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2251 vs 2257 vs giving out IDs vs...
Not trying to accuse someone specific here, but lets take a look at the laws:
Violation of 2257 - up to 5(?) years Violation of 2251 - not less than 10 years ++ (US - and similar laws in mostly all countries) If you look more detailed at 2251, that means you can get locked up for a loooong time, if you advertise websites which involves a minor engaged in sexually explicit conduct. I think models security is first priority, but what I don't understand is that giving out the impression that 'converting' everything into SC or use FHG should make affiliates safer? Yeah, they can't come for you for 2257 violation, but if violate 2251 you are in even more deepshit....an advertised textlink is enough. Make some changes on promo, continue business as usual, convert free sites into "get away with it from 2257".... do whatever, but dont forget 2251! Most of this business has been based on trust. The affiliate trust the sponsor that his content is legal, and the sponsor trust his affiliates in not promoting his content as underage. But in the end, that trust is worthless, if you end up in court and can't convince the judge. Probably this is why, except for also killing the industry, they made those new laws to prevent a business based on trust. No more "hey - she looks legal"... That leads to my questions; - How many affiliates have actually asked for IDs before the new 2257, to assure that the models/paysites they promote are 18+? - How many requests have sponsors/producers received, and given out IDs voluntary to affiliates? - If most of you can say zero or few on the two questions above, don't you think that is reason we would end up, sooner or later, where we are today? The problem is that most affiliates don't have/had the nerves to ask for IDs to assure he is doing the right thing. Especially if you are a "small fish" and dealing with the "big guys", and further if he states that "we will NOT give out IDs." They might be afraid of getting answers like "thats our policy, if you dont like it, dont promote us". - or they are afraid to offend the sponsor with requests about "suspicious" content. Its not a good feeling to ask, but at a professional level I would say it is necessary and such affiliate should be taken serious. Its not the same thing as "send me some signups and I give you pass :) " - "give me a pass so I can send you signups :upsidedow " . If you advertised and made a signup to a site that turns out to have minors, then its too late! Dont know what is your thoughts about this: Would you as sponsor hand out ID, not because of 2257, but if someone would assure they are not violating 2251? Plan B - If privacy is the reason for decline, would it not be a good thing to make paper contracts between sponsors and affiliates that would hold in court, in 2251 cases? |
Interesting!
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im not getting into 2251 convos. i don't know anything about it like i do about 2257. props on digging deep in the crates of the law. i am interested to read the armchair lawyer comments though after people google it, read it too fast to understand it, and then spew information here to be taken as fact.
you do, however, sound pretty educated on it, so this statement is not javellined in your direction |
Quote:
(1) Any person who, in a circumstance described in paragraph (2), knowingly makes, prints, or publishes, or causes to be made, printed, or published, any notice or advertisement seeking or offering? (A) to receive, exchange, buy, produce, display, distribute, or reproduce, any visual depiction, if the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is of such conduct; or (B) participation in any act of sexually explicit conduct by or with any minor for the purpose of producing a visual depiction of such conduct; shall be punished as provided under subsection (d). (2) The circumstance referred to in paragraph (1) is that? (A) such person knows or has reason to know that such notice or advertisement will be transported in interstate or foreign commerce by any means including by computer or mailed; or (B) such notice or advertisement is transported in interstate or foreign commerce by any means including by computer or mailed. |
This is an important matter actually.
I did ask to one of my sponsors in 2 different occasions for Ids of models. Not because of 2257 but because of 2256. Just wanted to have something to prove age in case I get a knock on my door. I used two different email addresses to make sure my request would get through but I never received a single answer. I may be at the top of his affiliate pyramid, if not his #1 afiliate traffic provider. The lack of response has gotten me restless though. |
thanks dane. saved me looking that up.
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