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more attorney banter:

Bernstein?s Firm Adds to 2257 Foreign ID Discussion
by Eric M. Bernstein & Associates

The new 2257 regulations are out and, naturally, the lawyers are circling the wagons looking for ways to assist their clients through the morass of sometimes confusing, sometimes overburdensome, sometimes inconsistent, but always intimidating, language of 28 CFR 75.1 et seq. One such article was recently published on YNOT about attorney J.D. Obenberger?s initial response to the widespread industry belief that the new regulations all but eliminate the use of foreign models by U.S.-based producers or content produced overseas. According to the article, Mr. Obenberger has discovered that the regulations permit a U.S. producer to use an ?identification document? issued by a foreign government and, provided it contains a photo of the model, no ?picture identification card? (as defined in the regulations) is required. See Obenberger Addresses 2257 Confusion Over Foreign IDs in the ?Industry News? section of YNOT. While we applaud Mr. Obenberger for his creativity, we disagree with his results and are concerned about grave consequences for the webmaster or producer that does not consult with his or her own attorney for analysis. [Editor?s Note: Obenberger has since retracted his statements in the aforementioned article.]