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Old 06-07-2005, 10:28 AM   #1
crockett
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lawyer talk 2257

I have a appointment set up to talk to a lawyer about the 2257 issues.

I have a pretty good handel on whats needed but I'm still unclear on this part as what "is" considered sexually explicit . In the original 2257 it was outlined by 2256..

from 2256
2) ?sexually explicit conduct? means actual or simulated?
(A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(B) bestiality;
(C) masturbation;
(D) sadistic or masochistic abuse; or
(E) lascivious exhibition of the genitals or pubic area of any person;



Well it was brought to my attention in the lightspeed 2257 thread, that this was changed in the new 2257.

To be exact my question is about section {H} of the new 2257
(h) As used in this section?
(1) the term ?actual sexually explicit conduct? means actual but not simulated conduct as defined in subparagraphs (A) through (D) of paragraph (2) of section 2256 of this title;


So it seems section E is no longer relevant in the new 2257 requirements. (lascivious exhibition of the genitals or pubic area of any person).

Of course I'm going to be talking to my lawyer on this, but IMO that is going to allow full nudes as long as there is no touching of the genital areas. So in theory as long as there is no penetration that means there should be no 2257 documents required right? I'm even talking this as the girl can be grabbing her tits as being exempt from the 2257.

But in theory if the sites are fully softcore with no penetration it seems there is no need for any 2257 info at all.

Your thoughts? Anyone care to share what their lawyers comments are on this subject?
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Old 06-07-2005, 11:16 AM   #2
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FSC lawyers take on it,

http://www.freespeechcoalition.com/p...esentation.pdf

Page 4, they seem to have noticed the same thing, it is seemingly left out of the definition... intensionally or by mistake?
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Old 06-07-2005, 11:32 AM   #3
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Hey Crocket,

Can you hit me up on ICQ? 119968011
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Old 06-07-2005, 11:32 AM   #4
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It defines "actual sexually explicit conduct".
Focus on genitals is still "sexually explicit conduct", but not "actual".

Thats how I read it.
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Old 06-07-2005, 11:35 AM   #5
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it's confusing
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Old 06-07-2005, 11:39 AM   #6
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hmmmmm............... I don't get it
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Old 06-07-2005, 12:26 PM   #7
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"simulated" is left out because of obvious reasons..

But the fact that (E) is left out, is new to me.. That could ease things up a little...
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Old 06-07-2005, 12:28 PM   #8
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better to be safe than sorry. i would include it.
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Old 06-07-2005, 12:44 PM   #9
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Anyone have a link where it says this? There must be a revised copy of the new 2257 somewhere, because the one I'm looking at doesn't reference 2256 at all.
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Old 06-07-2005, 12:53 PM   #10
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I´m gonna start tracking down domains that doesnt comply with 2257 and report them to the proper authorities to get ride of competition. You fuckers are going down! Muhahahahaha
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Old 06-07-2005, 01:04 PM   #11
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Quote:
Originally Posted by ModelPerfect
Anyone have a link where it says this? There must be a revised copy of the new 2257 somewhere, because the one I'm looking at doesn't reference 2256 at all.
It's there read section H

http://straylight.law.cornell.edu/us...7----000-.html
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Old 06-07-2005, 01:34 PM   #12
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Quote:
Originally Posted by the real magoo
I´m gonna start tracking down domains that doesnt comply with 2257 and report them to the proper authorities to get ride of competition. You fuckers are going down! Muhahahahaha

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Old 06-07-2005, 01:51 PM   #13
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Quote:
Originally Posted by Dirty Dane
It defines "actual sexually explicit conduct".
Focus on genitals is still "sexually explicit conduct", but not "actual".

Thats how I read it.
This is how i read it too. I am so glad that Iam not in law school, this shit would kill me. Everything is open to interpretation; there is no black and white.

Last edited by phogirl69; 06-07-2005 at 01:52 PM..
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Old 06-07-2005, 01:54 PM   #14
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Like the Patriot Act I think much of the current crop of regulations are intentionly being written unclear to allow wide use.
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Old 06-07-2005, 02:03 PM   #15
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Quote:
Originally Posted by crockett
Release date: 2004-08-06

Isn't that the current one...not the one coming up?
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Old 06-07-2005, 02:17 PM   #16
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i would also ask him the definition of secondary producer in regards to your field

the word "publsih" is used to describe a secondary producer

so it could apply as well.

i wonder about designers too.
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Old 06-07-2005, 02:21 PM   #17
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Quote:
Originally Posted by ModelPerfect
Release date: 2004-08-06

Isn't that the current one...not the one coming up?
Nope thats the new proposed one. Of course we still dont know what the new ACTUAL FINAL one is, I *think* (maybe wrong, if so someone should be kind enough to post the URL? Thanks).
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Old 06-07-2005, 02:22 PM   #18
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E is excluded in the law, always has been.
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Old 06-07-2005, 02:46 PM   #19
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Quote:
Originally Posted by FleshJoe2005
Nope thats the new proposed one. Of course we still dont know what the new ACTUAL FINAL one is, I *think* (maybe wrong, if so someone should be kind enough to post the URL? Thanks).
I'm not so sure.
http://freespeechcoalition.com/pdf/70FR29607%202%20.pdf
I don't find any reference to 2256 or an exclusive of (E). PLEASE, if anyone can provide a reference that says such, please post it. I would love clarification on this issue.
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Old 06-07-2005, 02:48 PM   #20
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Quote:
Originally Posted by Lensman
E is excluded in the law, always has been.
Thanks for the input, Lens. I'd love to see a reference saying that...the law is one area I don't like to take chances with.
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Old 06-07-2005, 02:48 PM   #21
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Quote:
Originally Posted by Lensman
E is excluded in the law, always has been.

There is no E anymore.

Paragraph 2 of 2256 ony has A - B
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Old 06-07-2005, 02:58 PM   #22
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and what was A thru D is now included all under A in roman numerals I - V
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