2257 question

[golden_boy69]

I'm getting a lot of emails about this change. If I just use the compliant hosted galleries and make sure to insert a link to 2257 on galleries I make myself, do I have anything to worry about?

I have a tgp that doesn't have a warning entrance page. And on the page that lists the thumbs, there is no 2257 link, but on the galleries there may be one. Do I have to make sure that all the submitters include a 2257 link on the gallery they submit?

[YankBro]

There are many interpretations of the new regs, but by most considerations you are in violation of federal law in several ways. For one, you are taking your eye off the ball regarding the obscenity statutes. A free site (with a warning page or not), that allows free, unverified access to hardcore pornography breaks the law. That has always been the case. Up 'till now the DOJ has had better things to do than slam people on garden-variety obscenity charges. This may be changing soon. Seeing as how you are now required to list an address, where law enforcement can place their hands on the site operators directly, don't just assume it's because they want to inspect id's. A quick obscenity charge, search warrant and accompanying local press field day exposing you as a pornographer is just a bonus on top of federal 2257 violations.

As for the galleries themselves, if you host thumbs you have to list yourself or an employee of yours (as if) as custodian of the records at the bottom of each page that displays adult content on your server(s). As a secondary producer you have to be able to provide either hard copies or electronic links to the records themselves. Just assuming that the content is complaint by listing the producer's disclaimer doesn't do a thing to make you compliant.

If an investigator shows up at the address listed as the custodian's place of business asking for the records of a certain thumb from your server from say 3 weeks ago, you will have to provide the actual documentation or an electronic copy. Ouch. Even if it's not a live page anymore you still have to keep records going back many years supposedly.

Now the tricky thing is deciding whether to expose yourself to investigation in the first place by listing your name and address on each page of your website. At this point every surfer, stalker, cop, born-again evangelist, etc knows where you live/work. If you live in a conservative community where porn is frowned upon then you open yourself up to scrutiny from local law enforcement in a variety of ways. First off, the cops and your neighbors know you run a porn business. Do you live in a residential community where you or any of your family members could be ostracized for working in porn, do you smoke or sell pot or party in any similar fashion at the address listed in your 2257 disclaimer? Most importantly, do you have any children that live there with you? If so, you need to get an office that has no other purpose than legitimate business tasks.

If the new reg's hold up in court over time, and not just during a temporary injunction or grace period, the run and gun days of the home-based webmaster has probably come to an end.

[MyNameIsEmily]

I'll tell you what you have to do:

Fight Back.

"Free Speech, No Sex!"

Support the Free Speech Coalition in their fight for your constitutional rights, by adding one of these banners to your signature:

[golden_boy69]

so 99% of the free sites out there are all breaking the law? The vast majority do not check the age through some verification process.

[golden_boy69]

What about a site like http://www.jpegworld.com ? Will we see sites like this making big changes? What are all the things this site is doing that is illegal?

[YankBro]

any hardcore content available for viewing without age verification is illegal/obscene. Every photo thumb on that page has to have an electronic 2257 link for every different set of pics featured....even the softcore thumbs if the set ends up being hardcore or depicting sexual activity. The link can't just be the company's name like before the new 2257 rules...there has to be a link to the actual scanned id's. One fuck-up results in a nickel in the pokey.

Again, even if you list the address of the records custodian on the page you still are breaking obscenity laws. By actually obeying with the new 2257 regs you just make it easier for them to find you. Ouch!

[gruvr777]

any hardcore content available for viewing without age verification is illegal/obscene. Every photo thumb on that page has to have an electronic 2257 link for every different set of pics featured....even the softcore thumbs if the set ends up being hardcore or depicting sexual activity. The link can't just be the company's name like before the new 2257 rules...there has to be a link to the actual scanned id's. One fuck-up results in a nickel in the pokey.

Again, even if you list the address of the records custodian on the page you still are breaking obscenity laws. By actually obeying with the new 2257 regs you just make it easier for them to find you. Ouch!

Can you just run your server from a different country?