Quote:
|
Originally Posted by ShellyCrash
There will still be nude contend on adult dating sites. 
Within the current 2257 regulations right now the user submitted content makes us, as an adult personals site, a secondary producer. The updated regulations on the table right now that enforce stronger regulations on secondary producers would definatly have an effect on the online industry as a whole. Yahoo for example does not only have a problem with their personals, but also their groups, and geocities pages, etc.
We have a validation feature on our site in which users who want to validate their profile pics can send in a copy of their ID. It's actually more popular than you would think, but it's my understanding (and I say this not as a lawyer) that just a photocopied ID alone will not qualify as proper documentation for the pending 2257 regulations.
If these pass, yes, there will be a loss of some of the more hardcore user submitted content- but many members use pics that they have taken themselves, full frontal shots, etc, that are not considered hardcore content.
Because we have both user submitted content and professionally produced content (photo galleries, videos, etc) we're already familliar with the work involved with becomming 2257 compliant. The user thumbnails for the rank me tool and integrated personals features are already compliant with the pending legislation, and the geotargeted ads are in the works. It is important, especially with the volume of user submitted content we posess, that we are proactive in our approach to dealing with this topic.
Sorry for the late response, but I'm just adjusting back to the eastern time zone from Cybernext.  |
(From Ben at Newbreed, while Bill is in the air...)
There are a couple of things that people are not realizing here...
First, and absolutely foremost... The new 2257 regs have ALREADY been approved. The June 23, 2005 date is the date they actually go into effect. (30 days after publication in the Federal Register).
Second, according to the FSC attorneys at the CybernetExpo in SD this week, the government is absolutely going to be moving forward with investigations, etc. The best posture, according to them, is not to take a wait and see position as to whether they are able to get an injunction against the enforcement. You need to get your shit together now! Unless you want to take the gamble of being the some of the first to take the 2257 arrows. The FSC attorneys were very emphatic in that there WILL be some 'examples' made in the industry and there will be 'martyrs' (euphemistically regarded as heroes) at the outset.
Thirdly, even if there is an injunction awarded, it may be very limited in scope and it will most certainly ONLY apply to members of the FSC.
Now, I'm not a lawyer, but I have read the 2257 regs many times and have studied some law in college .... </disclaimer on> This is NOT a legal opinion! </disclaimer off>
In order to 'qualify' the image(s) must be produced by the primary (or secondary) producer in a COMMERCIAL effort, this is one of those key statements in the law.
If Jane Jones from Kokomo, IN wants her husband or boyfriend to take pics of her for their own use, they do not come under the regs. However, that being said, since the primary interest of the dating sites IS a commercial one they DO fall under the aegis of the 2257 regs and would certainly have to obtain the appropriate Photo ID from the 'model'.
HOWEVER!... the regs also stipulate that the producer must 'authenticate' that the model's information is also actually the model's information and as a secondary producer the dating site would be absolutely foolish to allow any supposed subscriber to simply upload an image of a photo id and take it for granted that the photo id received is actually the photo id of the model. This issue will be rife with hazards...
It will certainly be interesting to see how this particular issue falls out...
My recommendations to all of you would be, make sure your membership with the FSC is paid up and that you have corporate and individual memberships so you can protect your interests with the results of the injunction (if they are awarded).
2257-Ben from Newbreed