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Originally Posted by RegUser
can someone please post the link to legal statement that exempts user uploaded porn content from 2257?
I dont think there is any such beast
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From the DOJ's own Small Business Guide to 2257...
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Q. How do eligible entities comply with the "safe harbor" exemption?
A. Entities seeking to claim the exemption may certify for itself and for all sub-entities that it owns or controls. Both United States and foreign entities may certify. In the case of a certification by a foreign entity, the foreign entity, which may be unlikely to collect and maintain information in accordance with United States federal and state tax and other laws, may certify that it maintains the required information in accordance with their foreign equivalents. The certification is to be signed by the chief executive officer of the entity making the certification, or in the event an entity does not have a chief executive officer, the senior manager responsible for overseeing the entity's activities. A producer of materials not covered by the certification regime as well as materials covered by the certification regime is not disqualified from using the certification regime for materials covered by the certification regime. Those entities who wish to use the certification process must file an initial certification within 180 days after publication of the 2008 final rule, that is, by June 16, 2009. This will provide sufficient time for entities to determine if they wish to certify and come into compliance with the certification requirements. Initial certifications of producers who begin production after the expiration of the 180 day period are due within 60 days of the start of production. See, 28 C.F.R. § 75.9.
Q. How is the certification enforced?
A. Certifications that are knowingly and willingly false subject the signer to criminal prosecution for making a false statement regarding a matter within the jurisdiction of the U.S. government.
Q. What is the required format of the certification?
A. The certification must (1) outline the statutory basis for eligibility for the safe harbor; (2) state in specified language that in the regular course of business, the producer and sub-entities collect and maintain individually identifiable information concerning all performers; and, if appropriate, (3) state in specified language that the visual depictions were produced outside the United States, but that either records were kept by the foreign producer on foreign performers or that the U.S. producer took reasonable steps to confirm that foreign performers were not minors. See 28 C.F.R. § 75.9(b) and (c) for the form and specific content of the certification.
Q. What are the recordkeeping obligations for a producer who is eligible for certification once the rule takes effect?
A. The recordkeeping requirements take effect at the same time as the certification regime. Producers who are eligible for the certification will be able to make such certifications without the necessity of having to comply with the recordkeeping requirements.
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If you can fully understand that you are smarter than the average bear -- and probably more than 99% of the FBI agents on the inspection team.
Here's a link to the entire guide...
http://www.justice.gov/criminal/optf...nce-guide.html