting my time with those who can't bother to do proper research...

If you are an attorney or who has hired one as to take care of their legal requirements ... PLEASE clarify the subject of the 2256, 2257 or the 4472 and give working examples...

Later,


.

[sarettah]

Originally Posted by Balalsubturfyooj

Perhaps you can get a some legal advice sarettah ( from a professional ) before sounding stupid...

At the very least I have given case laws regarding the 2257 laws and practical examples...

The 4472 does not void the 2257 nor does it rewrite the term secondary producer. If there is a US law, I have not seen it... Please provide it !!!

The main issues is providing the information within the 2257 record(s) that gives a statement to where to find the "custodian of records" since "secondary producers" do not have the requirement as to have it themselves, but rather a statement on where to find such custodian of records statements.

If I'm not mistaken that is what I have indicated in my efforts on this thread...

I am not against being proven wrong, but rather waisting my time with those who can't bother to do proper research...

If you are an attorney or who has hired one as to take care of their legal requirements ... PLEASE clarify the subject of the 2256, 2257 or the 4472 and give working examples...

Later,


.

Well, apparently, you cannot read any better than you can research, because you are wrong.

The amendments made in 4472 were in response to the decision in Sundance. It clarified who exactly is a secondary producer:

Original 2557:

Sec. 2257. Record keeping requirements

(a) Whoever produces any book, magazine, periodical, film,
videotape, or other matter which--
(1) contains one or more visual depictions made after November
1, 1990 of actual 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 actual 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) of this subsection
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 his 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) of this subsection 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 paragraph (1) of
subsection (a) of this section, 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.
(2) If the person to whom subsection (a) of this section 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) of this section 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; and
(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, produce 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,
which--
(A) contains one or more visual depictions made after the
effective date of this subsection of actual 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.

(g) The Attorney General shall issue appropriate regulations to
carry out this section.
(h) As used in this section--
(1) the term ``actual sexually explicit conduct'' means actual
but not simulated conduct as defined in subparagraphs (A) through
(D) of paragraph (2) of section 2256 of this title;
(2) ``identification document'' has the meaning given that term
in section 1028(d) of this title;
(3) the term ``produces'' means to produce, manufacture, or
publish any book, magazine, periodical, film, video tape, computer
generated image, digital image, or picture, or other similar matter
and includes the duplication, reproduction, or reissuing of any such
matter, but does not include mere distribution or any other activity
which does not involve hiring, contracting for managing, or
otherwise arranging for the participation of the performers
depicted; and
(4) the term ``performer'' includes any person portrayed in a
visual depiction engaging in, or assisting another person to engage
in, actual sexually explicit conduct.

(i) Whoever violates this section shall be imprisoned for not more
than 5 years, and fined in accordance with the provisions of this title,
or both. Whoever violates this section after having been convicted of a
violation punishable under this section 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.

[sarettah]

Revised 2257 after 4472:

Sec. 2257. Record keeping requirements

(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 which--
(1) contains one or more visual depictions made after November
1, 1990 of actual 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 actual 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) of this subsection
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 his 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) of this subsection 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 paragraph (1) of
subsection (a) of this section, 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) of this section 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) of this section 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; (amendment removed the word ?and? from here)
(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, produce 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,
which--
(A) contains one or more visual depictions made after the
effective date of this subsection of actual 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; and
(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) The Attorney General shall issue appropriate regulations to
carry out this section.
(amendement removed all of paragraph h and replaced it with: )
(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.
(i) Whoever violates this section shall be imprisoned for not more
than 5 years, and fined in accordance with the provisions of this title,
or both. Whoever violates this section after having been convicted of a
violation punishable under this section 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.

[sarettah]

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.'.

[sarettah]

**********************

(h)(3) was where the ambiguity in the law that is cited in Sundance was found.

The new section (h)(iii) puts webmasters in as secondary producers (without the ambiguity that Sundance was won on) and makes them subject to keeping records.

4472 also introduced 2257a which defines the recordkeeping requirements for simulated sexual content.

These are important changes that will affect the way 2257 is interpreted in the courts in the future. The case law that has already been established may or may not have a bearing on which way the courts go.

I am not a lawyer and that is why I reccomend that anyone in the U.S. or hosting in the U.S. or is in anyway, shape or form subject to U.S. Law, consult with an attorney before putting sexually explicit content on a website.

You are an idiot who seems very unaware of the stuff that has been going on in the past year in relation to all this.
.

[sarettah]

And in case you can't find it, the exact place they redefined the secondary producer is:

`(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;

[GlamGirls]

Now Im just as confused as when I started

[yahoo-xxx-girls.com]

The 2257 is the record keeping law; now the 4472 law is the "the Adam Walsh Child Protection and Safety Act of 2006".

The 4472 law covers the following.

1.) Expanding The National Sex Offender Registry.
2.) Strengthening Federal Penalties For Crimes Against Children.
3.) Making It Harder For Sex Predators To Reach Our Children On The Internet.
4.) Creating A New National Child Abuse Registry And Requiring Investigators To Do Background Checks Of Adoptive And Foster Parents Before They Are Approved To Take Custody Of A Child.

The White House
http://www.whitehouse.gov/news/relea...0060727-6.html

----

H.R.4472

Title VII: Internet Safety Act - (Sec. 701) Amends the federal criminal code to: (1) impose criminal penalties for participation in a child exploitation enterprise; (2) increase penalties for registered sex offenders who commit a felony sex offense against a minor; and (3) prohibit the embedding of deceptive words or images in a website to deceive an individual, including a minor, into viewing obscene material.

(Sec. 704) Directs the Attorney General to increase by not less than 200 the number of U.S. attorneys and assign such attorneys to prosecute offenses relating to the sexual exploitation of children.

(Sec. 705) Directs the Attorney General to increase by not less than 30 the number of computer forensic examiners within the Regional Computer Forensic Laboratories, and requires the Secretary of Homeland Security to increase by not less than 15 the number of such examiners within the Cyber Crimes Center, who shall be dedicated to investigating crimes involving the sexual exploitation of children.

(Sec. 706) Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention to increase by not less than 10 the number of Internet Crimes Against Children (ICAC) Task Forces authorized and funded under the Juvenile Justice and Delinquency Prevention Act of 1974.

(Sec. 707) Masha's Law - Revises provisions allowing victims of certain sex-related crimes to seek civil remedies to: (1) allow adults as well as minors to sue for injuries; and (2) increase from $50,000 to $150,000 the minimum level of damages.

Authorizes appropriations.

The Library of Congress
http://thomas.loc.gov/cgi-bin/bdquer...:@@@L&summ2=m&


Related 4472 laws:

H.R.3132 ( Children's Safety Act of 2005 )
H.R.3133 ( Sex Offender Registration and Notification Act )
H.R.4905 ( Sex Offender Registration and Notification Act )
H.R.5773 ( Child Fingerprints Safekeeping Act of 2006 )

The Library of Congress
http://thomas.loc.gov/cgi-bin/bdquer...9:HR04472:@@@K



H.R.3726 is the "Child Pornography Prevention Act of 2005

1. [109th] H.R.3726 : To enhance prosecution of child pornography and obscenity by strengthening section 2257 of title 18, United States Code, to ensure that children are not exploited in the production of pornography, prohibiting distribution of child pornography used as evidence in prosecutions, authorizing assets forfeiture in child pornography and obscenity cases, expanding administrative subpoena power to cover obscenity cases, and prohibiting the production of obscenity, as well as its transportation, distribution, and sale, and for other purposes.
Sponsor: Rep Pence, Mike [IN-6] (introduced 9/12/2005) Cosponsors (None)
Committees: House Judiciary
Latest Major Action: 10/17/2005 Referred to House subcommittee. Status: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

The Library of Congress
http://thomas.loc.gov/cgi-bin/thomas


---

3. [109th] S.2140 : A bill to enhance protection of children from sexual exploitation by strengthening section 2257 of title 18, United States Code, requiring producers of sexually explicit material to keep and permit inspection of records regarding the age of performers, and for other purposes.
Sponsor: Sen Hatch, Orrin G. [UT] (introduced 12/16/2005) Cosponsors (30)
Committees: Senate Judiciary
Latest Major Action: 12/16/2005 Referred to Senate committee. Status: Read twice and referred to the Committee on the Judiciary.

The Library of Congress
http://thomas.loc.gov/cgi-bin/thomas


----

Now on to the 2257 record keeping law !

----

Legal challenges

In 1998, a company called Sundance and Associates sued the DOJ. A court later found that the DOJ was not authorized to create the definition of 'secondary producer'. While the DOJ did not strike that language from the regulations per the court?s decision, the DOJ did not launch any inspections.

In 2004, bound by the new PROTECT Act of 2003, the DOJ made sweeping changes to the 2257 Regulations to keep up with the proliferation of sexually explicit material found on the Internet. However, the "secondary producer" language not only remained in the regulations, but the DOJ created a much wider interpretation of who exactly was a "producer" of sexually explicit material and hence was required to comply with the new regulations. Anyone who touched explicit content in any way could arguably be considered a producer and be forced to maintain identification records of models along with a highly complex indexing system that many argue is impossible to implement. Under the current law, anyone who commercially operates a website or releases sexually explicit images of actual humans, regardless of the format (DVD, photos, books, etc.), is subject to penalties that include up to five years in federal prison per each infraction of the regulations. These regulations do not currently apply to explicit drawings (i.e, adult cartoons, hentai) as no actual humans are involved in such production. However the exclusion for such sexually explicit drawings are being confronted with changes to these laws in the recently signed Adam Walsh Child Protection and Safety Act addendum to the adult record-keeping requirements now codified at 18 U.S.C. § 2257A.[4] At this time, though signed into law, the portions of § 2257A which include simulated sex are not enforceable.

In June 2005, the Free Speech Coalition sued the Department of Justice to enjoin the regulations until they can be challenged in whole in court. In December 2006, a federal judge issued an injunction protecting secondary producers who are members of the Free Speech Coalition, but FBI inspections of these producers are still ongoing despite the injunction.[5]

On March 30, 2007, District Court Judge Walker Miller issued an interim ruling, which dismissed some causes of action and allowed others from the initial 2005 case to proceed in light of the Adam Walsh Act amendments to 18 U.S.C. § 2257.[6] The actual trial phase has not yet begun.

Wikipedia.org
http://en.wikipedia.org/wiki/Child_P...nforcement_Act


There seems to be every effort as not to make the distinction between the terms "primary producers" those who create the actual adult content and that of those who are known as "secondary producers" who just display adult content.

This lack of clarity on the US courts part seem to complicate matters ... I have not read any law that have the two excepted terms equaling the same.

The issue is not the fact of the creators of such adult content keeping their records, but rather how third parties or "secondary producers" who link to such records display these records from the actual creators...

It is worth noting that every adult associate program; by how the law(s) are can be interpreted as running illegal operations ...

As law has it the "producer" has to be the "custodian of records"; and yes it is true when you write a web page and display it on the Internet you are publishing... The issue is who has the legal rights to hold the "custodian of records". The actors private info is protected under US law(s); such personal information cannot be freely handed out to members of the public and since "secondary producers" or publishers are required as to provide the "custodian of records" the only legal way is to point to the actual creators of such adult contents, by giving a statement in their 2257 record which by law they are required to display and have a statement on where to find the "custodian of records". This is the excepted practice of the adult community in whole.

I have not come across any US law indicating that adult online publishers who are "secondary producers" cannot just give a statement on where to find the "custodian of records" information within their required 2257 record(s).

The reason of the 2257 records in the first place is to make sure actors are of legal age and to provide a location as to check such hard records if an investigation where needed.

As I have said the 4472 does not void the 2257 nor does it rewrite the term secondary producer.

I have read through the required laws and I can not understand how sarettah can be so dense !

If there are any legal types here please feel free as to give your legal opinion . I am all for being current on this matter...

I would like to note that I am Canadian and that I am not required as to follow the US laws, however I do think that the laws are a good idea and should be practiced as best as possible.


Thanks for your time,

[sarettah]

Originally Posted by Balalsubturfyooj

As I have said the 4472 does not void the 2257 nor does it rewrite the term secondary producer.

I have read through the required laws and I can not understand how sarettah can be so dense !
.

And I don't understand why someone as stupid as you can manage to breath.

4472 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.';

etc etc etc.. I posted the entire amended version of 2257 earlier.

4472 AMENDS 2257, it does not void it, it makes it stronger.

and above I posted the exact phrasing that addresses producers and who they are.

Originally Posted by me

`(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

You are largely quoting caselaw that is made mute by the changes to 2257 that are incorporated in 4472

Now, go back and redo your research, read 4472 sections 502 and 503 and then tell me about 2257. Full text of 4472 is here http://www.govtrack.us/congress/bill...bill=h109-4472

Idiots like you are dangerous because you try to sound like you know what the fuck you are talking about when you do not.

Glamgirls.. It is simple. If you are going to put explicit pictures on a website in the US then get a fucking lawyer.

.

[yahoo-xxx-girls.com]

it is way beyond me how your mental capacity could be so diminished as not to comprehend the most basic aspects of logic... A retard who spent enough time reading my posts on this subject could come up with a relative clear understanding of the issues at hand.

Even a retard who could not string two words together could have got someone to Interpret something too complex for them.

My attempt is not to insult those who are slow, just to bring to the attention to those who have an relative IQ over 50; some information to think about.

If you sarettah have mental issues or are just a slow learner then I must point you to a Psychologist; however please understand I mean not to upset you.

Thanks for your time and take care,

.

[sarettah]

Originally Posted by Balalsubturfyooj

it is way beyond me how your mental capacity could be so diminished as not to comprehend the most basic aspects of logic... A retard who spent enough time reading my posts on this subject could come up with a relative clear understanding of the issues at hand.

Even a retard who could not string two words together could have got someone to Interpret something too complex for them.

My attempt is not to insult those who are slow, just to bring to the attention to those who have an relative IQ over 50; some information to think about.

If you sarettah have mental issues or are just a slow learner then I must point you to a Psychologist; however please understand I mean not to upset you.

Thanks for your time and take care,

.

You really are a clueless fuck, aren't you?

.