2257 Question List

Okay i have emailed several adult industry law firms as well as spoken to a couple of lawyers on AIM in the past few minutes and in order to put a cost together for a 2 hour chat session we will need to provide them with a brief list of questions that they can answer.

As such please post any questions you may like to ask them in the chat once it is ready to run in this thread.

ONLY post questions relating to the recent 2257 developments in this thread as answers to questions WILL be removed.

Regards,

Lee

I have a few specific questions.

1. Will the new rules be retroactive, or only apply to images that are uploaded/published on our sites on and after the new rules?

2. Regarding 'normal business hours' of 8am-6pm... are weekends, holidays, sick days and/or vacation days ok to not be available for inspection?

3. For Thumbnail Preview TGPs... if we are only using a thumb to link to a page/gallery... what specifically will we need to do? Will we need to obtain and keep record of the required information for the pics on the galleries that we link to?


I am sure I will come up with more questions, but my desire to learn is geared towards how to be certain that I am compliant rather than looking for ways to not have to be compliant. So, I am already making myself compliant, but those two questions are important, I think.

This is really great of you to do... will this be a chat that anyone can participate in? Or at least watch it happen...

are i.d.s with the models' addresses blocked useable legally for 2257 info?

does the 30 day grace period following august 24th include everything in the new regulations?

do the new regulations apply to pics like guys wearing socks and underwear that are not touching their genitals or buttocks in any way?

Havent heard of this 2257 regulations thing? :egypt:
But here is one:
Im not from the US, but im all my stuff is hosted in the US. Does this regulations affect me aswell?

Ive just heard back from Joe Obenberger he wont be able to help us on this.

Still waiting for a response from 6 other adult industry lawyers though :thumbsup:

Regards,

Lee

FoZzI - probably you should talk to your host.

Lee - too bad about joe - he would have been my first call.

Will the log of this session be made available? Or is it one of those "you have to be there" things?

My questions (maybe not for the lawyers)...

How likely are the new regs going to be enforced?

Has anyone been in trouble for not following the old regs?

Questions:

-If I use a text-only link to sample videos hosted by AEBN or Naked Sword, am I considered a Secondary Producer?

-Am I a Secondary Producer if I have links to live shows?




Any updates on whether these chats are going to happen?

As of right now i have only had negative responsoes to holding a chat :(

Im hoping that one of the last four lawyers i am waiting to hear from will be able to help us out on this though :)

Regards,

Lee

This was mentioned in the other thread so perhaps it should get on the list.

1. If a content provider or paysite that resides 100% out of the United States jurisdiction hosts all promotional material, banners, free galleries, etc on their own server that is also out of the USA are you still required to have the 2257 records?

1.
Will self-employed models who operate a live webcam out of their bedroom have to list their home address on their 2257 page?

If not, would they have to if they had friends (aka guest performers) over to be on cam with them?

2.
Does the URL database have to contain every single photo URL both old and new, or can the URL's be deleted from the database as the photos are pulled offline?

3.
Considering the new responsibilities secondary producers have in record keeping, what can happen to them if a sponsor/provider (primary producer) falsified the documents given to them, and unbeknownst to the secondary producer, underage models were shot?

4.
Are the common types of foreign photo ID's valid forms of 2257 age ID?

5.
Must 2257 and URL info be kept for models appearing only in banner ad's?

6.
Secondary producers have commonly been printed on their 2257 page simply one big listing of all the primary producers they've used, and not linked any photos to the specific producers they belong to. No way of knowing what photos were produced by whom.

What if a secondary producer now carefully linked each individual photo's specific primary producer's address along with each photo instead of their own address (and also didn't keep any records)?

7.
Can record keeping improvements that benefit both the government and webmasters be made to these regs by webmasters even if it means not following the "official" rules?

For instance, a system of digital watermarking by the primary producer that declares who the producer is (or the URL of such info so it can be kept current) and a model ID number for quick lookup by the producer at their office, thus eliminating the need for secondary producers to keep specific records at all.

Matt 26z - i have the answers to a couple of these.

3. Considering the new responsibilities secondary producers have in record keeping, what can happen to them if a sponsor/provider (primary producer) falsified the documents given to them, and unbeknownst to the secondary producer, underage models were shot?
they're fucked. check your i.d.s carefully to be sure that they look like the model in question, and if a model looks 14, probably best not to use him unless you really trust the content provider in question,

4. Are the common types of foreign photo ID's valid forms of 2257 age ID?
no. in the new regs, it specifies that only passports are valid i.d. for non u.s. models.


5. Must 2257 and URL info be kept for models appearing only in banner ad's?
if they are sexually explicit, yes.

i recommend that you read 2257 and the new regs. as one attorney i spoke with said, a lot of it is very straightforward. some is pretty vague, but parts pertaining to some of your questions are very specific.

Im un-stickying this thread as it doesnt look like it will be possible to get this chat going as not one of the adult industry lawyers i contacted was able to respond in a positive manner, or in some instances, were unable to respond at all to my emails :(

Sorry folks I tried :(

Regards,

Lee

thanks for trying Lee, I think it is very important that we keep these threads going to help each other out. This new 2257 stuff is killer!


cheers,
Luke

did you try ron katsky?

Quote:

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Originally posted by basschick
did you try ron katsky?

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Which firm hon?

Regards,

Lee

you've got a pm.

I'm sorry to see that you were unable to work this out Lee, but our guest on The Porn Professors this coming Tuesday will be attorney Eric Bernstein and we will spend the entire show discussing 2257, old and new. I will be happy to make sure all of the questions in this thread get asked. Everyone is also welcome to join us in the chat room during the show and in case we miss a question you can post it there and we'll get to it.

The Porn Professors airs at 3:00 ET, 12:00 noon PT at http://www.ynotradio.com

The show is normally an hour long but we will run as long as is necessary this week to be sure to cover everything. We will also be making a very important announcement about the record keeping issues of the new regulations that I'm sure will alleviate a lot of anxiety.

Here's another one.... The normal business hours thing.

Some people are saying you MUST be at that location during those hours in the event they should show up.

I don't read it that way. I read it as if they were writing into the regs a certain time the agents were allowed to show up, but not necessarily forcing you to run your business during specific hours.

Hey Everybody I've been out of the loop for a month or so, but I am back. Can someone point me to where the new 2257 info is. Since I am still getting my feet wet in this business I don't want to mess up now. Thanks for y'alls help.

TonyK

TonyKink - here's the shorter version (it ain't short)
http://www.regulations.gov/freddocs/04-13792.htm

and here's the full regs
http://www.avn.com/imagearchive/10/68/50/1068502257.pdf

secondary producers (ie: webmasters) will need to act as custodians for i.d. and will have to have documents cross referenced alphabetically by url. and there's more...

Thanks basschick. I guess I got some reading to do! :wtf:
Take care...TK