Tube Site Opportunities

I thought user submitted content were exempt from 2257?
WG

Hey WG,
I think I read this phrase about 200 times in the new proposed regulations

"The Department does not accept this comment"

http://edocket.access.gpo.gov/2008/pdf/E8-29677.pdf

I'll try to find the exact paragraphs as I am going through this now for the 2nd time.

In looking through this Dept of Justice report, you can make a case for it to mean that they are requiring the person who uploads the image/video to the tube site to put up the disclosure notice, but how many people, if any, do that? That I believe will impact the tube site's ability to allow the content to remain.

Um.... just because some user does not know the laws, nor a tube site offers up a disclosure, does not make it legal.

Leave the 'legal hot tips' to lawyers, and your opinions where they belong eh toots?

Good! tubes should be shut down! they suck and they are ennoying!

a lot of them don't even operate in the U.S. so this whole thread is pretty much pointless

I always leave the legal to lawyers, and my opinions on 2257 may be more than you are capable of understanding at this point. The opportunity is there now for legal tube sites, as the DOJ gets its hands around this issue. If you actually read it,you will see they have done a pretty good job of in the big scope of thngs and have at least set some groundwork for the issue of non-compliance.

The big tube sites being offshore? That not the case. Go ask Choopa which ones they host.

And as for my opinions, Tootsie, you can't help everyone.

Please read below to stay informed on the latest in 2257 and how it impacts you.

Thanks

Tube Sites Likely Liable Under Revised 2257 Provisions, Attorney Says
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By Slav Kandyba
Friday, Dec 19, 2008 Text size:
LOS ANGELES — The newly released 2257 revisions may make tube sites legally liable if the content they promote is being distributed for commercial gain.

“If it's user-generated material in which the site doesn’t control the content, the site nevertheless is a distributor,” noted adult industry attorney Gregory Piccionelli told XBIZ.

Separately, Piccionelli questioned how the small text on mobile-based adult sites would be affected by the new 2257 rules. With the revised legislation requiring, at the minimum, a hyperlink to a disclosure statement, it may create problems for businesses operating in the mobile market, Piccionelli said.

But BustBox.com founder Harvey Kaplan said his mobile-optimized site, BustBox.mobi, already contains a hyperlink at the bottom of each page that leads to a third page that contains the necessary label.

With respect to the user-generated content, Kaplan said he generally avoids it to prevent running afoul of the rules.

“There’s no way to track the user-generated content backwards to the original producer and get 2257 data from them,” Kaplan said.

Although 2257 revisions introduced this week are expected to become policy on the day President-elect Barack Obama is sworn in, whether they will be enforced — and how — is a matter of speculation across the industry.

Piccionelli said he expects very little obscenity prosecution resulting out of 2257 violations will occur under the Obama administration, because the officials in it are more likely to focus on child pornography and legislation for filtering content.

Who fills the top position at the Justice Department will determine the effect on the adult industry, according to Piccionelli. Obama’s choice to fill that slot, Eric Holder, “seemed comfortable with the idea of prosecuting obscenity” when he worked at the Justice Department toward the end of the Clinton administration.

“A lot of people in the blogosphere have opined that Holder may not be very friendly to the adult industry,” Piccionelli said. “I don’t think there’s any great cause for concern that Holder will prosecute obscenity cases.”

Tube sites are the DEVIL! :