GoFuckYourself.com - Adult Webmaster Forum - View Single Post

yahoo-xxx-girls.com · 05-08-2007, 07:40 PM

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,

.

05-08-2007, 07:40 PM
yahoo-xxx-girls.com Confirmed User Join Date: Jul 2006 Location: Canada Posts: 3,143	2257 Case Law... Hope you enjoy ! 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, .