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FBI: Companies Inspected For 2257 So Far Were "Administrative Catastrophes"
Well I was reading through Xbiz, and was shocked to read what I believe is a VERY telling, VERY important fact:
Only ONE company that underwent a 2257 inspection so far "resulting in no reported violations" and only ONE company had records that were "nearly perfect". ALL other companies that have been inspected have resulted in what the FBI believes are illegal violations that were reported by the FBI to the Department of Justice. What kind of violations? Are we talking just bazaar cross-referencing violations? Obscure provisions that are impossible for anyone to comply with anyway? Oh no oh no oh no oh no! "The most common violations the agents have reported to date have be illegible identification documents, including copies of IDs where the photographic area is little more than a large black dot; missing identification documents, and failure to cross reference". We're talking violations that include scans of the IDs that are so shitty that you can't even make out the picture on them, and IDs that are just flat out not on file. THEXY! |
Also interesting item to note:
The FBI says the database their making of producers, that they're pulling from randomly to do inspections of, INCLUDE FOREIGN COMPANIES. |
Rutroh raggy.. Most docs I've seen from content producers suck balls, and not in a good, pleasurable way.
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well that sucks :(
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They're American, so I don't doubt they have plans to. But that doesn't mean they won't get their arse handed to them for it. Despite the mentality to the contrary, the US is not the world police and has no right to turn up anywhere else in the world to enforce their laws. If they turned up here I'd just laugh while slamming the door in their face. |
Link to this story? Who is their source?
After the first three or four the FBI published a writeup saying so far everyone passed. So that right there makes me question the idea that only one passed so far. Then there is the fact that several companies have come forward to say they were inspected. If they were all found to be in violation of something, wouldn't they have kept the inspection a secret from the industry? |
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The source is an article in this month's XBIZ World Magazine titled "Seeking A More Reasonable Environment" written by first amendment attorney Gregory Piccionelli who was quoting from the meeting that took place at FBI Headquarters in Washington DC. |
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I'd suspect that there are treaties in place with most countries that would allow such an arrangement to take place. However, I'm not an attorney and can't say anything for any certainty. |
I wouldn't be surprised. Fatfuckingcash was lucky (by accident) in that all the content they have are pictures/vids they've taken themselves and they always made sure ID copies were clean and readable.
I'm sure most of the companies who have bought content have at least a few pictures that aren't compliant. Personally, I removed all the pictures off my freesites when 2257 shit starting coming down. Doubled my payouts and I don't have to deal with worrying about this crap. |
I'm not too surprised, when I was doing 2257 for adult, a few producers would try to pass on unreadable, unusable documents. And then they would act offended when called on it. Somehow it was always my fault that they couldnt obtain and/or follow the proper procedures Spannow and I set in place for them.
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With the rules they have set in place for cross referencing and indexing and all the bullshit they are asking for I am surprised that even 1 person was able to pass it.
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I agree with you there. However, what I found interesting to note, as I said, is that the majority of violations don't appear to even be just these obscure cross referencing and indexing issues. It's been scans of IDs where it's not even possible to see the performer's pictures, and IDs that aren't even on file at all. What a mess. I really hope we don't see prosecutions taking place now. I'd really hate to see a company get in serious trouble for book keeping problems when they've been working with only performers that are all 18+ This whole process just seems so un-american. |
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i just don't see how the US gov could ask from a forgein business to have documents ready for them at opening hours. That'd be crazy. |
Well, IMO, if a company is showing pics of girls they don't have decent documents for, then they get what they deserve. I know a LOT of companies removed content BECAUSE they couldn't read the IDs provided by the content sellers.
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"It was disclosed that the FBI has compiled a database of adult content producers in which approximately 700 companies, including foreign companies, are identified." [...] "To select the companies to be inspected, the FBI uses a program they claim will select 10 producers at random from the database" |
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The same logic is holding true with foreign gaming companies, that have stopped taking bets from US citizens for fear of violating US laws against doing so. Again, I am not an attorney, so don't take my advice or word on anything legal related. I'm just passing on what I have been told / read. |
if any of the companies get busted... any affiliate that's using their content is fucked as well :(
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Its very crazy I see some models signup using a blank image license or just another picture of them and i have to decline thier account and tell them to correct it and the reason why.
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If you content producer gives you bad illegible id copies, its time to look for other producers..
As part of the work for hire agreement which I often sign for my clients, parts of my duty is to check/examine the id's of each model, cross reference the name and birthday and then ask the model when she was born and how old she is etc. I know of atleast one company using a signature verification company to verify the signature on the ID matches that of the release forms..this sounds like a pretty good idea if you really want to protect yourself (from the DOJ) |
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From the Personal Information Protection and Electronic Documents Act in Canada as I suspect many other countries are similiar AND since Doctor Dre is a canuck (irrelevant sections omitted)... (3) For the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, an organization may disclose personal information without the knowledge or consent of the individual only if the disclosure is (c) required to comply with a subpoena or warrant issued or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with rules of court relating to the production of records; (c.1) made to a government institution or part of a government institution that has made a request for the information, identified its lawful authority to obtain the information and indicated that (ii) the disclosure is requested for the purpose of enforcing any law of Canada, a province or a foreign jurisdiction, carrying out an investigation relating to the enforcement of any such law or gathering intelligence for the purpose of enforcing any such law, or (iii) the disclosure is requested for the purpose of administering any law of Canada or a province;" While the secondary producer section of 2257 is a direct violation of Canadian Privacy laws and CANNOT be enforced by the FBI (meaning they couldn't force ANY Canadian producer to hand over the ID's to their U.S. clients because they'd then be forcing those producers to break their own countries laws), for them to show up on the doorstep of a Canadian producer and request those records themselves, isn't exactly a stretch. Could they do it without cooperation from the RCMP? Not a chance. But does anyone really believe if the FBI approached the RCMP and wanted to make inquiries to ensure the legal age of adult actresses performing in Canada, that the RCMP would object? I for one highly doubt it. Remember that above all, we are pornographers and while we would certainly have more support than our U.S. counterparts, the overriding sentiment would still be against us. All imho :2 cents: From http://laws.justice.gc.ca/en/P-8.6/text.html |
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I can't see the authorities in Canada accomodating the FBI in checking 2257 records because our privacy laws in Canada would actually forbid it. In fact, in Canada, your information can not be given to anyone without WRITTEN consent of the individual.
This means when my child went to the dentist and was referred to another dentist, I had to actually sign documents allowing the other dentist to have my childs information. There is no way the FBI could ask to see the records/ID's without written consent of every single performer/model. |
MMmm.. the US govt has a nasty habit of not minding it's own biz - unlike almost all other nations. They need to learn what reality means.
Reality does not mean US law applies anywhere else apart from the US. Reality also does not mean they have a hope in hell of making an application to a judge in a foreign jurisdiction (least in terms of boring 2257 stuff) and this being granted - a judge would tell them where to go and ask them what 225? wot is? The world never did agree to the terms of US domestic law and if the govt does not like it - block all foreign servers and shut up. PS... The basic principle behind 2257 is fine in that it does provide some protection for under 18's - that's not the problem. The problem is the world never was a record-keeper for the US govt, - nor is there any obligation to speak to them. |
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Why all this random checking shit it should be a complaint basis onlyif someone thinks you have illegal content they report you then they should check for documentation american law sucks glad I don't live or host there :P
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http://www.wam.umd.edu/~melewis/bookclub/hat.jpeg About foreign companies, they can suck my dick when I pull it out of a filthy hoe's asshole. Treaties exist for criminal offenses ( in both countries ) like Child Porn, distribution of cocaine, stolen cars, etc .... Not for document keeping as per the US... :1orglaugh :1orglaugh :1orglaugh |
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Fuck em - just don't get in my face :1orglaugh |
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if the image is so bad you can;t make it out, then it would be violating 2257 regardless of the new rules. Also I don't think that would be a "book keeping" error. That is a documention error, which IMO something that they should be held to a higher standard. If you can't even prove the girls age or match the picture in the id to the girl used in the content, then you are fucking up more so then just miss filing something. |
In regards to the 2257, the ids, as well as the release need to be legible as well and some form of passport also? or government issued is ok.
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Or shit for that matter I wouldn't fly in US airspace, they could make the plane land then and get your ass LOL so sad. |
So is the sky falling again...?
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But... along comes the US govt creating more bullshit rules and paperwork which do not make any provision for child protection. There are numerous laws existing already where "offenders" can be indicted for the ususal violations - it's just that the US govt needs as many "rules" as it can muster to feel relevant. Truth is, they have been pathetically poor at child protection - especially where US citizens commit offenses in other nations. They need to clean up their own backyard first. Foreign corporations? Hell.. dream on in lala land :winkwink: |
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Thats why I bring a scanner to shoots I get wonderful big clear id pics. If someone isnt in this country they cant touch you , unless its some big pedo ring. For just random inspections its not going to happen. Also I wish the people who were at that meeting would share the info. Usually the way it works is they invite the industry leaders so then the leaders pass the info down. This is such bullshit we only get bits and pieces. I also highly doubt they are going to arrest anyone on a cross referencing error if everything else is correct because they have to go in front of a judge and jury and say the model is 30 yrs old but we want to put this person in jail for 5 yrs for a cross referencing error. Also the chance they take going to court over bullshit ,is 2257 being thrown out for being too complicated.
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This thread smells like anus.... :)
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