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Old 08-23-2009, 09:47 PM   #51
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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
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Old 08-23-2009, 09:52 PM   #52
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I'm just saying though. I like to argue


There's nothin wrong if you speak your peace or ask a few questions.
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Old 08-23-2009, 09:59 PM   #53
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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.
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Old 08-23-2009, 09:59 PM   #54
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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...
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Old 08-23-2009, 10:15 PM   #55
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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.
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Old 08-23-2009, 10:35 PM   #56
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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.
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Old 08-23-2009, 10:37 PM   #57
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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.
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Old 08-24-2009, 07:15 AM   #58
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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.
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Old 08-24-2009, 07:29 AM   #59
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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.
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Old 08-24-2009, 10:30 AM   #60
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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...


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Old 08-24-2009, 11:50 AM   #61
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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.
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Old 08-24-2009, 11:57 AM   #62
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Great thread.

Pornlaw, I'll be hitting you up later today.
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Old 08-24-2009, 02:29 PM   #63
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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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