Some 2257 advice before you go crazy....... - GoFuckYourself.com - Adult Webmaster Forum

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#1

Some 2257 advice before you go crazy.......

05-26-2005, 06:04 PM

and end up with anxiety then have to take Xanax...

The Advice is:

A: Chilllllllllllllllllllllllllllllllllllllllllllllll llllllllllllllllllllllllllllllllllllllllllllllllll

B: Get a lawyer

C: Chilllllllllllllllllllllllllllllllllllllllllllllll llllllllllllllllllllllllllllllllllllllllllllllllll

D: If you dont have lawyer at this step go to step B if you have lawyer go to Step E:

E: Chilllllllllllllllllllllllllllllllllllllllllllllll llllllllllllllllllllllllllllllllllllllllllllllllll
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HarrytheNazi

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#2

05-26-2005, 06:05 PM

its the fear of not knowing thats killing me.
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Steve_NCH

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#3

05-26-2005, 06:15 PM

I'm glad the Feds can't touch me here in the UK
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Spunky

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#4

05-26-2005, 06:19 PM

I'm not too worried yet

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#5

05-26-2005, 06:26 PM

Originally posted by blerche

its the fear of not knowing thats killing me.

READ the regs. Ok regs are written for people so they can abide by them. If you can't read enlglish then may I suggest going back to school.

I mean you already KNOW if your content is "sexually explicit" or not now don't you? It's is for 99% of us.

Knowing this you KNOW you have to have the proper docs. Primary prodcucers have had to deal with these docs for YEARS now so all you need to do is get a copy of the docs from them. It's not like you've got to go out and find the chick yourself and get the shit from her.

In addition to the info on the docs the DOJ wants to know WHERE this content is located. YOU made the sites, pages, galleries. YOU should fucking know where the content is.

The DOJ has a specific way they want you to list the info in your files and I'm not getting into that, just read the regs. It states which order the info should be listed and how it should be referenced.

Also the DOJ wants to know where to find the "custodian of records". This is YOU. You can rationalize all you want that you're not REALLY a 2ndary prodcuer or you are only a "distributer" or you shouldn't have to be the "custodian" but the according to the DOJ you are a 2ndary producer and you are the "custodian of records" for content on your site. Thus it's YOUR name and address they want on the 2257 page so they know where to do an inspection. Now if you work out of your home and you don't want to list your home address then I suggests getting some office space somewhere.
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kernelpanic

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#6

05-26-2005, 06:29 PM

Originally posted by GatorB

READ the regs. Ok regs are written for people so they can abide by them. If you can't read enlglish then may I suggest going back to school.

Too bad its all in vague legalspeak. If it were clear to understand, there wouldn't be 4857498374 people asking for clarifications, or putting forth "what if" scenarios.

Originally posted by GatorB

The DOJ has a specific way they want you to list the info in your files and I'm not getting into that, just read the regs. It states which order the info should be listed and how it should be referenced.

Part of the anxiety comes from the fact that these new 2257 regs are mostly red tape, and are just a way of hassling adult webmasters for the sake of hassling them.

Originally posted by GatorB

Also the DOJ wants to know where to find the "custodian of records". This is YOU. You can rationalize all you want that you're not REALLY a 2ndary prodcuer or you are only a "distributer" or you shouldn't have to be the "custodian" but the according to the DOJ you are a 2ndary producer and you are the "custodian of records" for content on your site. Thus it's YOUR name and address they want on the 2257 page so they know where to do an inspection. Now if you work out of your home and you don't want to list your home address then I suggests getting some office space somewhere.

So its either pay out the ass for officespace or list a home address. That must be a great feeling. Something like that wouldn't be the source of anxiety at all. Nope, no anxiety there.

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#7

05-26-2005, 06:29 PM

It's hard to Chillllllllllllllllllllllllllllllllllllllllllll when your business structure falls apart and you have to come up with new ways to make money in under a month.
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#8

05-26-2005, 06:30 PM

Originally posted by Steve_NCH

I'm glad the Feds can't touch me here in the UK

If you wish to not comply you are PROHIBITED from selling to the US. Of course you'll probally don't acknoweldge that law either. Fight the power dude! Stick it to the man!
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#9

05-26-2005, 06:32 PM

Originally posted by clickhappy

It's hard to Chillllllllllllllllllllllllllllllllllllllllllll when your business structure falls apart and you have to come up with new ways to make money in under a month.

Bingo.

The new regs do little for practical purposes. It isn't about recordkeeping, its about hassling adult webmasters. As a smaller webmaster, of course I'd be irritated if I have to waste more time with red tape that I could otherwise be developing and promoting sites with.

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kernelpanic

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#10

05-26-2005, 06:33 PM

Originally posted by GatorB

If you wish to not comply you are PROHIBITED from selling to the US. Of course you'll probally don't acknoweldge that law either. Fight the power dude! Stick it to the man!

If his registrar, host, and processor aren't in the US, then what does he care?

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#11

05-26-2005, 06:35 PM

Mainstream is looking so much more attractive..less hassles and bullshit

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#12

05-26-2005, 06:37 PM

Originally posted by clickhappy

It's hard to Chillllllllllllllllllllllllllllllllllllllllllll when your business structure falls apart and you have to come up with new ways to make money in under a month.

no need to stress over what you can't change, and since there is little we can do to change the 2257 (besides supporting the FSC) like any business you have to be able to adapt.
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GatorB

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#13

05-26-2005, 06:43 PM

Originally posted by kernelpanic

Too bad its all in vague legalspeak. If it were clear to understand, there wouldn't be 4857498374 people asking for clarifications, or putting forth "what if" scenarios.

It's easier just to assume you HAVE to comply than to try to read into the rule what you WANT to read into it. Trying to find some loophole to get of doing this will only cause you trouble. Let the lawyers find the loopholes and until a court says "No you are not a 2ndary prodcuer" safest best is to comply. Worst case scenario is you did a lot of work for nothing. Beats jail time.

Part of the anxiety comes from the fact that these new 2257 regs are mostly red tape, and are just a way of hassling adult webmasters for the sake of hassling them.

95% of all regulations in all businesses are BS red tape. And yes these rules are just to get as many of use to quit as they can. They rather have 1000 of us to just quit than to throw 1000 of us in prison.

So its either pay out the ass for officespace or list a home address. That must be a great feeling. Something like that wouldn't be the source of anxiety at all. Nope, no anxiety there.

Of course it is but if you have been shooting your own content you've had to do this anyways. If you haven't well this is the price we pay to do this for a living. If you are afraid or ashamed to list your name and address then you don't have much choice but to find another way of making a living. At least office space is a tax deduction. Every business in my town has to have a business license( which is a BS rule in itself. License just means TAX. ). Through that I can find the name of the owner and their address through the public records.
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#14

05-26-2005, 06:44 PM

This whole 2257 thing like somebody say is a poke at adult webmasters. Like, " How do you like that you porn selling devil children?". 2cents
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#15

05-26-2005, 06:44 PM

Originally posted by dasexi1

no need to stress over what you can't change, and since there is little we can do to change the 2257 (besides supporting the FSC) like any business you have to be able to adapt.

I know. Thanks God I promoted revshare and built up a decent nest of rebillers, instead of going pps. I'll be living off of those rebills for a while.
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#16

05-26-2005, 06:51 PM

Originally posted by kernelpanic

If his registrar, host, and processor aren't in the US, then what does he care?

He probally doesn't. Still doesn't mean he's not breaking the law. A UK farmer can't sell beef that not labeled properly in the US and according to the DOJ this falls under the SAME rules. These aren't MY interpretations, it's the DOJ's.

Also if a UK porn producer wanted to sell his tapes and mags in US legally he certianly would have to abide by the OLD 2257 rules regaurdless. These new rules just extend this rule to us webmasters.

What would happen to a UK porn prodcuer that tired to sell tapes and mags in the US without the proper 2257? What would happen to the UK farmer trying to sell unlabled beef in the US? I don't know, but I'm sure there is some kind of recourse for that. I personally don't care if non-americans abide or not because if they get caught and the US government is able to exact some kind of penalty it's not my problem.
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Juicy D. Links

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#17

05-26-2005, 06:56 PM

Guys please CHILLLLLLLLLLLLLLLLLLLLLLLLL
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GatorB

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#18

05-26-2005, 06:58 PM

Originally posted by Juicy D. Links

Guys please CHILLLLLLLLLLLLLLLLLLLLLLLLL

Who is getting all un-chilly?
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kernelpanic

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#19

05-26-2005, 06:59 PM

Originally posted by GatorB

He probally doesn't. Still doesn't mean he's not breaking the law. A UK farmer can't sell beef that not labeled properly in the US and according to the DOJ this falls under the SAME rules. These aren't MY interpretations, it's the DOJ's.

Also if a UK porn producer wanted to sell his tapes and mags in US legally he certianly would have to abide by the OLD 2257 rules regaurdless. These new rules just extend this rule to us webmasters.

What would happen to a UK porn prodcuer that tired to sell tapes and mags in the US without the proper 2257? What would happen to the UK farmer trying to sell unlabled beef in the US? I don't know, but I'm sure there is some kind of recourse for that. I personally don't care if non-americans abide or not because if they get caught and the US government is able to exact some kind of penalty it's not my problem.

Thats not the case with internet commerce though. If he's a UK based individual/corp., hosted in the UK, then that doesn't mean he's selling in the US. There is a difference between selling in the US and selling to people in the US - if I, as an American, go to his site and buy porn, then that makes me an importer of it.. The fact that he is the passive party means that he's not selling within US jurisdiction, although the US can bar its residents from buying porn from the UK.

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#20

05-26-2005, 07:00 PM

Originally posted by Juicy D. Links

Guys please CHILLLLLLLLLLLLLLLLLLLLLLLLL

No way, I don't like the thought of being run out by red tape

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#21

05-26-2005, 07:05 PM

Fill me in whats this 2257 about.

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kernelpanic

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#22

05-26-2005, 07:05 PM

Originally posted by popy

Fill me in whats this 2257 about.

Step 1: Open any thread on GFY
Step 2: Read

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Juicy D. Links

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#23

05-26-2005, 07:06 PM

All this talk about UK Beef got me Hungry for a steak
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#24

05-26-2005, 07:09 PM

Originally posted by kernelpanic

Thats not the case with internet commerce though. If he's a UK based individual/corp., hosted in the UK, then that doesn't mean he's selling in the US. There is a difference between selling in the US and selling to people in the US -.

Like I said it really doesn't matter how YOU or I see it it's how the DOJ sees it.

Here is their own words. So please don't get all over my case.

The rule is no different from other forms of labeling requirements imposed on foreign producers of, e.g., alcohol, tobacco, or food items that are imported into the United States.

In order to sell in the U.S. market, foreign producers must comply with U.S. laws.

This rule applies equally to any sexually explicit material introduced into the
stream of commerce in the United States no matter where it was produced.

Foreign producers have the option of not complying with the rule, but then their access to the U.S. market is justly and lawfully prohibited.

Last edited by GatorB; 05-26-2005, 07:10 PM.
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#25

05-26-2005, 07:09 PM

Originally posted by spunky

Mainstream is looking so much more attractive..less hassles and bullshit

i've already started the cross-over.
by next year, i'll be 100% mainstream. im not fuckin with all these laws & afraid to wake up & see my sites are down with a FBI sticker on it saying i wasnt complient enough.

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#26

05-26-2005, 07:13 PM

Oh the 2257 your talking about is section 2257. Now i get it.

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#27

05-26-2005, 07:21 PM

Originally posted by GatorB

Like I said it really doesn't matter how YOU or I see it it's how the DOJ sees it.

Here is their own words. So please don't get all over my case.

The rule is no different from other forms of labeling requirements imposed on foreign producers of, e.g., alcohol, tobacco, or food items that are imported into the United States.

In order to sell in the U.S. market, foreign producers must comply with U.S. laws.

This rule applies equally to any sexually explicit material introduced into the
stream of commerce in the United States no matter where it was produced.

Foreign producers have the option of not complying with the rule, but then their access to the U.S. market is justly and lawfully prohibited.

good thing you made your text bold, the regular text is just so hard to read.

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#28

05-26-2005, 11:08 PM

Originally posted by GatorB

If you wish to not comply you are PROHIBITED from selling to the US. Of course you'll probally don't acknoweldge that law either. Fight the power dude! Stick it to the man!

I'll be complying anyway, just to be on the safe side. But there's no way the Feds are gonna fly across the Atlantic to search my place and make sure I have all the documents.
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