As many of you are aware, the record keeping and inspection requirements of the Child Protection and Obscenity Enforcement Act of 1988, 18 U.S.C. § 2257 et seq. (as amended) were recently amended by the Department of Justice. The amended regulations, which take effect on June 23, 2005, include a number of significant changes from the current regulations. Compliance with the amended requirements is likely to prove both complicated and expensive for providers of adult content.
Many customers have inquired about the impact the amended regulations will have on Webair. Webair does not maintain records under the current § 2257 regulations because, as an Internet Service Provider, Webair does not believe it falls within the definition of a ?producer? of adult content for the purposes of § 2257. The amended regulations include two new sections, CFR part 75 (c)(4)(iv) and (v), that specifically relate to providers of hosting and electronic communication services. As Webair interprets them, the new sections do not impose any new obligations on hosting providers.
As amended, CFR part 75 (c)(4)(iv) provides that ?[p]roducer does not include persons whose activities relating to the visual depiction of actual sexually explicit conduct are limited to the following: . .[a] provider of web-hosting services who does not, and reasonably cannot, manage the sexually explicit content of the computer site or service?. CFR part 75 (c)(4)(v) similarly excludes ?[a] provider of an electronic communication service or remote computing service who does not, and reasonably cannot, manage the sexually explicit content of the computer site or service.? In adopting these sections, the DOJ noted:
Twenty-four commenters commented that the exclusion of providers of web-hosting services who do not manage the content of the site or service is vague and may be under-inclusive because some services manage or control certain website content, e.g., advertisements, but not the sexually explicit content. According to the commenters, it is similarly unclear whether editing content only for copyright infringement purposes would constitute control of content. The Department adopts this comment. The exclusion of providers of web- hosting services who reasonably cannot manage the content of the site will be clarified to exclude providers of web-hosting services who reasonably cannot manage the sexually explicit content of the site (for either technical or contractual reasons).
For both technical and contractual reasons, Webair does not, and reasonably cannot, manage the sexually explicit content that its clients place on its servers. Accordingly, Webair does not anticipate any change in its day-to-day operations as a result of the amended regulations.
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Many customers have inquired about the impact the amended regulations will have on Webair. Webair does not maintain records under the current § 2257 regulations because, as an Internet Service Provider, Webair does not believe it falls within the definition of a ?producer? of adult content for the purposes of § 2257. The amended regulations include two new sections, CFR part 75 (c)(4)(iv) and (v), that specifically relate to providers of hosting and electronic communication services. As Webair interprets them, the new sections do not impose any new obligations on hosting providers.
As amended, CFR part 75 (c)(4)(iv) provides that ?[p]roducer does not include persons whose activities relating to the visual depiction of actual sexually explicit conduct are limited to the following: . .[a] provider of web-hosting services who does not, and reasonably cannot, manage the sexually explicit content of the computer site or service?. CFR part 75 (c)(4)(v) similarly excludes ?[a] provider of an electronic communication service or remote computing service who does not, and reasonably cannot, manage the sexually explicit content of the computer site or service.? In adopting these sections, the DOJ noted:
Twenty-four commenters commented that the exclusion of providers of web-hosting services who do not manage the content of the site or service is vague and may be under-inclusive because some services manage or control certain website content, e.g., advertisements, but not the sexually explicit content. According to the commenters, it is similarly unclear whether editing content only for copyright infringement purposes would constitute control of content. The Department adopts this comment. The exclusion of providers of web- hosting services who reasonably cannot manage the content of the site will be clarified to exclude providers of web-hosting services who reasonably cannot manage the sexually explicit content of the site (for either technical or contractual reasons).
For both technical and contractual reasons, Webair does not, and reasonably cannot, manage the sexually explicit content that its clients place on its servers. Accordingly, Webair does not anticipate any change in its day-to-day operations as a result of the amended regulations.
Let me know what you guys think...
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