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-   -   Do you think that the new 2257 will in fact be enforceable? (https://gfy.com/showthread.php?t=475328)

DVTimes 06-01-2005 05:10 PM

Quote:

Originally Posted by ronaldo
That's GREAT in theory, but remember that the original 2257 came into place because of Traci Lords and her GOVERNMENT ISSUED ID. They were more at fault than ANYONE who shot her.

The government doesn't want to take ANY responsibility for that happening again, including a government controlled modelling agency.

When they found they couldn't prosecute anyone for shooting underage models in our industry under the old 2257, because NOONE legitimate would knowingly do so, they had to come up with a new way to control our industry.

Hence the NEW 2257.

What drivel.

The new law has been set up to make life a pain for USA webmasters/porn makers.

Have you never looked at the history of porn in the USA and the law?

DVTimes 06-01-2005 05:14 PM

Quote:

Originally Posted by aico
Honestly, I think it will take a couple of cases and then the Gov't will be so fucking overwhelmed with all the paperwork and man hours required to actually go thru it all and verify it all, they won't have the money nor manpower to get the job done.

Can you imagine if they ask a site like Cumfiesta for all it's documentation? I would die laughing when the fucking truck drops all that paper work off on some poor shmucks desk...

"Here you go asshole, Multiple IDs of every girl we every shot, plus all the releases, etc, etc, etc..."

And they will need to trace each model to make sure the ID is not fake.

That will be fun, especially if she has moved, and you have to find her new address.

What if she has given up modelling and denies ever doing it (say she is now a teacher).

mardigras 06-01-2005 05:15 PM

Quote:

Originally Posted by aico
Honestly, I think it will take a couple of cases and then the Gov't will be so fucking overwhelmed with all the paperwork and man hours required to actually go thru it all and verify it all, they won't have the money nor manpower to get the job done.

Can you imagine if they ask a site like Cumfiesta for all it's documentation? I would die laughing when the fucking truck drops all that paper work off on some poor shmucks desk...

"Here you go asshole, Multiple IDs of every girl we every shot, plus all the releases, etc, etc, etc..."

And a prosecutor would never go through all that paperwork if they really wanted a conviction. :1orglaugh :1orglaugh :1orglaugh

Took Tom Sneddon over a decade to get Michael Jackson. I bet he would have spent another decade and probably will if for some reason he failed this time. You guys that want to blow off the capabilities and desires of the law fail to take into consideration the activism factor. :2 cents:

Babagirls 06-01-2005 05:17 PM

Quote:

Originally Posted by NichePay - StuartD
My guesstimate would be that we wouldn't hear anything until the DOJ goes after it's first big dog and that big dog would turn around and fight it out in court citing that the new regulations are too vague.

That's when things would get cleared up real fast and the hammer would fall immediately after that.

either thats going to happen OR...

Quote:

Originally Posted by allanuk
small site owners that will be targeted first as it will be easer to prosecute them rather than the big firms who can afford legal fees..

thats gonna happen.

DVTimes 06-01-2005 05:19 PM

You know if I was a webmaster in the USA I would find a friend who lives outside the USA, then put everything in his name. Then simply get him to send you a check each month for whatever profit the site has made.

This way, you are not responsible.

Make life easy for yourself.

mardigras 06-01-2005 05:20 PM

Quote:

Originally Posted by allanuk
OK. Must admit I do not know much about the DOJ.

It's apparent.
Quote:

Originally Posted by allanuk
But I cannot see them have any more power outside the USA than the FBI.

This is a USA law.

In the UK you can have sex at 16, and drink at 18. In the USA I know its much older. You will be saying next that all 16 year olds in the UK will be sent over to the USA for having sex under 18.

Ask IndyMedia in London who seized a whole network's servers because of the suspected activities of a couple of "terror suspects".

FleshJoe2005 06-01-2005 05:20 PM

Quote:

Originally Posted by allanuk
No.

All you do is make up a name for the model, and say you shot her in 1980. Its up to the FBI or whoever to prove otherwise.

HAHA...

Lets say you're lazy or simply dont want to publish your home address -- you're a part time webmaster, right? -- so lets say you have FTVgirls content, lets say for sake's argument you have a Lia gallery. OK now the feds pull you before a judge and you claim oh Lia? I shot her in 1980.. OK the fed agent goes to the judge's computer and they pull up Lia's website and she says she's 19 now (a lie but never mind that). OK so whats the result? Not only you end up in the slammer for not complying with the 2257 regs, you also get a few added charges like lying under oath (2 years), obstruction of justice (3 years), evidence tampering (2-3 years), wire fraud (5 years), and so on and on and on...

I wouldnt try that if I were you.

mardigras 06-01-2005 05:26 PM

Quote:

Originally Posted by allanuk
small site owners that will be targeted first as it will be easer to prosecute them rather than the big firms who can afford legal fees..
Quote:

Originally Posted by Babagirls
thats gonna happen.

Sounds more impressive on the news and has more effect if you can say 1000 porn slingers were shut down (even if in truth they were a couple sales a month guys) than to take down a single one the size of The Hun.

DVTimes 06-01-2005 05:26 PM

I think most of you have not thought about this too much. The ones who are going to have BIG problems are the DVD porn firms. Many will have shot non USA models, and those USA models they have shot, they may not have the correct paperwork for.

Unlike a webmaster who can simply take the model of the site, what do porn DVD makers do when they have made several thousand copies and are in the shops world wide.

Unless they remove these from the shops, they will (unless I have read it wrong) be breaking the law.

L-Pink 06-01-2005 05:27 PM

Trust me Judge, I shot this digital content in 1980.

Idea: Develop a "add 1980's bush" feature to Photoshop .....

DVTimes 06-01-2005 05:28 PM

Quote:

Originally Posted by FleshJoe2005
HAHA...

Lets say you're lazy or simply dont want to publish your home address -- you're a part time webmaster, right? -- so lets say you have FTVgirls content, lets say for sake's argument you have a Lia gallery. OK now the feds pull you before a judge and you claim oh Lia? I shot her in 1980.. OK the fed agent goes to the judge's computer and they pull up Lia's website and she says she's 19 now (a lie but never mind that). OK so whats the result? Not only you end up in the slammer for not complying with the 2257 regs, you also get a few added charges like lying under oath (2 years), obstruction of justice (3 years), evidence tampering (2-3 years), wire fraud (5 years), and so on and on and on...

I wouldnt try that if I were you.


Well I am in the UK so it does not matter to me.

GatorB 06-01-2005 05:29 PM

Quote:

Originally Posted by allanuk
No.

All you do is make up a name for the model, and say you shot her in 1980. Its up to the FBI or whoever to prove otherwise.

yes because they find the original prodcuer of your content and they WILL have the proper docs showing it WASN'T made in 1980. Good luck withthat.

GatorB 06-01-2005 05:30 PM

Quote:

Originally Posted by allanuk
Well I am in the UK so it does not matter to me.

then stop giving out bad legal advice you limey moron.

DVTimes 06-01-2005 05:31 PM

Quote:

Originally Posted by L-Pink
Trust me Judge, I shot this digital content in 1980.

Idea: Develop a "add 1980's bush" feature to Photoshop .....

Its down to them to prove otherwise.

Yes, you know its not been shot in 1980 and so do they. But they have to prove it. Thats not going to be easy, and it will cost money.

This is my point. Its not going to be easy. Its going to cost a lot. Its going to take up a lot of time.

And the result will not stop child porn, or indeed make any diffence to child porn.

In fact these twits will spend all the time chasing asfter webmasters that they will spend less time on chasing after those who do child porn.

DVTimes 06-01-2005 05:33 PM

Quote:

Originally Posted by GatorB
yes because they find the original prodcuer of your content and they WILL have the proper docs showing it WASN'T made in 1980. Good luck withthat.

Not if you shot the model yourself.

But this is just a point I am making, to show its not going to be easy to go after webmasters.

GatorB 06-01-2005 05:34 PM

Quote:

Originally Posted by allanuk
You know if I was a webmaster in the USA I would find a friend who lives outside the USA, then put everything in his name. Then simply get him to send you a check each month for whatever profit the site has made.

This way, you are not responsible.

Make life easy for yourself.

And when he doesn't send you a check? There's and old saying about friends and money. And another one about a fool and his money.

Hey here's a novel idea, why not just fucking comply? Seems a lot simpler than your retarded ideas.

Babagirls 06-01-2005 05:34 PM

Quote:

Originally Posted by mardigras
Sounds more impressive on the news and has more effect if you can say 1000 porn slingers were shut down (even if in truth they were a couple sales a month guys) than to take down a single one the size of The Hun.

ya, but at the same time, the 'public' has no clue what 2257 is and i highly doubt the DOJ would want to make it public. the only ones that the news of 1,000 webmasters getting shot down would be people already in this industry.

GatorB 06-01-2005 05:34 PM

Quote:

Originally Posted by allanuk
Not if you shot the model yourself.

But this is just a point I am making, to show its not going to be easy to go after webmasters.

Um if you have been shooting models you have had to follow these 2257 laws for about a dozen years already. Idiot!

GatorB 06-01-2005 05:36 PM

Quote:

Originally Posted by Babagirls
ya, but at the same time, the 'public' has no clue what 2257 is and i highly doubt the DOJ would want to make it public. the only ones that the news of 1,000 webmasters getting shot down would be people already in this industry.

Point is if a 100 small time webmasters got busted how many 1000's would then quit. The general public may not know or even care but WE will know if this happens.

FleshJoe2005 06-01-2005 05:38 PM

Quote:

Originally Posted by allanuk
Well I am in the UK so it does not matter to me.

Yeah I just read this thread again and you made it abundantly clear, dunno how I could have missed :)

BUT... US adult webmasters are in a deep shit situation, my word.

Looks like we're going back to text link lists or some such form, real soon now.

Babagirls 06-01-2005 05:38 PM

Quote:

Originally Posted by GatorB
The general public may not know or even care but WE will know if this happens.

thats what i said.

FleshJoe2005 06-01-2005 05:40 PM

Quote:

Originally Posted by allanuk
Its down to them to prove otherwise.

Yes, you know its not been shot in 1980 and so do they. But they have to prove it. Thats not going to be easy, and it will cost money.

This is my point. Its not going to be easy. Its going to cost a lot. Its going to take up a lot of time.

And the result will not stop child porn, or indeed make any diffence to child porn.

In fact these twits will spend all the time chasing asfter webmasters that they will spend less time on chasing after those who do child porn.

You still seems to think this is about CP. Get off that already... Its about shrinking the US porn industry, getting webmasters out of the biz, and stopping piracy, all in one nice big bang.

If the regulation stands as its written, it *will* accomplish those goals.

DVTimes 06-01-2005 05:42 PM

The way I see it is this.

1. Its not going to be easy to go through all the paperwork and find each model. If the model has moved or worse still denies modelling (say she is a teacher).

2. Those who make DVD porn will have to pull the stock from the shelves if they shot a non USA model.

3. All this time hunting down webmasters for silly paperwork, could be spent actually hunting down those who do child porn.

4. Some webmasters may go underground. No I do not mean doing child porn, but simply not paying tax and moving the sites outside the USA and changing the details so when you do a whois, it gives a non USA address. OK, its still possible to trace it back to the USA webmaster, but much harder. And so less tax will be paid too.

5. Some models may not want to model anymore, as they will not want the thought of years later when they have given up modelling, to have a nice chap knock on there door, asking her husband if the porn star is in, to check her details.

6. Its going to be unfair in business if non USA webmasters can get away with stuff USA webmasters cannot.

FleshJoe2005 06-01-2005 05:42 PM

Quote:

Originally Posted by GatorB
And when he doesn't send you a check? There's and old saying about friends and money. And another one about a fool and his money.

Hey here's a novel idea, why not just fucking comply? Seems a lot simpler than your retarded ideas.

Lets see:

* You cant use overseas content because the producer will give you the middle finger, so thats out
* You cant use US produced content if it doesnt come with a copy of every model's driver license and home address, good luck getting that out of sponsors.
* The rules are written in such a way that you have to hire a database programmer to implement all of the various cross indexes they require

Basically if you comply you're fucked if you dont you're fucked, conclusion --> you're fucked :)

DVTimes 06-01-2005 05:46 PM

Quote:

Originally Posted by FleshJoe2005

Basically if you comply you're fucked if you dont you're fucked, conclusion --> you're fucked :)


Only for USA webmasters.

FleshJoe2005 06-01-2005 05:47 PM

Quote:

Originally Posted by allanuk
Only for USA webmasters.

OK so sounds like you agree with me this is not about CP, its about fucking the US porn industry.

DVTimes 06-01-2005 05:50 PM

Quote:

Originally Posted by GatorB
And when he doesn't send you a check? There's and old saying about friends and money. And another one about a fool and his money.

Hey here's a novel idea, why not just fucking comply? Seems a lot simpler than your retarded ideas.

All I am saying is that SOME webmasters will get around it.

Its up to you at the end of the day.

I would not be surprised if some hosts not only set up outside the USA, but for a % would have in in there name, and simply send you a check.

There will be lots of attempts to get around this.

All will make life harder for those who prosecute.

DVTimes 06-01-2005 05:53 PM

Quote:

Originally Posted by FleshJoe2005
OK so sounds like you agree with me this is not about CP, its about fucking the US porn industry.

Yes I do, if you read my posts I have said this.

The only reason I point out CP is that some webmasters have said it was about CP.

The history of porn in the USA shows many many attempts to stop porn, and all have failed.

I am not up-to-date with USA law, but from what I remember porn has never been legalised in the USA, its just that its not illegal (due to the freedom of speech act).

SykkBoy 06-01-2005 05:56 PM

Quote:

Originally Posted by allanuk
The way I see it is this.

1. Its not going to be easy to go through all the paperwork and find each model. If the model has moved or worse still denies modelling (say she is a teacher).

2. Those who make DVD porn will have to pull the stock from the shelves if they shot a non USA model.

3. All this time hunting down webmasters for silly paperwork, could be spent actually hunting down those who do child porn.

4. Some webmasters may go underground. No I do not mean doing child porn, but simply not paying tax and moving the sites outside the USA and changing the details so when you do a whois, it gives a non USA address. OK, its still possible to trace it back to the USA webmaster, but much harder. And so less tax will be paid too.

5. Some models may not want to model anymore, as they will not want the thought of years later when they have given up modelling, to have a nice chap knock on there door, asking her husband if the porn star is in, to check her details.

6. Its going to be unfair in business if non USA webmasters can get away with stuff USA webmasters cannot.


Have you EVER been involved in a DOJ investigation? While they are wading through the mountains of paperwork, they freeze your fucking assets, close your doors and you're shut down until otherwise. I know, I know, you're in the UK, it doesn't affect you....or maybe it does...what if the DOJ is going through an affiliate list....your site comes up as sending traffic to that site and there is a missing ID for a specific model...now they go to your local authorities and say "this guy may be involved in a child porn investigation we're doing here." Do you really think your local authorities aren't going to investigate you?

I've worked for a company that had a nasty DOJ investiagtion and let me tell you, it fucking sucks and the company was in the RIGHT, but everyone was broke by the time they proved they were right.

If someone is STUPID enough to lie to these guys, they will get fucked harder then they could ever imagine...they don't like extra work or paperwork, but love to fuck around on YOUR time act like they are working.

Granted, this is a worst case scenario, but I can't think of anyone who wants to even go through this no matter how right they are or think they are. So, it's best for US-based companies to not stick out or bring in any unwanted attention of the authorities. Just surfing some of the bigger TGP sites, it's easy to see companies that aren't even in compliance with CURRENT regulations.

mardigras 06-01-2005 05:56 PM

Quote:

Originally Posted by Babagirls
ya, but at the same time, the 'public' has no clue what 2257 is and i highly doubt the DOJ would want to make it public. the only ones that the news of 1,000 webmasters getting shot down would be people already in this industry.

Why would they have to say anything about 2257? On the news 1000 porn slingers violating US laws were shut down. Most people would relate that to the assholes spamming their e-mail.

GatorB 06-01-2005 05:57 PM

Quote:

Originally Posted by allanuk
The way I see it is this.

1. Its not going to be easy to go through all the paperwork and find each model. If the model has moved or worse still denies modelling (say she is a teacher).

They aren't going to be looking for themodels. They are checking to see if YOU have the proper paperwork. If your paperwork says she's 18 then that's it. You still don't get it. They know porn models are over 18. They are hoping to bust webmasters for non-compliance. And thus scaring the rest out of business.


Quote:

3. All this time hunting down webmasters for silly paperwork, could be spent actually hunting down those who do child porn.
Or terrorists

Quote:

4. Some webmasters may go underground. No I do not mean doing child porn, but simply not paying tax and moving the sites outside the USA and changing the details so when you do a whois, it gives a non USA address. OK, its still possible to trace it back to the USA webmaster, but much harder. And so less tax will be paid too.
Most US webmastera r part time guys that make less $1000 a month. They aren't going to move out of the US. The bigger guys are complying and are not going to take your retraded advice.

Quote:

5. Some models may not want to model anymore, as they will not want the thought of years later when they have given up modelling, to have a nice chap knock on there door, asking her husband if the porn star is in, to check her details.
Man you are stupid. Did you even read the regs. The feds are not going to go after models. And trust me if a girl did porn and if hubby finds out it won't be because of some US federal agent.

Quote:

6. Its going to be unfair in business if non USA webmasters can get away with stuff USA webmasters cannot.
Non-US webmaster are going to be in for a bit of a shock if they think they can simply get away with non-compliance if they still sell their stuff to the US market. That's assuming the DOJ even gets serious and actually checks for compliance.

kernelpanic 06-01-2005 06:00 PM

This vagueness is why I'm putting my new project on hold until either an injunction is reached, or the laws are clarified in court. If that looks not to happen swiftly, I'll make the decision on how to comply then.

GatorB 06-01-2005 06:01 PM

Quote:

Originally Posted by FleshJoe2005
Lets see:

* You cant use US produced content if it doesnt come with a copy of every model's driver license and home address, good luck getting that out of sponsors.

First of all the regs don't say you have to have her home address. They want a picture of her and a date of birth on an official goverment document. And if a sponsor is giving me free content they HAVE to give me the proper docs. Otherwise THEY are breaking the law. Try reading the regs.

Quote:

* The rules are written in such a way that you have to hire a database programmer to implement all of the various cross indexes they require
No you don't. Ever heard of a spreadsheet?

kernelpanic 06-01-2005 06:02 PM

Quote:

Originally Posted by GatorB
Non-US webmaster are going to be in for a bit of a shock if they think they can simply get away with non-compliance if they still sell their stuff to the US market. That's assuming the DOJ even gets serious and actually checks for compliance.

If their host, registrar, and sponsor/payment processor are all out of the US, there is nothing the DOJ can do. Besides, there will be plenty of non-compliant US webmasters who make easy targets of themselves, once the wave of enforcement begins.

mardigras 06-01-2005 06:04 PM

Quote:

Originally Posted by allanuk
Its down to them to prove otherwise. This is my point. Its not going to be easy. Its going to cost a lot. Its going to take up a lot of time.

Are you daft? We are talking about a government that has spent billions in the last decade prosecuting marijuana... most cases minor possession .
Quote:

Originally Posted by allanuk
And the result will not stop child porn, or indeed make any diffence to child porn.

The only thing you've said in this thread that makes sense.

DVTimes 06-01-2005 06:05 PM

Quote:

Originally Posted by GatorB
They aren't going to be looking for themodels. They are checking to see if YOU have the proper paperwork. If your paperwork says she's 18 then that's it. You still don't get it. They know porn models are over 18. They are hoping to bust webmasters for non-compliance. And thus scaring the rest out of business.




Or terrorists



Most US webmastera r part time guys that make less $1000 a month. They aren't going to move out of the US. The bigger guys are complying and are not going to take your retraded advice.



Man you are stupid. Did you even read the regs. The feds are not going to go after models. And trust me if a girl did porn and if hubby finds out it won't be because of some US federal agent.



Non-US webmaster are going to be in for a bit of a shock if they think they can simply get away with non-compliance if they still sell their stuff to the US market. That's assuming the DOJ even gets serious and actually checks for compliance.

To make it have any point, you would need to contact at least some models to ensure that the ID is not fake.

Just because they are not going to seek the models now, does not mean later they will not.

This is for several reasons.

1. To ensure the ID is not faked (by the webmaster).
2. To ensure that the model was not on drugs or forced into the shoot.
3. To ensure the model did not fake the ID.

GatorB 06-01-2005 06:06 PM

Quote:

Originally Posted by kernelpanic
If their host, registrar, and sponsor/payment processor are all out of the US, there is nothing the DOJ can do. Besides, there will be plenty of non-compliant US webmasters who make easy targets of themselves, once the wave of enforcement begins.

As some here point out all the DOJ has to say to another government is that so and so in their country MAY be involved in CP. Other countries DO in fact help the US in CP investigations. Of course the US government would never ever LIE about something to get it's way would it?

DVTimes 06-01-2005 06:08 PM

Quote:

Originally Posted by mardigras
Are you daft? We are talking about a government that has spent billions in the last decade prosecuting marijuana... most cases minor possession .The only thing you've said in this thread that makes sense.

No I am not being daft.

Its down to them to prove your guilt.

kernelpanic 06-01-2005 06:08 PM

Quote:

Originally Posted by GatorB
As some here point out all the DOJ has to say to another government is that so and so in their country MAY be involved in CP. Other countries DO in fact help the US in CP investigations. Of course the US government would never ever LIE about something to get it's way would it?

Oh, I have no doubt that the DOJ can get almost any adult site shut down, whether through legal means, or continued harassment.

The point behind my statement is that non-US webmasters are much, much harder to take down for the DOJ, especially if that site is fully compliant with its country's laws. Why would the DOJ waste all the effort of international prosecution/harassment, when there will be plenty of noncompliant Americans to arrest.

GatorB 06-01-2005 06:09 PM

Quote:

Originally Posted by allanuk
To make it have any point, you would need to contact at least some models to ensure that the ID is not fake.

Did you even read the regs? Obviously not. The DOJ has said that producers are not required to make sure the models IDs are real or if she is lying. They are not responsible if she does.

Man quit talking about shit you have ZERO clue as to what you are saying. try reading the regs FIRST before mouthing off.


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