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Old 08-23-2004, 04:15 AM   #1
$pikes
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2257 Public Comment Ends August 24th!

The 2257 discussion at Internext Miami was a real eye opener. The hair is still standing up on my neck and arms from the legal seminar.

J. D. Obenberger, one of the legal panelists, related a recent discussion he had with a department of justice lawyer who is "one handshake away from Ashkroft".

Because of the dangers of stalkers, Obenberger was trying to explain to the lawyer how these proposals could endanger the lives of live cam girls and single site girls who run their sites from home if they are forced to release their personal info to the public.

The lawyer's reply... "what makes you think we care?"

Tomorrow is the final day that any of us can post a comment to the DOJ as to how the proposals will affect our business. After that, I hear the ruling on these proposals could come any day.

SMASHBUCKS is going to add another 100 downloadable MPG sets and hosted galleries and more free hosting servers today for our classic porn as it's 2257 exempt (produced before 1991) in anticipation of any serious hammer coming down after tomorrow.

I think Ashkroft will try to push thru what ever he can at this point. These are scary people. Let's all hope this turns out for the best.
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Old 08-23-2004, 04:30 AM   #2
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do you have a link or something as to where we can send our opinions on all of this?
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Old 08-23-2004, 04:33 AM   #3
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Quote:
Originally posted by MissMiranda
do you have a link or something as to where we can send our opinions on all of this?
Here's an example of how another producer did it:

http://www.xbiz.com/article_piece.php?cat=40&id=4864
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Old 08-23-2004, 04:35 AM   #4
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Quote:
Originally posted by MissMiranda
do you have a link or something as to where we can send our opinions on all of this?
And details on the proposals are here:

http://my.execpc.com/~xxxlaw/2257Table.htm
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Old 08-23-2004, 05:10 AM   #5
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http://www.avnonline.com/index.php?P...tent_ID=186841 helped me a lot with my email to the doj
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Old 08-23-2004, 05:35 AM   #6
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Quote:
Originally posted by $pikes
Tomorrow is the final day that any of us can post a comment to the DOJ as to how the proposals will affect our business. After that, I hear the ruling on these proposals could come any day.

SMASHBUCKS is going to add another 100 downloadable MPG sets and hosted galleries and more free hosting servers today for our classic porn as it's 2257 exempt (produced before 1991) in anticipation of any serious hammer coming down after tomorrow.
I apologize for my ignorance, but how can they start enforce the regulations tomorrow? Don't they need to be passed by the senate, house of representatives or something at first?
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Old 08-23-2004, 10:49 AM   #7
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Quote:
Originally posted by Jeppe
I apologize for my ignorance, but how can they start enforce the regulations tomorrow? Don't they need to be passed by the senate, house of representatives or something at first?
If you find anything about that... please post it here, I havent been following the 2257 stuff, but i`m sure that if it goes to the House, Senate, etc - it will pass overwhelmingly because of the general negative view on Porn, despite freedom of speech.
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Old 08-23-2004, 10:52 AM   #8
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Quote:
Originally posted by Jeppe
Don't they need to be passed by the senate, house of representatives or something at first?
no, they don't
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Old 08-23-2004, 10:55 AM   #9
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Quote:
Originally posted by Carlito
If you find anything about that... please post it here, I havent been following the 2257 stuff, but i`m sure that if it goes to the House, Senate, etc - it will pass overwhelmingly because of the general negative view on Porn, despite freedom of speech.
It doesnt have to go to the house or senate. Its Johnny A's decision how it goes. After they post the final regs we have 30 days to comply I have been told. Also if anyone is surprised by the response the lawyer gave to JD. We are seen as scum and if fear of personal info makes models quit the biz or never go into it that makes them happy. It will go to court and thats when the fun will start.
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Old 08-23-2004, 12:17 PM   #10
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Quote:
Originally posted by Jeppe
I apologize for my ignorance, but how can they start enforce the regulations tomorrow? Don't they need to be passed by the senate, house of representatives or something at first?
I'm not sure but I believe anything is possible with these people.
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Old 08-23-2004, 12:21 PM   #11
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Originally posted by tony404
It doesnt have to go to the house or senate. Its Johnny A's decision how it goes. After they post the final regs we have 30 days to comply I have been told. Also if anyone is surprised by the response the lawyer gave to JD. We are seen as scum and if fear of personal info makes models quit the biz or never go into it that makes them happy. It will go to court and thats when the fun will start.
I didnt say it HAS to go thru there, but thanks for the comments.
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Old 08-23-2004, 12:25 PM   #12
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The best thing to do is to be prepared as in any defensive position that you are placed into.

There are alot of people that want adult gone from the net and will make it their life's mission to do so.

The ideal plan is to be one step ahead by being on the ball and as organized as you can be when confronted with these requirements. If all is in order, you can concentrate on growing your business to the fullest potential

Government Regulations are a part of many other industries out there today and just another way to weed out those that can adapt and survive from those that can?t adapt and will die as a result of refusing to see the changes ahead.
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Old 08-23-2004, 12:52 PM   #13
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Agreed Herb.. good post
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Old 08-23-2004, 01:09 PM   #14
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As mentioned above., these are regulations promulgated by the DOJ. The law was passed by Congress in 1992. These changes to the regulations do not have to go through any kind of vote. The become enforceable 30 days after the second publishing in the Federal Record. Here are some things you can do

1) Post your comments with the DOJ. You've got a little over 24 hours. Comments can be presented at http://comments.regulations.gov/EXTE...ketID=04-13792

Not sure what to say? Steal some canned comments from some attorneys http://www.avnonline.com/index.php?P...tent_ID=186841 or from me http://www.2257.com/draft_letter.htm

2) Take the 2257 survey http://www.2257.com/survey

3) Get Bush out of Office. Grab a banner at http://www.bushorbush.com No need to link, just put the damn banner up and get your members to help defeat W.
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Old 08-23-2004, 01:17 PM   #15
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I'm sure this can affect this industry in a good way too . Small un-organized guys won't be able to keep up with the game . The big guy will get more organised and the industry more stable .

But I agree for the single girl sites, it could put them in danger .
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Old 08-23-2004, 02:26 PM   #16
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Quote:
Originally posted by Imageauction
As mentioned above., these are regulations promulgated by the DOJ. The law was passed by Congress in 1992. These changes to the regulations do not have to go through any kind of vote. The become enforceable 30 days after the second publishing in the Federal Record. Here are some things you can do

1) Post your comments with the DOJ. You've got a little over 24 hours. Comments can be presented at http://comments.regulations.gov/EXTE...ketID=04-13792

Not sure what to say? Steal some canned comments from some attorneys http://www.avnonline.com/index.php?P...tent_ID=186841 or from me http://www.2257.com/draft_letter.htm

2) Take the 2257 survey http://www.2257.com/survey

3) Get Bush out of Office. Grab a banner at http://www.bushorbush.com No need to link, just put the damn banner up and get your members to help defeat W.

Good call Imageauction.
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Old 08-24-2004, 12:04 AM   #17
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I want your opinions since I am a single girl site.

If I were to join a network of sites would they be legaly able to be my custodial of records?
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Old 08-24-2004, 01:45 AM   #18
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You need to get qualified legal opinion - do you really want to bet you're freedom on the information you get on THIS board?

But if you do want to bet your freedom then if you shoot your own content then you're the producer and you have to list yourself under your real name and at your real address .

However, I am not legally qualified to give you such advice so give it the weight that it deserves.
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Old 08-24-2004, 01:46 AM   #19
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bump
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Old 08-24-2004, 05:31 AM   #20
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Some info:

my 2257 summary (current and new):
http://www.2257lookup.com/2257Summary.html


my running FAQ:
http://www.2257lookup.com/2257ForWebmasters.html



-brandon
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Old 08-24-2004, 06:42 AM   #21
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I appreciate the comments made by you guys.

I don't want to bother you, but would appreciate if you know the answers to these questions:

1) Our company is based in Denmark, Europe, but the server is in the US. Would the 2257 records have to be kept somewhere in the US or is it enough if we keep them somewhere in Denmark?

2) When these guys decide which sites they want to go after, what do they base it upon? I mean personal vendettas, random picked sites or what?

3) I assume it will not be enough to link to the content producers' 2257 statement (which is the most fucked up thing about this IMHO), but will it be better to do that, than doing nothing? Or do they don't care as long as you don't comply 100%?

Does anybody know a good lawyer, who knows these kind of things, who we can contact online?

Thanks!
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Old 08-24-2004, 07:51 AM   #22
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Quote:
Originally posted by Jeppe
1) Our company is based in Denmark, Europe, but the server is in the US. Would the 2257 records have to be kept somewhere in the US or is it enough if we keep them somewhere in Denmark?
Living in Denmark, US law is not applicable to you, the only risk you face is violating a revised or existing TOS agreement with your host should they have clauses in relation to 2257 & US law compliance.
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Old 08-24-2004, 08:14 AM   #23
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Living in Denmark, US law is not applicable to you, the only risk you face is violating a revised or existing TOS agreement with your host should they have clauses in relation to 2257 & US law compliance.
Thanks for your answer, however I think that the fact that our server is located in the US forces ud to comply with the law. That is also what our Danish lawyer told us, however he wasn't an expert on the area.
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Old 08-24-2004, 08:16 AM   #24
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Originally posted by $pikes
The lawyer's reply... "what makes you think we care?"
Holy Shit.. What was everyone's reaction?
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