2257 solution? keepmyrecords.com
 

I didn't see this posted anywhere surprisingly, but it was mentioned yesterday on the PornProfessors.

Check out www.keepmyrecords.com and see what you think.

Apparently Eric Bernstein has said that this idea will fly.

What does everyone else think?

That is a very cool idea, but is in direct violation of the new proposed regulations:
"...If the producer produces the book, magazine, periodical, film, videotape, computer-generated image, digital image, picture, or other matter (including but not limited to Internet computer site or services) as part of his control of or through his employment with an organization, records shall be made available at the organization's place of business."

The custodian of records has to be a employee of the company plain and simple.

That was my original thought too, but as I said, Eric Bernstein did say that this idea would be fine.

I wasn't in on the conversation, so I'll try to get the owner of the site over here to explain.

Haha, hey Tony.

I guess I didn't have to go searching for him after all.

My lawyer is making a dvd on the new changes I shot it and I am editing it for him. So I have been listening to 2257 changes and regs for 6 hrs straight . I know them pretty cold now lol

so doesn't that mean you can hire someone to take care of it like this service or some other (which I imagine will be popping up very soon)

since when you "hire them" they are your employee? Guess someone needs to define what "employee" qualifies.

It should work because when they take your money they are acting as if they are working for you...

not according to the Lawyer that was on the YNOT Radio yesterday. He said it's perfectly legal to store your records at a secondary location as long as that location was named as the record holder on your site and was accessible. Which means a off site office is fine but not a storage unit.

Wrong Tony, Ron. Tony D, the owner of keepmyrecords.com posts on this board as wesubmit. Tony404 is simply stating his opinion and I believe he is incorrect. According to Eric Bernstein, legal counsel for YNOT, and several other attorneys, this is perfectly legal.

For those of you posting in this thread about the records needing to be at the place of business, take the time to read the entire regualtion, especially where it says the records can be stored by an employee.

"Any person to whom subsection (a) applies shall maintain the records required by this section at his business premises, or at such other place as the Attorney General may by regulation prescribe and shall make such records available to the Attorney General for inspection at all reasonable times.

If the person to whom subsection (a) of this section applies is an organization the statement required by this subsection shall include the name, title, and business address of the individual employed by such organization responsible for maintaining the records required by this section."

Obviously, keepmyrecords.com is the organization employed to maintain the records.

cool stuff i posted this idea weeks ago

i hope it is a viable solution...most info does not need to be given to just anyone who asks for it:2 cents:

Oops, my bad. :conehead

Well my lawyer said that person has to be a employee of the company. Also if keep my records is wrong will they send a lawyer to help their client who thought they were being compliant?

so how much is keep my records going to charge anyway? nothing is listed on their site about a price.

Maybe ask a second laywer, these laws are so vague it always comes down to a educated opinion. That or bring up what the Ynot lawyer has said, to your lawyer and see what he thnks then.

Yes Indeed it is a completely legal way for all webmasters to handle their records. Basically with your records here at our secure location you will simply put the company name, my name and the physical address of the company. In the event a Federal or Law Enforcement Agency needs to see your records they would come here where our staff will assist them throughout the process and then provide a report about the entire review to the client.

Anyone that would like to talk with me further feel free to contact me. Our toll free number is on our site.

Thanks again to all helping out
Tony D

that's correct, and if he keeps your records for you, and you pay him, he is your employee.

Tell your attorney "Thanks" for unnecessarily scaring the shit out of so many webmasters and models via your mouth. Hopefully your legal advice is indeed just too narrow an intrepretation.

Well based that they are vague would you rather have your records at your office in as close to compliant as possible or hope that having them in someone elses office is ok. I wish that was the case this has been a pain in the ass, there is nothing more that I would like then to be able to ship my records off to someone to keep. . Also if they dont keep the records correctly who is reponsible ask Eric that .

I posted this as a thread on my home board and then saw this thread, so I figured I would drop this here...


Hope it helps some folks in their search for sanity in the legalese...

2257 resources I know about. Please add what you know about.

http://uscode.house.gov/DOWNLOAD/18C110.DOC Current 2257 wording on the House of Reps server (you got to look through it cause it is the entire chapter 110 that they have there)

http://www4.law.cornell.edu/uscode/18/2257.html Current 2257 from cornell law (easier to read)

http://www.regulations.gov/freddocs/04-13792.htm 2257 changes as published in the Federal Register

http://2257lookup.com (Brandon's site)

http://www.keepmyrecords.com (Tony's)

http://www.xxxlaw.net First Amendment and Adult Entertainment Law (look for 2257 in their table of contents)

http://www.embalaw.com Eric M. Bernstein & Associates, LLC (the guy that was on with Hammer on YNOT radio)

2257EZ.com My Site

The chance of going to jail is scary shit, this isnt fuck around time.

Just marking my territory.

AaronM was here. :glugglug

Exactly who are you going to trust with your life?

the record keeper has to be the custodian for 5 years.

this is going to weed out many companies:2 cents:

This 2257 thing really needs to made clear.

some lawyers are saying this and others saying that.

what's the deal?

and what is your opinion on this Aaron?

well tony, you have to look how record keeping is done in all forms of business such as tax records and so on. It perfectly legal to store your tax records at off site locations and it looks as if the 2257 can also be stored off site.

I think if it came down to a court room argument, as long as you were not trying to deceive anyone. Then I think you would be fairly safe. The only thing I see as possibly bad in this, is if enough webmasters use something like this. I think it would be more likely that your records would be checked.

What I mean is, if they can go to one location and check 50 companies records, then that's going to look better at the end of the year when they have to do their reports. If nothing else it would be more efficient and cost effective for the govt. But then again when has that ever played any part of what they do lol :1orglaugh

Easy.

It's a law made BY lawyers, FOR lawyers.

Who is gonna benefit the most from this law?

The underage models they claim to be protecting? I don't think so.

The lawyers will make a shitload of money on this one.

Then stop fucking around saying your "opinion" is the law. You have a habit of pontificating on lots of matters for the sake of sounding like someone that is an expert with the definitive answer. Why just yesterday you decided to tell everyone reading a thread in which someone was looking for BBW content that my models did not meet your expert benchmark for qualification as a BBW. Were you trying to hurt my business intentionally so anyone else looking for content wouldn't click on my link or just being more of an expert.

Lots of people have been reading your knowledgebale sounding "opinins" that you state as "fact" and have possibly decided to leave the business because of your statements over the last few weeks. So you are right, this isn't fuck around time mister.

I'm thinking worst case scenario with a service like this is that they can AT LEAST go through all the hassle of databasing all your information and cross referencing the model id's with the image urls and such.
And then they can send you a digital copy of your records that you only need to update moving forward.

And of course they'll have a copy as well to serve as backup in case your records are seized, or there's a fire, or whatever.

:2 cents:

I will be glad to talk with each of your personally and settle your fears and concerns in regards to what is a serious matter. Toll Free number so don't be shy and it is official the basic cost of the service will be $24.95 per month. Other costs will be on a per client basis based on the volume of records, condition of those records etc. There really was no other fair way to price as every webmaster's situation will vary.

Look Forward to speaking in person with anyone interested
Tony D

I have never said my opinion is fact. I have stated what I was told by my lawyer nothing more nothing less. You attacking me has nothing to do with 2257 it has to do with you getting mad because I said your models were not big enough to be bbw. I am sorry if I upset you but they are light for bbw.Also if you dont like opinions this isnt the board for you.If you had a problem with that address it dont use this as an excuse.

Unlike most I really care about my fellow webmasters and dont want to see anyone go to jail . People should be alarmed. To have a flippant atitude when there is a man in charge of the DOJ that spent $8000 to cover lady justices tits is nuts.

WEll that's not what it says in the new regulations:

"...If the producer produces the book, magazine, periodical, film, videotape, computer-generated image, digital image, picture, or other matter (including but not limited to Internet computer site or services) as part of his control of or through his employment with an organization, records shall be made available at the organization's place of business."

I'm just reading it as it's written.

my thoughts exactly, why can't I be your employee?

laws are always subject to interpretation . . . nature of the beast

Pretty nice idea! I think this site will become big very soon!

Now read the next section and it goes into the fact that it can happen. I agree it is contradicting itself but the next section deals with a company such as mine etc.

Tony D

Just one question -- doesn't a contact NAME have to be listed according to 2257?

If so, just where is that on keepmyrecords.com?

I love the idea...but are they *even* compliant??

I like it, but I'd feel even better if it were based outside of the US (thereby making it more difficult for the Ass-troopers to inspect them.)

Pee'ing on AaronM's leg, made mine too.

I think that a company like this, as well as it's clients would and should expect to be inspected often. But that's not a bad thing... being inspected is only bad if you're not compliant, or using illegal content.

This type of service could be the godsend of the amateur models that work from home.