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-   -   Affiliate Question -- 2257 Docs & IDs (https://gfy.com/showthread.php?t=923370)

tony286 08-23-2009 08:12 PM

Quote:

Originally Posted by DonovanTrent (Post 16226691)
:2 cents:

I have no problem with age verification and record-keeping, we SHOULD have to do that. But it could be so simple, it's far more draconian than it needs to be.

I agree papers in a simple folder no more. but this was redone to fuck with us nothing more

pornlaw 08-23-2009 08:39 PM

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I dont understand you can be a third party custodian of record but the sponsor of the affiliate cant? Hmmm interesting.
Yes they can...

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Contractual agreement. Check the terms laid out in 2257 for third-party custodians and you'll see. It's actually pretty straightforward if you're used to reading legalese.
And thats how they can...

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I will not host any sponsor content without seeing the docs. The secondary producer does not need to verify the accuracy of the docs, but he must verify that the docs are available and that the sponsor indicates they are accurate.

After I have viewed them or received copies, I will be content to list a sponsor as the custodian of records if there is a written agreement between that sponsor and myself to that effect.

If I have not seen the documents, I do not believe can say I have done my due diligence. Having copies on hand simplifies that issue.
And that is how everyone should be doing it. This is the best advice I have ever seen anyone give on this issue.

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by the way micheal when my office lease is up in a year I will be comin a callin.
Thanks... we will be here waiting for ya.

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I can not believe that good attorneys cant have a field day with this travesty...Its a joke.
This version is going to be even tougher to overturn - even in a lower court ruling. 2257 is not going anywhere anytime soon. They will just keep redrafting it until they out legislate the industry.

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I have to admit.. awesome front page images.... does anyone still use tape reels in their datacenter?
Hahaha... I never noticed that. I will tell Dan to get some stock photographs from at least the 90s to use on the site.

So far no sponsor/program guys in here on this thread. I would love to hear from their side of the equation.

Mr. Billy 08-23-2009 09:08 PM

Quote:

Originally Posted by tony404 (Post 16226672)
I think if affiliates are given info then the signing up to be an affiliate has to become much more involved than it is today.

Tony, as a smaller home webmaster, I totally accept and agree with that, if it is necessary. As it stands I promote porn on the internet. I must understand and comply with certain regulations and I must make myself available to the DOJ, and other regulatory bodies as necessary. I have no objection to allowing a sponsor to know more about me as may be needed and to signing updated agreements to safeguard model ID and other information that may be provided to me in the process of doing business.

The affiliates who may be hurt by this are those who really wanted to operate on a more anonymous basis. And some in this group of webmasters are fly by night or have operations that border on the illegal. Some of these guys give sponsors headaches anyway.

I choose to operate within the law as I understand it, and I signed up to use 2257safe, because even though I keep the records, I prefer the investigations to take place away from my home. I prefer not to have my neighbors see the cars drive up and the men in suits standing outside my door. lol I'm not hiding though. The investigators will be provided with all of my information and of course, if anything is amiss in my record keeping they I assume they would pay me a visit or at least contact me.

As for sponsor content I would like to use, after I have received the documents, the sponsor can contract with me to be the custodian, or I can keep the records in my account at 2257safe.

It is a pretty easy deal to work out.

BSleazy 08-23-2009 09:16 PM

I think most affiliates don't give a shit.

Mr. Billy 08-23-2009 09:24 PM

I need to add here that I do not want to come off as a shill for 2257safe.

To be honest here they are the first sig I have flown here on GFY. I do it because they are new and I might get a few sales out of it and I use them.

As for my posts here on the subject of 2257 they are how I feel as a webmaster.
I am drooling over so much sponsor content that I am honestly afraid to use.

I hope that sponsors listen to me because as a smaller affiliate webmaster, if we can get this worked out I can really do some promotion.

As for 2257safe, you upload the 2257 docs into your account and if there is an investigation, it happens at their office not yours. Their system is designed to keep the records in a manner that makes them easily accessible during an investigation and to help the investigator find the information they are looking for quickly. Thus it is probably better than the systems that many small webmasters would keep at home, and it is quite possibly easier to use than the systems many of the large sponsors currently use at their places of business.

Mr. Billy 08-23-2009 09:26 PM

Quote:

Originally Posted by BCyber (Post 16226849)
I think most affiliates don't give a shit.

From what I see on the web It looks that way. To be honest with you however, I simply do not think many of them are aware of the chance they are taking.

BSleazy 08-23-2009 09:26 PM

No affiliates are going to jail either for not keeping these ridiculous records. This might be used to add more charges on someone being charged or wanted on other shit though.

I'm guessing if you're pushing that real borderline underage type stuff you would want these records though to protect yourself.

Mr. Billy 08-23-2009 09:28 PM

Quote:

Originally Posted by BCyber (Post 16226871)
No affiliates are going to jail either for not keeping these ridiculous records. This might be used to add more charges on someone being charged or wanted on other shit though.

I'm guessing if you're pushing that real borderline underage type stuff you would want these records though to protect yourself.

All you need to do is ask yourself are you ok with what would happen if you are investigated.

If you are comfortable with that then I guess can do as you please.

BSleazy 08-23-2009 09:33 PM

Quote:

Originally Posted by Mr. Billy (Post 16226875)
All you need to do is ask yourself are you ok with what would happen if you are investigated.

If you are comfortable with that then I guess can do as you please.

Where are the docs on the violation penalties?

Profits of Doom 08-23-2009 09:38 PM

Quote:

Originally Posted by BCyber (Post 16226871)
No affiliates are going to jail either for not keeping these ridiculous records. This might be used to add more charges on someone being charged or wanted on other shit though.

I never thought I would go to jail for running porn stores and strip clubs, but I did, many times.

Here's the thing, you are right in that the DOJ is probably never going to target you as an affiliate. They have their hands full just trying to investigate all the content producers if they wanted to go that route.

But I seem to remember you posting quite a few threads about how you have married women taking showers at you place after you banged them. What does that have to do with it, you ask? Well, maybe one of their husband's find out that they are cheating with you. Maybe that same husband also heard that you work in porn because you said something to a friend that he also happens to know.

Let's say that same husband also has a friend that is a cop, and he tells that cop that he heard you deal in underage porn. Sure it's a lie, but it's the pretext the cop needs to show up at you door and say he is on a call investigating underage porn. So what if that cop did his homework, and after looking over your computer he realizes you have been hosting content on your server without proper 2257 documentation? You get arrested, and you suddenly have a world of shit to deal with because you couldn't keep your mouth shut.

Think it can't happen? Think again...don't ever underestimate someone that doesn't like you, or someone that you have done wrong, going out of their way to make your life a living hell, all within the law. It happens all the time, and it has nothing to do with the DOJ investigating a content producer for 2257 records, but it ends up the same way...

BSleazy 08-23-2009 09:47 PM

I'd be out of jail the next day. Whoever fucked up would probably be in more trouble than me for something. They couldn't come in my place and touch my computers with out a warrant either.

I don't run any adult sites anyways... I'm just saying though. I like to argue :)

Mr. Billy 08-23-2009 09:52 PM

Quote:

Originally Posted by BCyber (Post 16226909)
I'm just saying though. I like to argue :)

:1orglaugh

There's nothin wrong if you speak your peace or ask a few questions.

pornlaw 08-23-2009 09:59 PM

Quote:

Originally Posted by BCyber (Post 16226871)
No affiliates are going to jail either for not keeping these ridiculous records. This might be used to add more charges on someone being charged or wanted on other shit though.

I'm guessing if you're pushing that real borderline underage type stuff you would want these records though to protect yourself.

I basically agree with this...its not just borderline underage stuff though, its anything that is on the DOJ/FBI's hit list for obscenity.

Fisting, watersports, any excrement, torture, rape, basically any of the extreme content and I would be worried.

Here's where I dont agree.. if the intent of DOJ/FBI is too screw with the industry then inspecting a primary producer is not going to do it. 27 inspections so far and still no one is paying attention to 2257. The DOJ/FBI knows that DVD is dead. So where are they going next - the internet. I would assume that is why they pushed for secondary producers. No one in the brick and mortar business is a secondary producer except for magazines and they are DOA.

Profits of Doom 08-23-2009 09:59 PM

Quote:

Originally Posted by BCyber (Post 16226909)
I'd be out of jail the next day. Whoever fucked up would probably be in more trouble than me for something. They couldn't come in my place and touch my computers with out a warrant either.

I don't run any adult sites anyways... I'm just saying though. I like to argue :)

I was just pulling a hypothetical situation out of my ass, but in the end you should always cover your own ass, and not depend on a sponsor to have your best interests at heart...

BSleazy 08-23-2009 10:15 PM

Quote:

Originally Posted by pornlaw (Post 16226923)
I basically agree with this...its not just borderline underage stuff though, its anything that is on the DOJ/FBI's hit list for obscenity.

Fisting, watersports, any excrement, torture, rape, basically any of the extreme content and I would be worried.

Here's where I dont agree.. if the intent of DOJ/FBI is too screw with the industry then inspecting a primary producer is not going to do it. 27 inspections so far and still no one is paying attention to 2257. The DOJ/FBI knows that DVD is dead. So where are they going next - the internet. I would assume that is why they pushed for secondary producers. No one in the brick and mortar business is a secondary producer except for magazines and they are DOA.

Right. But, anyone doing "obscene" stuff should be worried for reasons beyond the 2257 thing. They're just looking for trouble anyways.

I'm just saying that the regular stuff isn't going to draw any attention and dam sure not any investigations or charges.


Can you come up with a guesstimate on the number of AFFILIATES that are going to be inspected in the next 2 or 3 years?


My guess would be zero.

DonovanTrent 08-23-2009 10:35 PM

Quote:

Originally Posted by BCyber (Post 16226947)
I'm just saying that the regular stuff isn't going to draw any attention and dam sure not any investigations or charges.

Unless someone decides they want to send a message.

Mr. Billy 08-23-2009 10:37 PM

Quote:

Originally Posted by BCyber (Post 16226884)
Where are the docs on the violation penalties?

You asked about the penalties.

I am not an expert on the regulation, but here is an excerpt of 18 usc 2257 taken from the Cornell University Law School website

I believe it is up to date, but I'm not certain of that.

"Whoever violates this section shall be imprisoned for not more than 5 years, and fined in accordance with the provisions of this title, or both. Whoever violates this section after having been convicted of a violation punishable under this section shall be imprisoned for any period of years not more than 10 years but not less than 2 years, and fined in accordance with the provisions of this title, or both."

Here is the link to the full text of the regulation on their website
http://www.law.cornell.edu/uscode/us...7----000-.html

Also I have heard it said that if you have multiple photos or scenes in violation during the investigation they add up.

I'm not offering this a legal advice here. I am not a lawyer. But speaking for myself, as a webmaster in the USA, I choose to comply. I like to be compliant with the regulations as best as I understand them.

pornlaw 08-24-2009 07:15 AM

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Also I have heard it said that if you have multiple photos or scenes in violation during the investigation they add up.
That is correct. The DOJ/FBI can stack charges with 2257 violations.

Dirty Dane 08-24-2009 07:29 AM

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Originally Posted by tony404 (Post 16226531)
If 911 didn't happen porn would of been job one for Mr Ashcroft. That's why when I hear the right wingers here wanting republicans in power. if there isnt something else to keep them busy we will be seriously fucked on a level most cant imagine.

If there were some similar "2257" requirements before going to war, Bush and co would totally fail.

TheAmericanCannibal 08-24-2009 10:30 AM

There are some great arguments in this thread.
Mr. Billy and Epitome, thanks so much for your support.

I hope that more webmasters who take their business seriously will comply with US law.
Most have no idea they are playing Russian Roulette with their freedom.

Apathy and complacency kill.

One good reason to have our address as your custodian of records is for all these producers who shoot girls with husbands or bf's, I can tell you that I know a producer who got in a LOT of trouble in Santa Monica a few years back with the cops when girls would come to them saying they had been raped.

None were ever raped, they just found their conscience after they deposited their checks and wanted their content removed from his site-

Either way- they didn't find him from the girl supplying his address- they found him from his custodian of records docs...

:2 cents:

pornlaw 08-24-2009 11:50 AM

Quote:

One good reason to have our address as your custodian of records is for all these producers who shoot girls with husbands or bf's, I can tell you that I know a producer who got in a LOT of trouble in Santa Monica a few years back with the cops when girls would come to them saying they had been raped.
And I can tell you from a lawyers perspective the 2257 notice comes into play when we are trying to find out whom to name and where to serve a lawsuit.

www.2257Safe.com will not divulge the names or addresses of any of our clients unless forced to under subpoena.

D-Money 08-24-2009 11:57 AM

Great thread.

Pornlaw, I'll be hitting you up later today.

pornlaw 08-24-2009 02:29 PM

Quote:

Originally Posted by D-Money (Post 16229385)
Great thread.

Pornlaw, I'll be hitting you up later today.

Thanks I got a couple of questions for you about Lifestyle Amateurs.


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