Gut Feeling On 2257 Enforcement?
 

i finally gave in - i was always one as a kid to succumb to peer pressure so it's time for my 2257 thread.

as most people know 2257 has been around a long time and was never enforced - i've yet to hear or see of any XXX movie studio, web company,
content provider/producer who has ever had that knock at the door for a 2257 compliance inspection.

i think with these yahoos in government most people are pretty sure there will be some activity. but how much? do you think there's already an order from the Attorney General to do a certain number of inspections within a certain period of time? 100? 200? 500? whacha think - how widespread is this attack on porn going to be?

i have no idea.

You are right there hasn't ever been even an ispection. even with Bush being in office for over 4 years. Now ther emight be some inspections becuase of the new rules and once they get going after people and not finding any underage chicks in legitimate porn they'll stop wasting taxpayer money.

George Bush is going to put all of us out of business. He's just taking his time doing it.

2257 is the end of the world, the sky is falling, get out now while you can!

Well, this is a great question, and we need to look at the logisitics of it.

DOJ brings in entry level people to knock on doors to inspect. They gotta be getting 40K a year or so in salary, right? And if they all live in Washington, DC...there's travel and living expenses to be covered...so let's say there's 10 DOJ guys doing this, they're at what...1 million a year to enfoce 2257?

And assuming there's 10 guys, how long will it take before they knock on your door?

Imagine how long it's gonna take to inspect, say, JUST Anabolic's records for the last few years...or Red Lights.

So what does this turn into...a lottery? If you get picked for whatever reason...you better be ready.

And geographics. I mean, if you're in, say, Seattle....but the DOJ knows the majority of the biz is in LA...does that mean you're "safe" in Seattle, but if you're in LA, get ready?

Really, when you start thinking hard about this, it almost makes your head spin.

They are already understaffed. There is no way they could hope to ever inspect everyone. I'd expect them to hit larger companies, companies that promote teens, or companies that someone brings to their attention.

Thank God McDonalds is hiring.

What if they were to go after 25-50 of the biggest adult companies (online and off) in a set of raids across the country. The trickle down fear after that kind of bust (and they will find reason to bust some people) would shake up the whole industry.

The whole industry eh? Do you mean the whole industry located in the United States?

To answer this question, Ashcroft was supposed to report to congress each year with a report on 2257 compliance, number of inspections, prosecutions, and so on. The following year his office failed to do so and instead showed up with revisions to the code. So we can pretty much safely bet the new AG will not wish to show up again in front of congress each year empty handed.

I am leaning more towards an operation such as what was conducted in the 80's with miporn. Right after the regs go into effect a fairly massive and well organized swoop in coast to coast of a pre-compiled list of companies all on one day, and if history is a guide it will be on friday as well.

What if this, what if that. We are ready just in case.

I'm going to booby trap my doors and windows and make them come in after me. I'm going out like a SOLDIER!!!

I think it was said before that they've hired way more than 10 attorneys for this task force. One would think they they would have at least 10 foot soldiers/door knockers for each attorney. :2 cents:

IMO, it'll be like online pharmacies. With the limited resources the various federal agencies have already, they'll be forced to go after blatant violators..ie.. providers with no 2257 statements or custodian of records contact listed. Even then, sounds to me like another effort by government to enforce the border, the end to the war on drugs, stopping file-sharing. etc.. etc..

i suspect they will be going after small webmasters, too - because the government guys will look good if they can win on some of these cases fast. so those of us who can't afford the lawyer bills - and they'll be hefty - will have to take a plea. and then the gov can say "we closed X many pornsites" - it would cost them the least, and get some precedents going.

Mutt,

Do not worry we are ready and getting excited to start enforcing

To anyone interested in "guesstimating" the likely effect of 2257, I would say look beyond the plausible number of inspections, and look beyond the number of actual prosections likely to result from such inspections.

Obviously, for a company to find itself the direct subject of DOJ interest is the worst way to be affected by 2257. But let us not forget the lessons of Nipplegate. Only CBS/Viacom was fined -- but how many other companies were ultmately "touched" by what CBS/Viacom did, for having to worry about FCC actions, as mere contingencies.

We need only to look at the thread activity on this board since the law was signed last week to know that we are already being affected. The disruption of "business as usual", simply for having this all to think about, could easily prove more costly to the industry -- in preemptive legal fees, anticipatory reconfiguration of operations, and the consequences of appearing to other businesses (outside of Adult) that we are under siege and a liability to work with.



I'll quote myself from XBIZ

j-

Good point. http://www.gofuckyourself.com/images.../xyxthumbs.gif

This is correct imo. They already took on Larry Flynt, and lost eventually. This time around they will take on the second tier of porn. If you use your home the'll will use RICO to seize it, as they did in the Virginia case. If your wife helps out sometimes they will threaten her with 5 years in prison, further encouraging you to make a deal.

It doesn't really matter who wins, you loose.

my gut feeling is that you will not see random inspections.

you will see targeted inspections of producers they want to pinch.

and the 2257 violation will be the leverage needed to get the plea.

you have to understand something, this isn't going to be brain surgery.

all they need to do is go to the web, see that ex: iforcedfuckedmygirlandmadeherdrinkpiss.com does not have proper 2257 posted on his site, and they go visit him.

they already know he has a technical violation of 2257 by just going online and looking at his site.

and the thing about flying enforcement agents all over the country?

no, each state has it's own federal offices, by district.

the 2257 busts are EASY to get done.

no, so call "porn" isn't going anywhere. too many ordinary people want to buy it.

people in $1000/night suites at AAA hotels with pay per view, and homeboxoffice, and the spice channel, etc etc etc.

but "porn" that is unpalatable to ordinary people (not mainstream fucking and sucking) but nasty degrading shit, will be forced from the landscape (for a while).

How about everyone doing biz with a company from the United States?

2257 violations --> obscenity pleas --> RICO --> seizures --> filling government coffers

When looking at the past doesn't help predict the future just look at the revenue trail.

I dont think that they will go after someone like CE, Adult.com or the bigger guys. They will go after the easier targets. The ones that dont have the money to defend themselves, and more likely do not have the paper work together.

You are not out of reach because you are Canadian, but only because YOU are a small fish ....

You mean..

The GFY'ers?

Good stuff, we need rid of the noobs and hobbyists in this industry :thumbsup

Regards,

Lee

yes, and people should know what got them pinched.

rough sex "rape" videos.

So it's your contention that these men were Canadian Citizens being extridited to the US to face charges OR were these NOT Canadian citizens and your example is as useless as most of what you post?

Canadians can't be extridited to face charges in another country for something that's not a crime in Canada. That is, if Turkey passes a law that it's illegal to have a website period, Canada won't be deporting me there to face charges.

Try for once to be relevant.

I thought Acacia already took out online adult?
Oh shit, thats right, alot of you weren't here for that!
Oh well.

good point. it is my understanding the the people extradicted were usa citizens doing business in the USA before they moved to canada.

Shhh, don't tell Direct Fiesta. He's busy hiding out from China, because after all it's illegal to be involved with a porn website in China. Any day now the RCMP should be rounding him up for extradition.

A sudden shift of economic tide...
better find anophther job early on guys!

I think you're all going to jail. All 2257 of you.

Not to mention all the damn visits from '.gov' I see 403'd in my logs all the time. From D.C. congressional offices to overseas state departments, even the government wants porn but won't openly admit it.

Personally I don't think there will be a lot of surprise inspections.. I'm thinking this will be used to go after what they consider obscene content sites.. Before they didn't win many case on obscenity so this will be their way of winning these cases.

agreed.

get'em on a technical violation ostensibly looking for child porn, then trade that conviction for an obscenity plea to please congress.

politics in action.

Some of what Gonzales wants will have to be cut from the regs..

There are some proposed laws that the 'powers that be' know can't be enforced and must be tweaked... Being an affiliate of PE Cash, I would be required to have records of every performer in every video sold on the sponsor's site.. This is impossible and not even feasible.. So I can see some of G.'s wants and wishes pulled before it's a go.