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Old 07-27-2006, 08:38 PM  
AmateurFlix
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Join Date: Jul 2004
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How to comply with 2257/4472

The title is actually a question, not a statement, but hopefully it'll keep this thread active for a while.

For the nitwits that are going to reply with "consult with an attorney", skip it for now, even one of the most prominent first amendment attorneys has stated that this law is confusing to him so it's likely going to be a while before the lawyers can tell us anything definitive. If you walk away with nothing else from this post, perhaps it will at least stimulate some questions to ask your own attorney.

In the meantime perhaps a discussion can bring about some intelligent consensus; at least it's a starting point.

Do not take anything in this thread as legal advice; it's just webmasters like you trying to work through this - if you don't have something to contribute, please don't post. Let's keep this a serious thread.

My approach as an affiliate to comply with these new regs, is that it might be best to simply avoid any activities that fall under their reach.

I promote mainly softcore nudes (that were previously exempt from 2257) and use only sponsor FHG's and linkcodes for other types of content.

1. I assume if I use only textlinks to sites or FHG's, that should place me well out of reach of the new regulations since this does not place any image or video content on my sites/servers. However there is a section in 4472 addressing text content as well. At first glance it appears to deal only with "misleading" text used to entice children, however I wonder how this would deal with a description such as "Hot blonde inserts toy" since the description contains the word "toy". Any comments?

2. Now for a question regarding thumbnail images; if I crop face & tit shots from softcore images for thumbs on my sites, is that exempt?

3. If the original image was "softcore" but displayed the pubic region, and all I crop is the face & tits from it, is the face & tits thumbnail image then exempt?

4. If the source FHG contains multiple images some of which are hardcore or display the pubic region, and others images from the same FHG are NOT explicit, can I safely crop thumbnails from the non-explicit images and remain exempt from record keeping requirements?

5. When do these regulations go into effect? Right now? 90 days from now?

I suspect this isn't really going to affect my own sites as much as it will most due to the type of content I promote and the way I promote it. However it's an issue that we all need to address, and quickly.

We need some answers here. Anybody have any, or have any other questions to contribute?
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