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New Rules On 2257
Full text can be found at: http://www.regulations.gov/freddocs/04-13792.htm
Here are some major points that pertain to webmasters as secondary record keepers:
a.. Internet Definitions. To bring the regulations up to date with the 2003 Amendments, the definition of a producer has been modified in proposed 28 CFR 75.1. Persons who manage the content of computer sites or services are considered secondary producers.
a.. A secondary producer is any person who produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues a book, magazine, periodical, film, videotape, a computer-generated image, digital image, or picture, or other matter intended for commercial distribution that contains a visual depiction of actual sexually explicit conduct, or who inserts on a computer site or service a digital image of, or otherwise manages the content of a computer site or service that contains a visual depiction of, actual sexually explicit conduct, including any person who enters into a contract, agreement, or conspiracy to do any of the foregoing.
a.. Proposed 28 CFR 75.2(a)(1) would require computer site or service producers to maintain a ``hard'' physical or electronic copy of the actual depiction with the identification and age files, along with and linked to all accession information, such as each URL used for that depiction. This ensures that all of the data about all of the people in the depictions can be accessed to ensure that none of the people in the depictions are minors.
a.. A producer who is a secondary producer as defined in Sec. 75.1(c) may satisfy the requirements of this part to create and maintain records by accepting from the primary producer, as defined in Sec. 75.1(c), copies of the records described in paragraph (a) of this section. Such a secondary producer shall also keep records of the name and address of the primary producer from whom he received copies of the records.
You best keep up with this.
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This is definately important information that everyone needs to see so.. bump ;)
Regards,
Lee
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hehe neat. I was workin on 2257s today in fact. so this post was timed well for me
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The new rules are not law, that is proposed legislation only
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It's a good thing you pointed that out Rick, before a bunch of webmasters went running around higgly piggly making changes. ;)
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I've seen people running around like Chicken Little as if the sky is falling. Half are acting like 2257 is a brand-new law, the other half are panicking that all their documentation isn't up to date.
I've seen web board lawyers giving advice that would work well in a comedians' repertoire.
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the problem is that if we wait to see if this part of 2257 passes, we won't be ready for it. if we aren't ready for it, we can go to jail. it will take a lot of people quite a while to organize and to get all the i.d.s.
"oh, sorry, officer. my sponsor said the i.d. would be ready for us next week" probably won't work too well.
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Maybe someone can clafify this...
some people are saying that this isn't a change but merely a further defining of the rules and as such is open for public discussion but then becomes law in 60 days... others are saying its a proposal that requires passage... so which is it?
From what I have seen on the law sites, this comes into effect in 60 days unless there are major changes that come from the public input.. but i ain't no lawyer so..
Ian
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it is additions to the existing law. previously secondary producers did not have to hold the i.d.s. there is also some clarification of terms.
http://www.avn.com/index.php?Primary...tent_ID=107185
