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The New Regulations would make Thumb TGPs a lot more difficult as you would have to have a physical 2257 records for each Thumbnail that had sexually explicit activity on it and if the thumb was created from a picture that had sexually explicit activity on it (if you want to be as safe as you can be). If I owned a TGP, and these new rules stand I would simply go back the old style text link TGP. Of course even with a text style TGP you would have to make sure that none of the banners or images you used on the TGP design contained sexually explicit depictions. If you make your own galleries for your TGP you would have to actual 2257 records for those galleries, but if you used hosted galleries and submitted galleries you would not need to worry about 2257 as the images wouldn?t be on your site.
As far as TGPs go the new regulations actually hurt the submitter a hell of a lot more than the TGP owner. I can?t see to many gallery builders keeping physical 2257 records with the indexing requirements the purposed regulations call for as well as the hours they have to keep the records available. Also sponsors also won?t want to furnish content or sexually explicit banners because all it takes is one boob of an affiliate not to keep the records that they provide in good order, to get them in hot water. Under the proposed regulations the program owner could be charged on a conspiracy basis, if the affiliate failed to maintain the 2257 records the sponsor provided with the content. This is also why there is no escape if you are overseas and want to promote US sponsors. If you are a U.S. based program, and your non-U.S. affiliates take the sexually explicit content you provide and don?t keep 2257 records you could be charged as a partner in the conspiracy and they would never have to go after the non-us. affiliate.
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