My take on 2257 and H.R. 4472 (cliff notes version)

My favorite Ben Franklin quote:

Without Freedom of Thought, there can be no such thing as Wisdom; and no such thing as Public Liberty, without Freedom of Speech.

How far we have come from his ideals.....

Why do you make yourself sound so horrible because its not you, your a really nice guy.

In this case "hanging together" would be joining the FSC and making a contribution to the 2257 defense fund.
Have you done this? If not then STFU.

Getting free advice from other people who have retained counsel is not "hanging together" it's leeching.
If you go to jail for a 2257 violation that neither increases nor decreases my chances of going to jail. This isn't the American Revolution Ben, it's compliance with government regulations. If you open up a restaurant across the street from me am I supposed to give you free advice on how to comply with the local health codes?

Maybe my "tone" isn't coming through when I write.....but what would make me a real asshole is if I tried to tell someone how to comply, they took my advice as gospel, and then I was wrong and they ended up in prison for 5 years.

The only way to be 100% certain that you're in compliance is to retain a competent attorney and have them review your websites and record keeping setup. If I'm an asshole for saying so then I guess I'm an asshole.

When you think about it 80% or more of GFY'ers aren't really in the adult business. A very small percentage have competent counsel under retainer and actually know what they're talking about in regards to 2257.
Why on earth would you come here to ask for advice and risk 5 years of your life and a criminal record that will follow you forever?

Unless you don't care if you go to prison for 5 years I strongly urge anyone who hasn't done so to retain competent counsel and do what they tell you to.
If you haven't made enough money in this business yet to afford that counsel, then you should find another part time job that doesn't come with the risk of spending 5 years in jail for a paperwork error.

Honestly if you're not making enough here to pay a lawyer to review your records and educate you, then it's definitely not worth the risk for you to be in this business. That's not me being an asshole, that's just me stating the brutal truth.

amen brutha!

The reason for all my 2257 posts is that when someone finally does go to an attorney, they can ask the right questions, and not start off with "so what's this 2257 thing i have been hearing about?" LOL

Lenny's posts were right on..probably as a frustrated response to reading the many many posts over the years for those who still don't have a clue about 2257, nor have taken the time to even do their own reading.


Fight the 911 on 2257!

The MPAA has.

Yes.


Every conviction that goes down is bad for the industry as a whole and thereby creates a more dangerous environment for all of us.

Think about it, the last thing we need is to feed the public perception that pron = pedophiles. A rash of 2257 convictions would do just that and thereby increase the likelihood of you yourself sharing a cell with Bubba.



That would be your call of course, but doing so might well prove to your advantage in the long run.

look out for HR5672

http://thomas.loc.gov/cgi-bin/cpquer...80&dbname=109&

search for: CHAPTER 110--SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

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Sec. 2252C. Misleading words or images on the Internet

(a) IN GENERAL-

(1) MATTER THAT IS OBSCENE- It is unlawful for any person knowing to embed words, symbols, or digital images into the source code of a website with the intent to deceive another person into viewing material that is obscene.

(2) MATTER THAT IS HARMFUL TO CHILDREN- It is unlawful for any person knowing to embed words, symbols, or digital images into the source code of a website with the intent to deceive a minor into viewing material that is harmful to minors.

(3) IDENTIFIED MATTER NOT DECEPTIVE- For purposes of this section, a word, symbol, or image that clearly indicates the sexual content of a website as sexual, pornographic, or similar terms shall not be considered to be misleading or deceptive.

(b) DEFINITIONS- In this section:

(1) MATERIAL HARMFUL TO MINORS- The term `material that is harmful to minors' means a communication consisting of nudity, sex, or excretion that, taken as a whole and with reference to its content--

(A) predominantly appeals to a prurient interest of a minor;

(B) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and

(C) lacks serious literary, artistic, political, or scientific value for minors.

(2) SEX- The term `sex' means acts of masturbation, sexual intercourse, or physical contact with a person's genitals, or the condition of human male or female genitals when in a state of sexual stimulation or arousal.

(3) SOURCE CODE- The term `source code' means the combination of text and other characters comprising the content, both viewable and nonviewable, of a web page, including any website publishing language, programming language, protocol, or functional content.

(c) PENALTIES-

(1) OBSCENE MATERIAL- Violation of subsection (a)(1) is punishable by a fine under this title, or imprisonment for not more than 2 years, or both.

(2) MATERIAL HARMFUL TO MINORS- Violation of subsection (a)(2) is punishable by a fine under this title, or imprisonment for not more than 4 years, or both.

* * * * * * *

Sec. 2255. Civil remedy for personal injuries

[Struck out->][ (a) Any minor who is ][<-Struck out] (a) IN GENERAL- ANY PERSON WHO, WHILE A MINOR, WAS a victim of a violation of section 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and who suffers personal injury as a result of [Struck out->][ such violation ][<-Struck out] such violation, regardless of whether the injury occurred while such person was a minor, may sue in any appropriate United States District Court and shall recover the actual damages [Struck out->][ such minor ][<-Struck out] such person sustains and the cost of the suit, including a reasonable attorney's fee. [Struck out->][ Any minor ][<-Struck out] Any person as described in the preceding sentence shall be deemed to have sustained damages of no less than [Struck out->][ $50,000 ][<-Struck out] $150,000 in value.

[Struck out->][ (b) Any action ][<-Struck out] (b) STATUTE OF LIMITATIONS- ANY ACTION commenced under this section shall be barred unless the complaint is filed within six years after the right of action first accrues or in the case of a person under a legal disability, not later than three years after the disability.

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It seems that this bill has some issues.. sliding in this kind of language in a budget/appropriation bill and having some really broad language.

the waves keep pounding in......

Companies who put up warning pages, use labelling, don't use deceptive marketing practices (including affiliates), don't put up any explicit imagery in open areas... will weather the storm.


Fight the storm watch!

Fight the bump!