Also remember that these are PROPOSED regs that the public can write in and comment on so that they Government can ignore us first before turning them into actual law.
"In addition, by confirming that the statute and
regulations apply to ``secondary producers,'' the revised proposed rule
will make it more difficult for the purveyors of such material to
access the market."
The proposed rule requires, per the statute, that the statement describing
the location of the records required by this part be affixed to every
page of a Web site (controlled by the producer) on which visual
depictions of sexually explicit conduct appear.
Apparently they're now saying that putting a link marked "18 U.S.C. 2257 Record-Keeping Requirements
Compliance Statement." on each of your pages, that goes to a page that has the address of where your records are, is no longer good enough.
They now want your name and address on EVERY PAGE that sexually explicit conduct appears?
Apparently they're now saying that putting a link marked "18 U.S.C. 2257 Record-Keeping Requirements
Compliance Statement." on each of your pages, that goes to a page that has the address of where your records are, is no longer good enough.
They now want your name and address on EVERY PAGE that sexually explicit conduct appears?
Finally I can stalk those sexy models! YES! Ill add that I'm sarcastic...
(g) Records are not required to be maintained by either a primary
producer or by a secondary producer for a visual depiction of sexually
explicit conduct that consists only of lascivious exhibition of the genitals or
pubic area of a person, and contains no other sexually explicit
conduct, whose original production date was prior to July 27, 2006.
Now if you don't maintian the records how are you going to prove to the feds that the material was made before July 27, 2006?
it
clarifies that primary producers may redact non-essential information
from copies of records provided to secondary producers, including
addresses, phone numbers, social security numbers, and other
information not necessary to confirm the name and age of the performer.
However, the identification number of the picture identification card
presented to confirm name and age--such as drivers' license number or
passport number--may not be redacted, so that its validity may be
confirmed.
Redacted docs OK for secondary producers so long as it contains the above info.
No, there appear to be exceptions that are specifically written exclude hollywood from the regs.
Why? I would think that a movie like "Not Another Teen Movie" would fall right into this. Adults pretending to be teens engaging in simulated sexual behavior? Um that doesn't apply?
Live content producers MUST record PART of each live performance and maintain it:
the proposed rule clarifies that producers of visual
depictions performed live on the Internet need not maintain a copy of
the full running-time of every such depiction. Rather, they may
maintain a copy that contains running-time sufficient to identify each
and every performer in the depiction and associate each and every
performer with the records needed to confirm his or her age.
Why? I would think that a movie like "Not Another Teen Movie" would fall right into this. Adults pretending to be teens engaging in simulated sexual behavior? Um that doesn't apply?
No because it's mainstream hollywood and there are mainstream hollywood exceptions.
DATES: Written comments must be received by September 10, 2007.
ADDRESSES: Written comments may be submitted to: Andrew Oosterbaan,
Chief, Child Exploitation and Obscenity Section, Criminal Division,
United States Department of Justice, Washington, DC 20530; Attn:
``Docket No. CRM 104.''
Comments may be submitted electronically to: [email protected]
or to http://www.regulations.gov by using the electronic comment form provided
on that site. Comments submitted electronically must include Docket No.
CRM 104 in the subject box. You may also view an electronic version of
this rule at the http://www.regulations.gov site.
Other than clarifying the foreign ID muck, that seems to be about it as far as I can tell.
Basically it just confirms that secondary producers are now as fucked as primary producers, and adds some more stupid unnecessary crap like having to put our address on EVERY SINGLE PAGE that a sexually explicit depiction appears instead of just using a link, that live cam houses have to record "part" of the performance, and that now even fully clothed people might be covered by 2257, etc. etc.
So a girl posing nude, spreading etc in pics I bought years ago require no documentation? Not too shabby. Unless I missed something.
Nope. How can they expect you do have records of something when it wasn't required or even proposed to be required when you obtained the material? That's why porn movies made before 1990 don't have to have 2257 info.
Good question though GatorB.. I suppose you'd better file and save the receipts, and content licenses which you normally sign and date anyway.
Well it doesn't matter WHEN you bought them. It matters when the content was origanally produced. Obviously if you bought it before July 27, 2006 then it was produced then.
Other than clarifying the foreign ID muck, that seems to be about it as far as I can tell.
Basically it just confirms that secondary producers are now as fucked as primary producers, and adds some more stupid unnecessary crap like having to put our address on EVERY SINGLE PAGE that a sexually explicit depiction appears instead of just using a link, that live cam houses have to record "part" of the performance, and that now even fully clothed people might be covered by 2257, etc. etc.
Sucks bad.
Yes and that's YOUR address not he address of the original producer as 99% of people that have 2257 links on their sites do.
So if you do this out of your home and then your REAL name and your REAL address and your REAL phone number needs to be listed.
The proposed rule requires, per the statute, that the statement describing
the location of the records required by this part be affixed to every
page of a Web site (controlled by the producer) on which visual
depictions of sexually explicit conduct appear.
"affixed"? Is linking "affixing"? Why not?
How about a mouseover tooltip ballon? It's in the code, it's on the page, it's affixed isn't it? hmmmm..
thats the way i read it. I'll give you more feedback in a couple of hours, as we're having a legal panel here at the show to discuss this very issue in detail
Yes and that's YOUR address not he address of the original producer as 99% of people that have 2257 links on their sites do.
So if you do this out of your home and then your REAL name and your REAL address and your REAL phone number needs to be listed.
That's correct, a secondary producer is required by law to maintain and cross reference all records in the same way that a primary producer is, and the secondary producer's address must be on EVERY page of EVERY site that they own, and secondary producers must be available 20 hours per week at that location for inspection.
thats the way i read it. I'll give you more feedback in a couple of hours, as we're having a legal panel here at the show to discuss this very issue in detail
That's correct, a secondary producer is required by law to maintain and cross reference all records in the same way that a primary producer is, and the secondary producer's address must be on EVERY page of EVERY site that they own, and secondary producers must be available 20 hours per week at that location for inspection.
wow eh, if this passes than there will be a ton of US webmasters closing up shop.
How about a mouseover tooltip ballon? It's in the code, it's on the page, it's affixed isn't it? hmmmm..
It specifically excludes the use of "pop-ups" and "links" and specifically states that your name and address must appear on each page of the site where there's explicit material.
Fuck these bullshit rules. I hope someone sues the government after this is all passed( and you kow it will be ) and ties this is court for years like COPA. No way secondary prodcuers should have to keep records.
Ok so say Scene 1 from Ass Fucked BIATCHES #87 is on 1000 sites. Why would the government bother checking 1000 sites who had NOTHING to do with making of this movie, when it would be easier to check the records of the ORGINAL PRODUCER who actually made the product in the first place? Seems like an incredible waste of time, manpower and money.
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