| Paul Markham |
07-23-2004 12:23 AM |
I wonder how many here had actually gone to the Goverment site and pointed this out to them?
Quote:
DATES: 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, United States Department of Justice, Washington, DC 20530; Attn:
``Docket No. CRM 103.''
Comments may be submitted electronically to: <a href="mailto:[email protected][email protected]</a> 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. This is not a toll-free number. Comments
[[Page 35548]]
submitted by facsimile must include Docket No. CRM 103 on the cover sheet.
FOR FURTHER INFORMATION CONTACT: Andrew Oosterbaan, Chief, Child Exploitation and Obscenity Section, Criminal Division, United States Department of Justice, Washington, DC 20530; (202) 514-5780. This is not a toll-free number.
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No much better to just post about it on GFY, here we can really make a difference. :1orglaugh
Read what a pro says.
Quote:
NEW SECTION 2257 REGULATIONS
As noted in last month?s Update, a new set of regulations were introduced by Attorney General John Ashhahahahaha, substantially amending and clarifying the records keeping obligations of content producers and distributors of adult-oriented materials. The proposed regulations, located at http://www.regulations.gov/freddocs/04-13792.htm, are not final yet, but may take effect on or after August 24, 2004, when the period for public comment closes.
The most significant change is the requirement that all secondary producers (now including Webmasters who do not themselves produce content) must obtain copies of age-verification records and I.D.?s required by Section 2257, and maintain them in accordance with the law, in the same manner as primary content producers. §75.1(2). Compliance with the new regulations also means that any performers residing in countries outside of the United States must now produce a passport as the only means of identification, assuming that the regulations are approved as proposed. International or foreign driver?s licenses or country I.D. cards will not be acceptable for foreign models. Additionally, the required age records must be maintained and cross indexed in such a way that they are alphabetically and numerically (whatever that means) retrievable.
The other significant change is the updated requirement for the location of the Disclosure pertaining to the Custodian of Records. Under the proposed regulations, the Disclosure must be contained on the Web site?s ?home page? or ?main URL.? §75.8(d). The Disclosure must be in typeface not smaller that 11 points and must be displayed in black type, on a white, untinted background. §75.6(e). Moreover, under the proposed regulations, the Disclosure must be displayed in the same typeface as the names of the performer, director, producer, or owner, whichever is largest, and shall be no smaller in size than the largest of the names of the performers, director, producer, or owner.
There are a couple of other miscellaneous changes worth mentioning. First, Section 2257 obligations now apparently apply to any content produced on or before November 1, 1990. Given that the universally recognized effective date for the law was June 30, 1995, Webmasters will now need to determine which date to use, in consultation with their attorneys. Also, as alluded to above, those individuals required to keep records must maintain those records for a period of seven (7) years, unless the producer goes out of business, in which case the retention period is five (5) years. §75.4. In regards to Section 2257 inspections, inspections can only occur between the hours of 8 a.m. and 6 p.m. ? every day of the year, including weekends and holidays! §75.5(c)(1). Generally there can be no more than one inspection every four months of a particular individual?s records, unless there is reason to believe that continued violations are occurring. §75.5(d). Inspectors must produce valid credentials showing that they have the right to inspect the records, and they must explain the purpose of the inspection. §75.5(2). The Records Custodian may provide additional information to the inspectors bearing on any concerns identified during the inspections. §75.5(4). Finally, Section 2257 Records must be kept separate from all other business records. §75.2(e). Now, more than ever, is the time to make ensure that all Web site content complies with Section 2257, and begin preparing for the ultimate adoption of the new regulations.
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