New 2257 Regulations As Published A Few Minutes Ago..

[DamianPPVNetworks]

James posted...
I think this paragraph makes quite a few people sigh with relief:

(b) If the primary producer and the secondary producer are
different entities, the primary producer may certify to the secondary
producer that the visual depictions in the matter satisfy the standards
under paragraphs (a)(1) through (a)(3) of this section. The secondary
producer may then cause to be affixed to every copy of the matter a
statement attesting that the matter is not covered by the record-
keeping requirements of 18 U.S.C. 2257(a)-(c) and of this part.

----

But this is only referring to passing exemptions from primary to secondary... not exempting secondaries!

If I am reading this document correctly, all of us VOD providers (PPVNetworks, NakedSword, MaleFlixxx, AEBN, Hotmovies, etc) will be required to maintain copies these documents. Sounds more like the paper manufacturing lobby pushed this through...

Of course we'll seek legal counsel prior to embarking on this mission, but it smells like that's what we are up against.

Anyone agree or digree?

[NakedMichael]

Lee,

Thanks for alerting everyone. We've been feeling like Chicken Little lately -- no one believed us.

NakedSword has been asking for complete 2257 regs since Gonzalez signed the law last Tuesday. For a site with over 4000 movies with tens of thousands of models from hundreds of studios, it's a daunting task to say the least. Not to mention that many of the studios are unwilling (and perhaps rightfully so) to compromise the confidentiality of their performers. (It seems to make no difference to them that we are keeping the records under lock-and-key in our newly inaugurated 2257 room.)

I'm wondering how other PPV and streaming networks are fairing. In the past week we've made 2257 our top priority and the task is mammoth. I hope that the FSC can get an injunction (many primary producers disregard the new regs), but we're not taking any chances. How's everyone else doing?

Mike

[collegeboyslive]

well i dont know about a room but i have a 2257 filing cabinet

[DamianPPVNetworks]

if you had thousands of movies and hundred of studios like us VOD providers do... you would need more than a "cabinet"....

5,000 movies x 30 pages of docs each = 150,000 pages ....

and we aren't allowed to store it electronically, so we need lots and lots of filing cabinets.... i am looking into ultra-thin paper like they print Bibles on... we are in NYC, floorspace is expensive here.... we arent in North Carolina...

D

[Lee]

and we aren't allowed to store it electronically

Actually, i beleive the rules say they can be stored either electronically or in hard copy.

Ive only been a few minutes though so ic ould be wrong on this LOL

Regards,

Lee

[EonFilms_Rocky]

Okay, here's MY problem. As you all may or may not know, I run a few live cam sites. Here is some dialogue regarding my portion of the business:

Thirty-five commenters also commented that the requirement to keep
copies of each image is impossible to comply with due to the vast
amount of data involved in storing digital images, especially, e.g.,
producers of live streaming video. The Department declines to adopt
these comments. Maintaining one copy of each publication, production,
or depiction is critical to making the inspection process meaningful.
Commercial publishers and producers can reasonably be expected to
comply. Furthermore, modern computer and disk storage capacities make
digital archiving and back-up relatively inexpensive and space-
efficient. Finally, reviewing identification records in a vacuum would
be meaningless without being able to cross-reference the depictions,
and having the depictions on hand is necessary to determine whether in
fact age-verification files are being maintained for each performer in
a given depiction.

Now, we use Emulive to run our streams and our models are located remotely, meaning that they are literally thousands of miles from me, the server or even each other and broadcast from their homes. Currently, the Emulive Server 4 software does not allow recording of the video feeds from the server. Each Producer (cam software) console on a models computer is able to record, but if it is in record mode, the video will not connect to the server or broadcast. So other than setting up a camcorder pointed at a computer screen during live shows, how can I comply with this and record each and every show as it broadcasts?

Rocky

[Lee]

Okay on the face of it, it appears digital records are fine..

(f) Records required to be maintained under this part may be kept
either in hard copy or in digital form, provided that they include
scanned copies of forms of identification and that there is a custodian
of the records who can authenticate each digital record.

Thats good news for us presently, we have a solution in place that will handle this

Id also expect to see a lot of 'database' scripts banging their way into the adult industry over the coming months that are being marketed as '2257 solutions' LOL

Regards,

Lee

[Mamakity]

Okay so basically 1) I have to post my hours that I work (no less then 20 hours).

2) I have to post my address where my records are kept.

How do I go on vacation? What if I'm at conference? And did I miss anything? :notsure:

[EmporerEJ]

Paul,

I think you are missing it. It would allow us to buy your teen content and use it here, but what it would prevent from occuring is out of country talent coming to the states for a shoot without a green card. we could no longer shoot them here if all they have is a passport.

I believe the reasons this rule was implemented was so that the American producer would not have to be familiar with foreign documents. But requiring a foreign model to have legal documents from the US to work here is acceptable to them.

so when Jana Cova comes over to shoot for VIVID, she can no longer work without a work VISA or Green Card.

Where do you get that from???
It specifically states a "government issued photo ID was acceptable INCLUDING a passport."
I would interpret this as acceptable for proof of age.
The international stuff seems to be more of a "no matter where the content is shot, it must comply with our age proofs, to be sold here."
While I don't like it, I do see where they have a basis to say this in comparison to other international laws.

[Huskyhunks]

Ok, I read this thing for an hour and a half and it seems that the DOJ based it's decisions on both the Sundance and Library rulings. They did NOT take the hard line approach to "secondary producer" as specified in the Library case. They accepted the Sundance version of "secondary producer" which is particularly meaningful to myself.

They eased off on the identifying documents a bit and from my understanding, are only requiring one government issued id. That's reasonable.

Indexing of new (post 1995) content seems much less complex if an image will only have to be indexed to one main url. Also, dynamic galleries *seem* to be off the hook for now. That's gotta be good news if your using php, etc.

They used up on the requirements to be at your place of business for only 20 hours a week (your hours) not theirs.

We can use digital means to produce "hard copy".

On the other hand...

VOD, PPV, are now considered "primary" producers. That's alot of people to keep up with. Also webcam and streaming are now specifically included in the regulations. Most will now be considered "primary" producers.

There is no regard for privacy as far as the DOJ is concerned.

All in all, I would have to say that for small businesses, today was a great day. For large businesses, today probably really sucks.

[EmporerEJ]

Okay, here's MY problem. As you all may or may not know, I run a few live cam sites. Here is some dialogue regarding my portion of the business:

Thirty-five commenters also commented that the requirement to keep
copies of each image is impossible to comply with due to the vast
amount of data involved in storing digital images, especially, e.g.,
producers of live streaming video. The Department declines to adopt
these comments. Maintaining one copy of each publication, production,
or depiction is critical to making the inspection process meaningful.
Commercial publishers and producers can reasonably be expected to
comply. Furthermore, modern computer and disk storage capacities make
digital archiving and back-up relatively inexpensive and space-
efficient. Finally, reviewing identification records in a vacuum would
be meaningless without being able to cross-reference the depictions,
and having the depictions on hand is necessary to determine whether in
fact age-verification files are being maintained for each performer in
a given depiction.

Now, we use Emulive to run our streams and our models are located remotely, meaning that they are literally thousands of miles from me, the server or even each other and broadcast from their homes. Currently, the Emulive Server 4 software does not allow recording of the video feeds from the server. Each Producer (cam software) console on a models computer is able to record, but if it is in record mode, the video will not connect to the server or broadcast. So other than setting up a camcorder pointed at a computer screen during live shows, how can I comply with this and record each and every show as it broadcasts?

Rocky

Yes, I saw that as well. I was wondering how you would deal with that?

[EmporerEJ]

All in all, I would have to say that for small businesses, today was a great day. For large businesses, today probably really sucks.

I don't think ANY day that further restricts free speech in ANY manner is a "great day" for anyone. Don't fall into the trap of saying, "gee I'm glad they didn't fuck me worse."

That's exactly what they hope you will do.
The whole thing is "too far."

[EonFilms_Rocky]

Yes, I saw that as well. I was wondering how you would deal with that?

Not to mention that my sites (except one) are voyeur sites. Does that mean I have to record 24 hours a day???

Rocky

[Lee]

Lee,

Thanks for alerting everyone. We've been feeling like Chicken Little lately -- no one believed us.

NakedSword has been asking for complete 2257 regs since Gonzalez signed the law last Tuesday. For a site with over 4000 movies with tens of thousands of models from hundreds of studios, it's a daunting task to say the least. Not to mention that many of the studios are unwilling (and perhaps rightfully so) to compromise the confidentiality of their performers. (It seems to make no difference to them that we are keeping the records under lock-and-key in our newly inaugurated 2257 room.)

I'm wondering how other PPV and streaming networks are fairing. In the past week we've made 2257 our top priority and the task is mammoth. I hope that the FSC can get an injunction (many primary producers disregard the new regs), but we're not taking any chances. How's everyone else doing?

Mike

I can imagine this being a logisticall nightmare for PPV providers, all of you really do have y sympathy in respect of these new regs.

Regards,

Lee

[Huskyhunks]

I don't think ANY day that further restricts free speech in ANY manner is a "great day" for anyone. Don't fall into the trap of saying, "gee I'm glad they didn't fuck me worse."

That's exactly what they hope you will do.
The whole thing is "too far."

Well, considering that I'll still have a business is a great day to me...

That doesn't mean that I agree with everything the DOJ had to say. They did make some valid arguments but I found the disregard for our personal safety a bit chilling :eek: