AaronM

If what have been the standards of record keeping for the last 14 years is news to you then perhaps you should not bother calling your attorney at all since they have clearly not done their job very well. Maybe an attorney who is a member of the First Amendment Lawyers Association would be of better assistance to you and your company.

On another note....There is neither current law nor proposed regulation that says anything about triplicate forms of model info. Where in the hell are you getting your information from anyway?

Stop running blind and scared. Contact an attorney who knows their shit. J.D. Obenberger of xxxlaw.net comes to mind.

Now?To answer your initial question?..

The new regulations are quite specific yet vague at the same time. The Government clearly knows what a URL is but they do not specifically address where the declaration should be located other than to say the following:

?Any producer of any book, magazine, periodical, film, videotape, computer-generated image, digital image, picture, or other matter that contains one or more visual depictions of actual sexually explicit conduct made after November 1, 1990, and produced, manufactured, published, duplicated, reproduced, or reissued on or after May 26, 1992, shall cause to be affixed to every copy of the matter a statement describing the location of the records required by this part. A producer may cause such statement to be affixed, for example, by instructing the manufacturer of the book, magazine, periodical, film, videotape, computer-generated image, digital image, picture, or other matter to affix the statement.?

[Disclaimer} I have not received any of the following blue colored information from any of my attorneys, it is simply how the proposed regulations read to me.[/Disclaimer]

As you can see by the bold area above?..It is very vague. Going strictly by how it is written, it appears that each and every image or video would need its own declaration attached.

In the past?The law was written as follows:

?Any other film or videotape shall contain the required statement within one minute from the start of the film or videotape, and before the opening scene, and shall display the statement for a sufficient duration to be read by the average viewer. For all other categories not otherwise mentioned in this section(That would be the Internet since it did not exist when this law was written), the statement is to be prominently displayed consistent with the manner of display required for the aforementioned categories.?

That reads as though the declaration should be prominently displayed on the homepage itself, outside of any members area and available for viewing by the average surfer??Keeping in mind that the ?average surfer? will not even join the site?.That is why it can not be exclusively behind a members area.

Soooo?The short answer to your question is that you?re fucked.

Currently these proposed regulations are in the comment phase. I highly suggest that people start taking an active interest in this issue and submit your professionally stated comments to the provided contact.

Written comments must be received on or before August 24, 2004.

ADDRESSES: Written comments may be submitted to:
Andrew Oosterbaan
Chief, Child Exploitation and Obscenity Section
Criminal Division
Attn: Docket No. CRM 103
United States Department of Justice
Washington, DC 20530

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 103 in the subject box. You may also view an electronic version of this rule at the http://www.regulations.gov site.

Facsimile comments may be submitted to: (202) 514-1793. Comments submitted by facsimile must include Docket No. CRM 103 on the cover sheet.

FOR FURTHER INFORMATION CONTACT: Andrew Oosterbaan (202) 514-5780.