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Originally Posted by davecummings
I'm not an attorney, so I can't comment --my letter explained your first question, though--see para K in it.
dave
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So let's look at what you say and look at it from the other side of the fence.
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k. Please understand that Secondary Producers have nothing to do with the talent that appear in the products they use; they don?t meet the person on set; they are not able to personally check the DOB documentation prior to the filming; and, to make Secondary Producers maintain the same bureaucratic, political hassling, ?punishment? records as Primary Producers are presently required to do accomplishes nothing worthwhile, least of all any form of ?protecting the children under 18 years of age?. Further, many Secondary Producers are small businesses, often only one-person or part-time operations, who can?t afford the expense or time to obtain and maintain copies of records that are best initiated and maintained by the Primary Producers who actually see and copy the ORIGINAL documents provided by the performers presenting their DOB documentation. Hassling and pressuring Secondary Producers via 2257 record keeping mandates might cause some to go out of business, an UNAMERICAN shame that will only open the floodgates to foreign websites that have content which will still rile the religious radicals?why ?punish? or violate the rights of American fans/viewers/VOTERS who want to give their business to American websites; so, why subject American Secondary Producers to unnecessary 2257 regulations which might put some of them out of business, and subject Americans to patronize foreign web sites??? In my opinion, the pending 2257 regulations seem like a politically-inspired boomerang that will cause voter discontent against government writers and supervisors of 2257 and the federal government, will hurt small American businesses, worsen the Balance of Payments due to out-flow of dollars by Americans who will have to ?get their porn? from foreign sources, cause unemployment, and create further distrust of the subjective government officials who seem to ignore the line between Church and State. Bottom line----for Secondary Producer record keeping, 2257 can satisfy the Adam Walsh law by merely requiring only an email or letter from the Primary Producer attesting to the DOB documentation availability at the Primary Producer?s place of business. Of course, in those instances where a Secondary Producer is also a Primary Producer filming content, any Primary Producer filming must include the same record keeping as required of Adult Film companies. Again, to me, only legal name, DOB documentation, stage name and date of production is all that is comprehensively necessary?2257 should not mandate more, or cross-referencing, or a listing of other productions, OR Secondary Producer records keeping as required by the pending new regulations. I strongly recommend the above to DOJ. Besides the comments in this paragraph that connote my recommendations, I also recommend that the pending 2257 requirement for 2257 Disclosures to be on every page of adult websites be eliminated as not contributing to the purpose of 2257 to ?prevent the filming of underage persons?.
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Secondary producers do not meet the models. So this should make them more wary to do their utmost to ensure the legality of the content. In your opening statement you shot yourself in the foot.
Too small to check the content is legal. Did you even think about that? If you can't run the business properly close it down.
The foreign competition excuse. China has different labor, trade and commerce laws to the US. Are you saying the US should adopt the foreign standards? Do you look at country of production or the price on the label of goods you buy? So fine for you to buy cheap goods produced overseas putting US workers out of a job.
The rest of the world does not do it so neither should we. The US government is not responsible for the rest of the world.
The US will make less money. So everyone should ignore the content might be illegal so they can make more money. Same approach as the sites taking uploaded (stolen) content.
An email from the producer is good enough. At this stage I'm stopping. You were joking about this weren't you.
Sorry Dave but your letter will get you no where, you wasted your time. In fact you might have done more damage than good.
Being a pornographer has responsibilities both ethical and legal. Some want to relieve themselves of those responsibilities so they can spend all their time and effort throwing up content. Sorry but I live in the real world. A world like this.
A world where minors on Myspace are selling nude pictures of themselves. A world in with people like Tracy selling content they have no right to sell. A world where many of the content producers in the US have been put out of business by producers in countries like Russia, Ukraine and even Czech. A world where anyone who did not shoot the content can upload it.
A world where the need is for more control not less.