AIM, Privacy, and Misinformation - GoFuckYourself.com

Darrah · 11-13-2009, 09:33 PM

Thank you to Sam who sent me this!

There is a lot of concern in the adult industry these days about health, safety, and std?s. A few months ago a performer tested positive for HIV. There was much discussion about AIM not making the positive result public, and the industry only learned of it when the producer who used the infected talent tried to accuse AIM of giving the person a clean bill of health. As a result of the publicity, OSHA began looking for the employer who used the infected performer. In their efforts to identify the employer, they attempted to get information about ?patient zero? from AIM. AIM refused, and patient zero filed a suit against AIM and OSHA from seeking information about her. Patient Zero was successful, and an injunction was put in place against OSHA and AIM from disclosing information about her.

AIM claimed this was a victory, but in reality it was far from it. The ruling ordered AIM not to release any information about any infected performer, unless there is written permission from the patient in accordance with existing law. Many in the adult industry think that the waiver signed at AIM is in compliance with the law. IT IS NOT. The law requires a written waiver for every single disclosure of patient results to a third party, and that waiver must include the name of the person to whom the result are being given. It is very clear that the AIM waiver does not come close to meeting this criteria.

In 2004, AIM published, on the internet, the name of every person on a quarantine list, and the name of every performer who tested positive for HIV. They did not print legal names, but the law prohibits releasing any identifying information about a patient. A stage name is more than enough to identify a person. As a result of the publicity, OSHA was able to identify the employer in this case. Two companies were identified (TTBOY) and citations were issued for health and safety violations. The citations were appealed, to no avail, and TTBOY paid the fines and agreed to restrictions on future productions. According to industry insiders, TTBOY packed up his shop and moved to Florida. The precedent was set, performers were deemed employees, and the producers were deemed liable for what happens on their sets.

Armed with these new precedents, OSHA began to step up its investigations into the adult industry, by going after agents in order to identify the employers of those who were reported to the County Health Department as being positive for std?s by AIM. They used legal theory that the agents were acting on behalf of the employer. OSHA has the right to inspect employers, and those who act as agents for the employers. Some in OSHA think that this also applies to AIM. When Steve Hirsch states that any performer must have a valid test from AIM or they will not get hired, the case can be made that AIM is acting as an agent of the employers in the adult industry.

In 2004, the privacy issue was not an issue at all for AIM. Under the pretense of doing what had to be done, the privacy of every performer on that quarantine list was violated. Darren James eventually sued AIM, and an out of court settlement was reached. Why nobody else sued AIM is a good question. They all certainly had ample grounds to file suits. It was because of this 2004 outbreak that AIM changed their protocol, and when the latest patient zero was identified there was no published quarantine list. But the reason for the change had NOTHING to do with protecting the privacy of AIM patients. The new protocol is all about protecting the identity of the employers (producers).

Look at the current articles on AIM?s website. They all talk about OSHA attempting to find the employers, and holding them responsible for the cost of any ramifications of the std exposures. AIM has spent tens of thousands of dollars, most of it from the ?donation? the talent pays for their tests, to keep OSHA form learning the identities of the producers. The law requires employers to pay for follow-up testing and treatment for any disease contracted in the the workplace. In this time of economic downturn, these costs would certainly cripple the industry, and that means the identity of employers must be kept secret from OSHA.

AIM is even going so far as to make statements such as ?More importantly for you (producers) they are trying to get information about what performers have worked for which companies and when. They want to force your company to take the blame if a performer in one of your movies contracts an std without any evidence that the illness was acquired on your set.? This one paragraph alone is full of holes. It is the fact that the person had an std on your set, and exposed others to it during their course of employment. And AIM is even now, it seems, trying to say that the std?s come from outside the industry and are NOT being spread on the sets. How AIM can deny that stds are being transmitted on porn sets is is beyond absurd.

Several questions still remain unanswered. Has the company that hired patient zero reported the workplace exposure of HIV to OSHA, as is required by law? Exactly what is AIM?s protocol for handling HIV positive patients? Is there a written policy at AIM, and are the talent, who they are supposed to work for, aware of the protocols?

The bottom line is AIM is not concerned with patient privacy. For a monthly donation any porn company can get a password that gives them access to every performers medical records, not just those that they hire. This is in clear violation of the injunction won by patient zero, and the LAW that states that every single third party notification requires written consent from the patient that includes the NAME of the individual to whom the results are being given. Now AIM is raising the rates for talent to get tested in order to help protect the identities of the employers who should be paying for the tests in the first place.

The fundraisers AIM has scheduled have nothing to do with helping the talent. AIM, and agents (LATATA) are also telling talent that they do not have to give any information to anyone who contacts them about their positive std tests. One can only imagine what would happen if a performer named their employer. This is ALL about protecting the producers from the financial responsibility of the diseases that are contracted in their workplace. Read the articles on the AIM website for yourself.

DON?T BE FOOLED. AIM has raised prices on the talent to cover the legal bills to protect producers. It has NOTHING to do with performer privacy,They will give your medical information to anyone who says they are in the adult industry. If you know a performers real name you can call AIM and they will tell you their test result over the phone. SO much for privacy and HIPPA regulations. It is about protecting producers at all costs, and those costs are being paid by the performers. Performers need to tell AIM to not spend their ?donations? to pay legal bills to protect producers.

Darrah · 11-13-2009, 09:38 PM

Someone sent me this which was found on another forum. But I don't know if we can link back to other forums here. But it was on ADT.

Is it legal?

A lot of people are making a big deal about the AIM Fundraiser, but someone on adultdvdtalk asks a good question:

?HALF of the money goes to AIM, the other half goes to LATATA (Derek Hay, Joel Lawrence, Type9 etc.)

So if you want to give money to porn agents then by all means show up. If you want to give money to AIM, just go to their website and do it there, or just send them a check.

This is great, holding a fundraiser for AIM and keeping half the money. I challenge LATATA to give ALL the money to AIM. (is this legal, a 501c3 and a for profit organization combing a fundraiser under the guise of helping the nonprofit) Pornlaw, what do ya think??

SleazyDream · 11-13-2009, 09:43 PM

um, he IS helping a non profit - he's profiting to do so, but he IS helping - that isn't a 'guise'

Darrah · 11-13-2009, 10:39 PM

Quote:

Originally Posted by SleazyDream

um, he IS helping a non profit - he's profiting to do so, but he IS helping - that isn't a 'guise'

Why should any of those agents profit while using a non-profit to get people to come to the fundraiser? Don't the agents already rip off their clients mostly giving nothing back in return? They already take a cut from the girls but I've been telling many of these women to send out their own press releases when their own agents won't release anything for them, won't return a phone call, or reply back to an email. What exactly do these agents do? If anyone wants to donate to AIM, they can through their website without having to give "half" to agents who already make more than enough. I think the porn industry is the only industry that somehow convinces the talent that they have to work for the agent when it's the other way around. The agent works for you.

mmcfadden · 11-13-2009, 10:46 PM

Quote:

Originally Posted by Darrah

Why should any of those agents profit while using a non-profit to get people to come to the fundraiser? Don't the agents already rip off their clients mostly giving nothing back in return? They already take a cut from the girls but I've been telling many of these women to send out their own press releases when their own agents won't release anything for them, won't return a phone call, or reply back to an email. What exactly do these agents do? If anyone wants to donate to AIM, they can through their website without having to give "half" to agents who already make more than enough. I think the porn industry is the only industry that somehow convinces the talent that they have to work for the agent when it's the other way around. The agent works for you.

an industry which has chosen to support a concept to not make money... an agent and talent negotiations is almost irrelevant in the overall scheme of stupidity in this industry.

Darrah · 11-13-2009, 11:37 PM

Quote:

Originally Posted by mmcfadden

an industry which has chosen to support a concept to not make money... an agent and talent negotiations is almost irrelevant in the overall scheme of stupidity in this industry.

Can you really blame much of the talent when many of these women enter porn at 18 - 20 years old not knowing what to do? No one tells them to quickly register a domain. I write many women telling them your name is still available and quickly register. Other women have told me thank you for what I wrote and they either registered their name or changed their name so they could buy the new domain. No one tells anyone anything. The women trust the people around them but they usually do nothing. Then you have the women who get signed to Digital Playground and sign over their identities. Stoya is now going as Stoya Stealth because DP owns her name. Stoya is actually part of her real last name. She signed over her family name all for a contract!

After Shock Media · 11-14-2009, 12:12 AM

The whole thing reeks of something bad. There is a lot of info posted in PornoDan's thread on GFY a few days ago when he was talking about the event. OSHA is just a ruse and scare factor to get people to assist in donating to the creation of their talent union which if you recall the union memo leak you would know, is set out to really fuck with the industry. This really applies to anyone who does not hire models through one of their agencies.

Darrah · 11-14-2009, 12:32 AM

Quote:

Originally Posted by After Shock Media

The whole thing reeks of something bad. There is a lot of info posted in PornoDan's thread on GFY a few days ago when he was talking about the event. OSHA is just a ruse and scare factor to get people to assist in donating to the creation of their talent union which if you recall the union memo leak you would know, is set out to really fuck with the industry. This really applies to anyone who does not hire models through one of their agencies.

Of course it's bad when Derek hay is involved and still being investigated by the FBI. More so after Michelle Braun rolled over everyone and got no jail time at all for her testimony.

After Shock Media · 11-14-2009, 12:36 AM

Quote:

Originally Posted by Darrah

Of course it's bad when Derek hay is involved and still being investigated by the FBI. More so after Michelle Braun rolled over everyone and got no jail time at all for her testimony.

I am more talking about the possible blacklists that they have planned for those that are not part of the union. Think it forces you to be a union member producer and only hire union member talent or face a fine which they could not collect (unless the union works and they force you to join and pay past fines). Things like that. Plus I do not like the idea of some porn agencies being in charge of the porn world. On the ladder rungs they are the lowest in the industry and make the money on the backs of others already.

shimmy2 · 11-14-2009, 12:38 AM

Quote:

Originally Posted by Darrah

What exactly do these agents do?

oh this is going to be a good one whoever steps up to the plate here

Darrah · 11-14-2009, 12:44 AM

Quote:

Originally Posted by shimmy2

oh this is going to be a good one whoever steps up to the plate here

I asked this one starlet who was a star in a huge movie why hasn't your agency sent out any press releases for you. She was like yeah, they haven't done anything. So she called and emailed and got nothing in return. So I told her to send out her own releases and I gave her the formula for a press release. She she did and got into AVN and XBiz the first try.

Another agent thanked me for running the releases they send by saying that's really one of the few ways any of the women get any attention.

How else will anyone in the public know who the new stars are or what the current stars are doing? Sending out press releases is pretty basic and should be done at least once a month for all your clients.

american pervert · 11-14-2009, 06:04 AM

Quote:

Originally Posted by After Shock Media

Plus I do not like the idea of some porn agencies being in charge of the porn world.

The porn world extends much farther than across the SFV. And there is no way a union would ever work. people are too cheap to use who they are supposed to when staying under budget. you'd laff if you had any idea how cheap hustler shoots those parodies for.

After Shock Media · 11-14-2009, 12:06 PM

Quote:

Originally Posted by american pervert

The porn world extends much farther than across the SFV. And there is no way a union would ever work. people are too cheap to use who they are supposed to when staying under budget. you'd laff if you had any idea how cheap hustler shoots those parodies for.

I know this, hell most internet people know this.
I just also happen to have business in LA and the DVD side.

EscortBiz · 11-14-2009, 12:18 PM

Does talent have any other option other than AIM?

AaliyahLove · 11-14-2009, 12:35 PM

Quote:

Originally Posted by Darrah

Can you really blame much of the talent when many of these women enter porn at 18 - 20 years old not knowing what to do? No one tells them to quickly register a domain. I write many women telling them your name is still available and quickly register. Other women have told me thank you for what I wrote and they either registered their name or changed their name so they could buy the new domain. No one tells anyone anything. The women trust the people around them but they usually do nothing. Then you have the women who get signed to Digital Playground and sign over their identities. Stoya is now going as Stoya Stealth because DP owns her name. Stoya is actually part of her real last name. She signed over her family name all for a contract!

*yawn* here we go again with Darrah telling us all how evil and corrupt the porn industry is and how these poor girls are taken advantage of..even though you don't actually know anybody in porn personally and have never been on a real porn set..by your admission.
You have personally seen agents doing these things? Oh yeah? Which agents? when? give proof, I don't believe a fucking word you say and neither does anybody on this board.

ps-you may have caught people's attention here since you CUT AND PASTE this story, without throwing your biased and usually COMPLETELY WRONG "facts" and opinions into the mix.. but no matter what you post I write it off as bullshit since I have read your other posts, and your blog.. and they're fucking ridiculous LOL

AaliyahLove · 11-14-2009, 12:37 PM

Quote:

Originally Posted by EscortBiz

Does talent have any other option other than AIM?

of course we do..AIM is the "standard" but I would accept any full STD test from a girl's normal gyno, clicnic, whatever.

Darrah · 11-14-2009, 01:59 PM

Quote:

Originally Posted by EscortBiz

Does talent have any other option other than AIM?

Most don't because AIM has had a monopoly on STD testing for years. Many performers have been told they will not be hired if they go elsewhere.

Darrah · 11-14-2009, 02:01 PM

Quote:

Originally Posted by AaliyahLove

of course we do..AIM is the "standard" but I would accept any full STD test from a girl's normal gyno, clicnic, whatever.

No you don't. But you say you do because that's the script that's been handed to you to read or else you'll face the consequences. Most tell the truth once they leave the industry.

Darrah · 11-14-2009, 02:32 PM

Quote:

Originally Posted by AaliyahLove

of course we do..AIM is the "standard" but I would accept any full STD test from a girl's normal gyno, clicnic, whatever.

How do you verify the results from places other than AIM? Or if she just 'taking their word for it'? This is what Marc Wallice did, isn't it??

pornlaw · 11-14-2009, 02:45 PM

Quote:

Originally Posted by Darrah

Can you really blame much of the talent when many of these women enter porn at 18 - 20 years old not knowing what to do? No one tells them to quickly register a domain. I write many women telling them your name is still available and quickly register. Other women have told me thank you for what I wrote and they either registered their name or changed their name so they could buy the new domain. No one tells anyone anything. The women trust the people around them but they usually do nothing. Then you have the women who get signed to Digital Playground and sign over their identities. Stoya is now going as Stoya Stealth because DP owns her name. Stoya is actually part of her real last name. She signed over her family name all for a contract!

I will stand behind this statement.... She is correct.

Quote:

have never been on a real porn set..by your admission.
You have personally seen agents doing these things? Oh yeah? Which agents? when? give proof, I don't believe a fucking word you say and neither does anybody on this board.

You have personally seen agents doing these things? Oh yeah? Which agents? when? give proof, I don't believe a fucking word you say and neither does anybody on this board.

I have been on set and observed it personally. And agents do grab girls names. I know of several that make it practice. And I have discussed it with them.

LA Agents are also suing non-licensed agents right now and they will get around to suing the production companies that hire talent around them.

You may not like Darrah, but her observations are not always incorrect.

After Shock Media · 11-14-2009, 03:02 PM

Quote:

Originally Posted by Darrah

How do you verify the results from places other than AIM? Or if she just 'taking their word for it'? This is what Marc Wallice did, isn't it??

Well since we did not have AIM testing in our bumfuck town today nor back in the 90's to early 2000's when I was producing content for others and my own sites. I actually had never heard of AIM at that time. LA porn was a galaxy away from what I was doing, just like us internet people were small time laughable little oddities in porn that the LA people for the most part wanted nothing to do wit. Unless of course someone came along with some money and offered it to them for movie rights on the internet, which cause a few internet people to rape many companies.

Back to testing which as far as I knew at the time there was no law in place that even required people to be tested. I felt it was the responsible thing to do though on any shoot that was not between a "couple", and then with any couple it was optional and they were informed. Figured most couples already would be fucking. We also did condom shoots by request of talent. To your main question though. We would have people go down to public health and get a full STD test and bring back printed results - which would take a few days. Only those with recent paperwork on file got to do bareback shoots with others, even oral sex.

Darrah · 11-20-2009, 02:28 AM

Quote:

Originally Posted by pornlaw

I will stand behind this statement.... She is correct.

I have been on set and observed it personally. And agents do grab girls names. I know of several that make it practice. And I have discussed it with them.

LA Agents are also suing non-licensed agents right now and they will get around to suing the production companies that hire talent around them.

You may not like Darrah, but her observations are not always incorrect.

Thank you!

pornlaw · 11-20-2009, 06:54 AM

Quote:

Originally Posted by Darrah

Thank you!

Even a blind pig finds a truffle every now and then...

Grapesoda · 11-20-2009, 08:12 AM

Quote:

Originally Posted by Darrah

Thank you to Sam who sent me this!

A few months ago a performer tested positive for HIV.

that's not exactly true. woman wanting to come into the indusrty failed her test and was NOT allowed to be a performer and yet suddeny AIM responsible...

Quote:

There was much discussion about AIM not making the positive result public, and the industry only learned of it when the producer who used the infected talent tried to accuse AIM of giving the person a clean bill of health. As a result of the publicity, OSHA began looking for the employer who used the infected performer. In their efforts to identify the employer, they attempted to get information about ?patient zero? from AIM. AIM refused, and patient zero filed a suit against AIM and OSHA from seeking information about her. Patient Zero was successful, and an injunction was put in place against OSHA and AIM from disclosing information about her.

there is NO employer, the woman got infected in her PRIVATE life before becoming a performer

Quote:

They want to force your company to take the blame if a performer in one of your movies contracts an std without any evidence that the illness was acquired on your set.

actually I do NOT have contracts with the performers I use however the agencies DO, any financial or other liabilities are the responsibility of the agency CONTRACTING the performer..... think about that for a bit.

the agencies have had a pretty good free ride for some time now with responsibility, now they can all STEP UP. if an agent wants a model UNDER CONTRACT, let them cover health cost, social security, unemployment tax and all the other BENEFITS that CONTRACTED EMPLOYEES have.

when mike diamond sends a smell good plumber to my place to clean out a drain, I am NOT responsible for payroll taxes, unemployment, health insurance etc... that's on the company CONTRACTING the plumber.... mike diamond. why would I be responsible for any of this??? I have no legal contract here with anybody...

Quote:

Has the company that hired patient zero reported the workplace exposure of HIV to OSHA, as is required by law? Exactly what is AIM?s protocol for handling HIV positive patients? Is there a written policy at AIM, and are the talent, who they are supposed to work for, aware of the protocols?

The bottom line is AIM is not concerned with patient privacy. For a monthly donation any porn company can get a password that gives them access to every performers medical records, not just those that they hire. This is in clear violation of the injunction won by patient zero, and the LAW that states that every single third party notification requires written consent from the patient that includes the NAME of the individual to whom the results are being given. Now AIM is raising the rates for talent to get tested in order to help protect the identities of the employers who should be paying for the tests in the first place.

The fundraisers AIM has scheduled have nothing to do with helping the talent. AIM, and agents (LATATA) are also telling talent that they do not have to give any information to anyone who contacts them about their positive std tests. One can only imagine what would happen if a performer named their employer. This is ALL about protecting the producers from the financial responsibility of the diseases that are contracted in their workplace. Read the articles on the AIM website for yourself.

DON?T BE FOOLED. AIM has raised prices on the talent to cover the legal bills to protect producers. It has NOTHING to do with performer privacy,They will give your medical information to anyone who says they are in the adult industry. If you know a performers real name you can call AIM and they will tell you their test result over the phone. SO much for privacy and HIPPA regulations. It is about protecting producers at all costs, and those costs are being paid by the performers. Performers need to tell AIM to not spend their ?donations? to pay legal bills to protect producers.

what a fucking tool.... spreading garbage like a teenage girl.... you're so fucking smart you do it better $.02

Grapesoda · 11-20-2009, 08:15 AM

Quote:

Originally Posted by pornlaw

I will stand behind this statement.... She is correct.

I have been on set and observed it personally. And agents do grab girls names. I know of several that make it practice. And I have discussed it with them.

LA Agents are also suing non-licensed agents right now and they will get around to suing the production companies that hire talent around them.

You may not like Darrah, but her observations are not always incorrect.

what about restriction of free trade?

pornlaw · 11-20-2009, 08:51 AM

Quote:

Originally Posted by bm bradley

what about restriction of free trade?

There are some concerns on my part but I dont think the agents have thought about Anti-Sherman litigation yet... it will happen though.

Quote:

actually I do NOT have contracts with the performers I use however the agencies DO, any financial or other liabilities are the responsibility of the agency CONTRACTING the performer..... think about that for a bit.

the agencies have had a pretty good free ride for some time now with responsibility, now they can all STEP UP. if an agent wants a model UNDER CONTRACT, let them cover health cost, social security, unemployment tax and all the other BENEFITS that CONTRACTED EMPLOYEES have.

when mike diamond sends a smell good plumber to my place to clean out a drain, I am NOT responsible for payroll taxes, unemployment, health insurance etc... that's on the company CONTRACTING the plumber.... mike diamond. why would I be responsible for any of this??? I have no legal contract here with anybody...

Thats just not true. There's several California precedents holding that actors/performers are employees of producers, even if its for just a day. The plumber anology just doesnt hold water with the courts. Plumbers are trained and licensed, performers are not. In California one of the requirements to be considered an IC is license. And that is not always true. Even though real estate agents are basically ICs there is a specific law in Cali that requires real estate agencies to cover their individual agents for work comp purposes, even if they are an IC for tax purposes.

AaliyahLove · 11-20-2009, 08:52 PM

Quote:

Originally Posted by Darrah

No you don't. But you say you do because that's the script that's been handed to you to read or else you'll face the consequences. Most tell the truth once they leave the industry.

WTF are you talking about? WHO handed me a..script? HUH?
Girl I work for MYSELF so what sort of CONSEQUENCES are you talking about? Not one part of this post is correct or the TRUTH.

Why wouldn't I accept a test from a model's gyno instead of AIM? I've done it plenty of times. I've seen it done plenty of times. It's never been an issue. I also get tested for HPV regularly at my GYNO on top of my AIM tests and I always share those results with whoever I'm shooting with also, which I'm sure is appreciated

So you REALLY believe all porn models are helpless senseless girls who are being used and abused and aren't smart enough to think and make decisions for ourselves? LOL

your writings are so BIASED, FULL OF LIES and one sided its ridiculous.

dial · 11-20-2009, 09:07 PM

you CAN NOT be a porn star in LA and NOT use AIM, not a single medium or big studio will use you without an AIM test

you can use your doctor all day long, hell, you can even go directly to the lab and get a complete panel then have the lab guy come with you to the shoot to verify it, they will not let you work. you HAVE to have an AIM test

Darrah · 11-23-2009, 08:42 PM

bm bradley, didn't she have a previous test done one month before her positive test?? Then she tested June 4, and worked on June 5, when her result was pending. She got the positive result on June 6. While she did not contract the virus on a porn set, she could have potentially exposed everyone she worked with on June 5 like Seth Dickens.

Darrah · 11-23-2009, 08:44 PM

Quote:

Originally Posted by dial

you CAN NOT be a porn star in LA and NOT use AIM, not a single medium or big studio will use you without an AIM test

you can use your doctor all day long, hell, you can even go directly to the lab and get a complete panel then have the lab guy come with you to the shoot to verify it, they will not let you work. you HAVE to have an AIM test

And dial, thank you for pointing out that in L.A. an AIM test is required by the majority of companies in order to work. That gives much more credence to the legal theory that AIM is acting as a "agent" of the employers and therefore possibly falling under the jurisdiction of OSHA.

Darrah · 11-23-2009, 08:59 PM

Quote:

Originally Posted by AaliyahLove

Why wouldn't I accept a test from a model's gyno instead of AIM?

I'm not talking about you. The major agencies and companies will not hire anyone if they don't get tested at AIM. Sharon Mitchell has had a monopoly on testing for years. AIM is paid by these companies and agencies which means they in turn have to send everyone to AIM for testing.

Quote:

So you REALLY believe all porn models are helpless senseless girls who are being used and abused and aren't smart enough to think and make decisions for ourselves?

Not all but many. Want me to tell you the stories and name names of EVERYONE involved and how many women have been raped, gangraped, and threatened on & off set by the people around them? I can't say anything ...... yet because their lives are in danger and they're not safely away yet or they have children whose lives are now in danger if she speaks. You know this better than I do but you defend the industry because you want to keep on being employed by them.

You make it seem like I pull this all out of thin air to amuse you all. If Stefani Morgan can be allegedly ( << for the lawyers out there) raped by her boss Bill Asher at Vivid, go to the police, they do nothing, and her best friend Monique Alexander (who was passed out in another room during the rape) turn on her & later tell an audience at a porn debate that she feels no sympathy for any woman who has a hard time in porn, than what chance is there for any woman out there?

Darrah · 11-23-2009, 09:01 PM

Quote:

Originally Posted by dial

you CAN NOT be a porn star in LA and NOT use AIM, not a single medium or big studio will use you without an AIM test

you can use your doctor all day long, hell, you can even go directly to the lab and get a complete panel then have the lab guy come with you to the shoot to verify it, they will not let you work. you HAVE to have an AIM test

Thank you.

11-13-2009, 09:33 PM	#1
Darrah Confirmed User Industry Role: Join Date: Jun 2009 Location: United States Posts: 577	AIM, Privacy, and Misinformation Thank you to Sam who sent me this! There is a lot of concern in the adult industry these days about health, safety, and std?s. A few months ago a performer tested positive for HIV. There was much discussion about AIM not making the positive result public, and the industry only learned of it when the producer who used the infected talent tried to accuse AIM of giving the person a clean bill of health. As a result of the publicity, OSHA began looking for the employer who used the infected performer. In their efforts to identify the employer, they attempted to get information about ?patient zero? from AIM. AIM refused, and patient zero filed a suit against AIM and OSHA from seeking information about her. Patient Zero was successful, and an injunction was put in place against OSHA and AIM from disclosing information about her. AIM claimed this was a victory, but in reality it was far from it. The ruling ordered AIM not to release any information about any infected performer, unless there is written permission from the patient in accordance with existing law. Many in the adult industry think that the waiver signed at AIM is in compliance with the law. IT IS NOT. The law requires a written waiver for every single disclosure of patient results to a third party, and that waiver must include the name of the person to whom the result are being given. It is very clear that the AIM waiver does not come close to meeting this criteria. In 2004, AIM published, on the internet, the name of every person on a quarantine list, and the name of every performer who tested positive for HIV. They did not print legal names, but the law prohibits releasing any identifying information about a patient. A stage name is more than enough to identify a person. As a result of the publicity, OSHA was able to identify the employer in this case. Two companies were identified (TTBOY) and citations were issued for health and safety violations. The citations were appealed, to no avail, and TTBOY paid the fines and agreed to restrictions on future productions. According to industry insiders, TTBOY packed up his shop and moved to Florida. The precedent was set, performers were deemed employees, and the producers were deemed liable for what happens on their sets. Armed with these new precedents, OSHA began to step up its investigations into the adult industry, by going after agents in order to identify the employers of those who were reported to the County Health Department as being positive for std?s by AIM. They used legal theory that the agents were acting on behalf of the employer. OSHA has the right to inspect employers, and those who act as agents for the employers. Some in OSHA think that this also applies to AIM. When Steve Hirsch states that any performer must have a valid test from AIM or they will not get hired, the case can be made that AIM is acting as an agent of the employers in the adult industry. In 2004, the privacy issue was not an issue at all for AIM. Under the pretense of doing what had to be done, the privacy of every performer on that quarantine list was violated. Darren James eventually sued AIM, and an out of court settlement was reached. Why nobody else sued AIM is a good question. They all certainly had ample grounds to file suits. It was because of this 2004 outbreak that AIM changed their protocol, and when the latest patient zero was identified there was no published quarantine list. But the reason for the change had NOTHING to do with protecting the privacy of AIM patients. The new protocol is all about protecting the identity of the employers (producers). Look at the current articles on AIM?s website. They all talk about OSHA attempting to find the employers, and holding them responsible for the cost of any ramifications of the std exposures. AIM has spent tens of thousands of dollars, most of it from the ?donation? the talent pays for their tests, to keep OSHA form learning the identities of the producers. The law requires employers to pay for follow-up testing and treatment for any disease contracted in the the workplace. In this time of economic downturn, these costs would certainly cripple the industry, and that means the identity of employers must be kept secret from OSHA. AIM is even going so far as to make statements such as ?More importantly for you (producers) they are trying to get information about what performers have worked for which companies and when. They want to force your company to take the blame if a performer in one of your movies contracts an std without any evidence that the illness was acquired on your set.? This one paragraph alone is full of holes. It is the fact that the person had an std on your set, and exposed others to it during their course of employment. And AIM is even now, it seems, trying to say that the std?s come from outside the industry and are NOT being spread on the sets. How AIM can deny that stds are being transmitted on porn sets is is beyond absurd. Several questions still remain unanswered. Has the company that hired patient zero reported the workplace exposure of HIV to OSHA, as is required by law? Exactly what is AIM?s protocol for handling HIV positive patients? Is there a written policy at AIM, and are the talent, who they are supposed to work for, aware of the protocols? The bottom line is AIM is not concerned with patient privacy. For a monthly donation any porn company can get a password that gives them access to every performers medical records, not just those that they hire. This is in clear violation of the injunction won by patient zero, and the LAW that states that every single third party notification requires written consent from the patient that includes the NAME of the individual to whom the results are being given. Now AIM is raising the rates for talent to get tested in order to help protect the identities of the employers who should be paying for the tests in the first place. The fundraisers AIM has scheduled have nothing to do with helping the talent. AIM, and agents (LATATA) are also telling talent that they do not have to give any information to anyone who contacts them about their positive std tests. One can only imagine what would happen if a performer named their employer. This is ALL about protecting the producers from the financial responsibility of the diseases that are contracted in their workplace. Read the articles on the AIM website for yourself. DON?T BE FOOLED. AIM has raised prices on the talent to cover the legal bills to protect producers. It has NOTHING to do with performer privacy,They will give your medical information to anyone who says they are in the adult industry. If you know a performers real name you can call AIM and they will tell you their test result over the phone. SO much for privacy and HIPPA regulations. It is about protecting producers at all costs, and those costs are being paid by the performers. Performers need to tell AIM to not spend their ?donations? to pay legal bills to protect producers.

11-13-2009, 09:43 PM	#3
SleazyDream I'm here for SPORT Industry Role: Join Date: Jul 2001 Location: Phone # (401) 285-0696 Posts: 41,470	um, he IS helping a non profit - he's profiting to do so, but he IS helping - that isn't a 'guise' __________________ This dog, is dog, a dog, good dog, way dog, to dog, keep dog, an dog, idiot dog, busy dog, for dog, 20 dog, seconds dog! Now read without the word dog.

11-14-2009, 12:12 AM	#7
After Shock Media It's coming look busy Join Date: Mar 2001 Location: "Ph'nglui mglw'nafh Cthulhu R'lyeh wgah'nagl fhtagn". Posts: 35,299	The whole thing reeks of something bad. There is a lot of info posted in PornoDan's thread on GFY a few days ago when he was talking about the event. OSHA is just a ruse and scare factor to get people to assist in donating to the creation of their talent union which if you recall the union memo leak you would know, is set out to really fuck with the industry. This really applies to anyone who does not hire models through one of their agencies. __________________ [email protected] ICQ:135982156 AIM: Aftershockmed1a MSN: [email protected]

11-14-2009, 12:18 PM	#14
EscortBiz Fuck Checks, CASH only! Join Date: May 2002 Location: New York City Posts: 19,422	Does talent have any other option other than AIM? __________________ Spanking, Medical Fetish, Sleeping, Strap-on Anal Lesbians, Girls Fucking Guys, Handjob site REAL HOT, Shemales, Anal and Ass Licking sites 100% Real EXCLUSIVE with amazing retention, ccbill payouts, lots of content FREE FTP HOSTING Promote the largest and oldest member paid escort site, Converts 10 times better then any dating site, CCBill payouts ICQ# 158802076

11-20-2009, 09:07 PM	#28
dial Confirmed User Join Date: May 2006 Location: wherever you aren't Posts: 1,225	you CAN NOT be a porn star in LA and NOT use AIM, not a single medium or big studio will use you without an AIM test you can use your doctor all day long, hell, you can even go directly to the lab and get a complete panel then have the lab guy come with you to the shoot to verify it, they will not let you work. you HAVE to have an AIM test __________________ boom chicka wah wah

11-13-2009, 09:38 PM	#2
Darrah Confirmed User Industry Role: Join Date: Jun 2009 Location: United States Posts: 577	Someone sent me this which was found on another forum. But I don't know if we can link back to other forums here. But it was on ADT. Is it legal? A lot of people are making a big deal about the AIM Fundraiser, but someone on adultdvdtalk asks a good question: ?HALF of the money goes to AIM, the other half goes to LATATA (Derek Hay, Joel Lawrence, Type9 etc.) So if you want to give money to porn agents then by all means show up. If you want to give money to AIM, just go to their website and do it there, or just send them a check. This is great, holding a fundraiser for AIM and keeping half the money. I challenge LATATA to give ALL the money to AIM. (is this legal, a 501c3 and a for profit organization combing a fundraiser under the guise of helping the nonprofit) Pornlaw, what do ya think??

11-23-2009, 08:42 PM	#29
Darrah Confirmed User Industry Role: Join Date: Jun 2009 Location: United States Posts: 577	bm bradley, didn't she have a previous test done one month before her positive test?? Then she tested June 4, and worked on June 5, when her result was pending. She got the positive result on June 6. While she did not contract the virus on a porn set, she could have potentially exposed everyone she worked with on June 5 like Seth Dickens.