Who is 2257 going to effect?

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  • slapass
    Too lazy to set a custom title
    • Nov 2002
    • 14625
    #1

    Who is 2257 going to effect?

    Gallery and free site builders might be fucked but they will use free hosting from the sponsor and wham that issue is gone with some extra paperwork. The big ones will be recruited and the little guys will be gone. Just a guess.

    TGP's and MPG's use fhg or submitted galleries. Don't crop to other then face and you are fine. Don't host any images is even better.

    I just got to thinking that most of us can get around this pretty quicky. Anything you are planning on changing if it passes as is?
    Tags: None
    • European Lee
      Confirmed User
      • Dec 2002
      • 7133
      #2
      Who is 2257 going to effect?
      Everyone

      Regards,

      Lee
      YOUR TRAFFIC IS SAFE WITH US - CONDOM CASH
      PUTTING THE GAY ADULT INDUSTRY ON YOUR PC!!
      AFFORDABLE 2257 COMPLIANT GAY + BI CONTENT

        Comment

        • slapass
          Too lazy to set a custom title
          • Nov 2002
          • 14625
          #3
          You and thehun are going to do business the same way as before so that is 2 people out of the mess.

            Comment

            • Alex
              So Fucking Banned (YEA!!)
              • Jun 2004
              • 10963
              #4
              Originally posted by European Lee
              Everyone

              Regards,

              Lee
              What if they are in a non-us contry with servers offshore?
              Care about me?
              Who?
              Me!
              Who?

                Comment

                • Mr.Fiction
                  Confirmed User
                  • Feb 2002
                  • 9484
                  #5
                  Originally posted by slapass
                  Don't crop to other then face and you are fine.
                  I have read in the past that this is not the case. If the picture originally had hardcore content, then you have to have 2257 even if the cropped version does not have hardcore.

                  Maybe that's not required, but some lawyers see it that way.
                  Don't be lazy, protect free speech: ACLU | Free Speech Coalition | EFF | IMPA

                    Comment

                    • Alex
                      So Fucking Banned (YEA!!)
                      • Jun 2004
                      • 10963
                      #6
                      Originally posted by Mr.Fiction
                      I have read in the past that this is not the case. If the picture originally had hardcore content, then you have to have 2257 even if the cropped version does not have hardcore.

                      Maybe that's not required, but some lawyers see it that way.
                      No. Because one they click on the picture they will be on another domain and you dont need 2257 for those that you link to.
                      Care about me?
                      Who?
                      Me!
                      Who?

                        Comment

                        • Mr.Fiction
                          Confirmed User
                          • Feb 2002
                          • 9484
                          #7
                          Originally posted by Alex
                          No. Because one they click on the picture they will be on another domain and you dont need 2257 for those that you link to.
                          But you are still hosting hardcore pictures on your site, even if the hardcore has been cropped out. The sex still happened in that picture.

                          If someone were to take a bunch of pictures of real child porn, and crop out the hardcore, but post the pictures on their site, would that be legal?

                          I don't agree with the bullshit new 2257 law, I'm just telling you what I have heard in the past.
                          Don't be lazy, protect free speech: ACLU | Free Speech Coalition | EFF | IMPA

                            Comment

                            • pr0
                              rockin tha trailerpark
                              • May 2001
                              • 23088
                              #8
                              So stick to non-nude & artistic nudes? lol
                              __________
                              Loadedca$h - get sum! - Revengebucks - mmm rebills! - webair (gotz sErVrz)

                                Comment

                                • Alex
                                  So Fucking Banned (YEA!!)
                                  • Jun 2004
                                  • 10963
                                  #9
                                  Originally posted by Mr.Fiction
                                  But you are still hosting hardcore pictures on your site, even if the hardcore has been cropped out. The sex still happened in that picture.

                                  If someone were to take a bunch of pictures of real child porn, and crop out the hardcore, but post the pictures on their site, would that be legal?

                                  I don't agree with the bullshit new 2257 law, I'm just telling you what I have heard in the past.
                                  If i post a headshot how does anyone know what happend in the full picture or wheater or not that headshot is the real picture. They would have to click through to the gallery and then i let them worry about there 2257. The gallery isnt on my domain or server so i cant get blamed for it.

                                  Thats how i see if. Correct me if im wrong.
                                  Care about me?
                                  Who?
                                  Me!
                                  Who?

                                    Comment

                                    • Lycanthrope
                                      Confirmed User
                                      • Jan 2004
                                      • 4517
                                      #10
                                      Originally posted by Alex
                                      If i post a headshot how does anyone know what happend in the full picture or wheater or not that headshot is the real picture. They would have to click through to the gallery and then i let them worry about there 2257. The gallery isnt on my domain or server so i cant get blamed for it.

                                      Thats how i see if. Correct me if im wrong.
                                      You are wrong. It is VERY clearly stated that cropping, blurring, etc. is not cause for exemption.

                                        Comment

                                        • Spunky
                                          I need a beer
                                          • Jun 2002
                                          • 133978
                                          #11
                                          Originally posted by pr0
                                          So stick to non-nude & artistic nudes? lol
                                          I'm leaning towards something like that

                                            Comment

                                            • slapass
                                              Too lazy to set a custom title
                                              • Nov 2002
                                              • 14625
                                              #12
                                              Originally posted by Lycanthrope
                                              You are wrong. It is VERY clearly stated that cropping, blurring, etc. is not cause for exemption.
                                              Did you see that in the proposed regs? I must have missed that. And what about the PG tours. Is that blurring? I realize they were intended for a different reason but sort of the the same issue.

                                                Comment

                                                • Kingfish
                                                  Confirmed User
                                                  • Sep 2002
                                                  • 668
                                                  #13
                                                  Originally posted by Alex
                                                  No. Because one they click on the picture they will be on another domain and you dont need 2257 for those that you link to.
                                                  Wrong? read 2257 not the regulations in the CFR [quote]

                                                  contains one or more visual depictions made after November 1, 1990 of actual sexually explicit conduct.
                                                  A plain reading doesn?t say the actual penetration has to be showing, but just as a whole sexually explicit conduct has to be depicted. So in other words if you take a sexually explicit photo, and blur out the part where the guy is sticking his cock up a girl?s ass it is still a photo that depicts actual sexually explicit conduct. Same goes for cropping a photo to make a thumb. Say you just have a small 88*88 on your Thumb TGP of a girls head, but click on the Thumb and it shows a picture with a guy?s dick in the girl?s cooter. Even though the big picture isn?t your responsibility the DOJ can use that big picture to determine that your thumb is a depiction of actual sexually explicit conduct.
                                                  Last edited by Kingfish; 05-22-2005, 06:35 PM.

                                                    Comment

                                                    • Lycanthrope
                                                      Confirmed User
                                                      • Jan 2004
                                                      • 4517
                                                      #14
                                                      [QUOTE=Kingfish]Wrong? read 2257 not the regulations in the CFR



                                                      A plain reading doesn?t say the actual penetration has to be showing, but just as a whole sexually explicit conduct has to be depicted. So in other words if you take a sexually explicit photo, and blur out the part where the guy is sticking his cock up a girl?s ass it is still a photo that depicts actual sexually explicit conduct. Same goes for cropping a photo to make a thumb. Say you just have a small 88*88 on your Thumb TGP of a girls head, but click on the Thumb and it shows a picture with a guy?s dick in the girl?s cooter. Even though the big picture isn?t your responsibility the DOJ can use that big picture to determine that your thumb is a depiction of actual sexually explicit conduct.
                                                      Yup.

                                                        Comment

                                                        • slapass
                                                          Too lazy to set a custom title
                                                          • Nov 2002
                                                          • 14625
                                                          #15
                                                          But a head shot does not depict sexual conduct. That is a crazy interpretaion. You have no way of knowing what the larger picture contains from the head shot. It is a pic in and of itself.

                                                          Anyone know what the law would say if you hotlinked a thumbnail? Who has the pic the serve or the site it is on? example is the many sigs on here. who is repsonsible for those under 2257? This board is less good as we control our sigs but if I intentionally hotlink in a pic do I need the docs?

                                                            Comment

                                                            • Kingfish
                                                              Confirmed User
                                                              • Sep 2002
                                                              • 668
                                                              #16
                                                              Not so crazy where in the statute does it say the actually explicit part has to be showing? As to far as not knowing yourself that makes it a little difficult and practically speaking the DOJ would have to have the original picture to prove their case, but the point being if you are making a thumb and then linking a thumb to a gallery with the original picture it would make it easy for them to figure it out.

                                                              As to your second point, I believe the proposed regulations ( I am too lazy to look it up right now) something to the effect of whoever inserts into a website?

                                                              So that would mean hot linking wouldn?t save you from the 2257 requirements.

                                                                Comment

                                                                • tony299
                                                                  lurker
                                                                  • Aug 2002
                                                                  • 57021
                                                                  #17
                                                                  Until the new regs are posted its hard to tell, I think it will be used as the reason to get in the door of the people they want to go after for obscenity. I dont think they are going after some very vanilla mlif site or solo girl site because they will want to win. Little people making plea deals isnt big news.
                                                                  Last edited by tony286; 05-22-2005, 08:50 PM. Reason: missing word

                                                                    Comment

                                                                    • hy777
                                                                      I have 6 credit cards, each buying 1 trial a day
                                                                      • May 2003
                                                                      • 56
                                                                      #18
                                                                      Originally posted by Mr.Fiction
                                                                      I have read in the past that this is not the case. If the picture originally had hardcore content, then you have to have 2257 even if the cropped version does not have hardcore.

                                                                      Maybe that's not required, but some lawyers see it that way.
                                                                      I think the issue with cropping is the same as with blurring. If two people are engaged in sexually explicit conduct and you crop out the part that indicates this (like cropping their genitals), then, the picture still falls within the defintion of sexually explicit conduct.

                                                                      BUT, if you present a thumbnail of JUST a face with no other indication of sexually explicit conduct and this thumbnail doesn't link to anything or links to an unrelated photo not hosted by you, then the thumbnail should be exempt and the cropping is good.

                                                                      Can anyone with legal experience contribute?

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