2257 ID question

[GayGeek]

Got a question for y'all.

I'm a retired porn producer who is considering getting back into the business. I am based in the USA, but do most of my production overseas (8 different countries so far). I love working with models from around the world, and am always happy to have an excuse to leave my stuffy office and wander around the world.

I digress. I thought I recalled the newly-revised 2257 rules that came out last year having some new restrictions on the types of foreign IDs that US-based producers are allowed to accept.

Can anyone elaborate on this? Historically I have accepted any government-issued ID (driver's licenses, internal and foreign passports, etc.). If the rules regarding what IDs are acceptable have changed, I'd better find out fast.

Thanks!

[basschick]

i suggest you read the law, but don't expect too much help there as apparently even the DOJ felt it was in the overly broad category. it appears at a glance that u.s. producers would not be able to work with non u.s. models but read it for yourself. it's clearly stated, just not very defined.

[gaybucks_chip]

The key is the language "located outside of the United States." In a remarkably poorly worded phrase, the 2257 regs indicate something to the effect that "if both the producer and the model are "located outside of the United States" then a US ID or work visa is not required.

There is correspondence between the FSC and the justice department which may or may not be binding that says that "located outside the United States" means "outside the US at the moment the content is shot" rather than "residing outside the US." Prior to that, some attorneys were indicating that US residents could not shoot foreign models at all unless they had a US ID or US work visa.

Assuming the commuinication from Justice to FSC holds up, you can photograph a non-US model if you and the model are both outside the US, and use the identification documents listed for non-US models. I believe that is a government-issued ID such as drivers license or passport. An earlier version of the regulations required only a passport, but I believe that was changed before the final regulations were issued.

[Jeff&Deaw]

GayGeek:

We produce outside the US and based our our discussions with legal GayBucks-Chip has summed it up nicely.

Jeff

[GayGeek]

Thanks for the fast responses. As always, y'all are a wealth of knowledge.

South America here I come!

--Aaron

[basschick]

considering that the DOJ hasn't put anything in writing, don't you think you should at least talk to a lawyer? maybe larry walters? most of our adult industry attorneys do phone consultations....

[gaybucks_chip]

The "located outside the US" clarification is in writing, it's in correspondence between FSC and Justice over the issues raised concerning the injunction. I should *think* that Justice would have a hard time denying the interpretation given in writing by one of its staff acting with apparent authority in communicating with the FSC.

However, as to whether it really is binding or not... who knows? I agree with Patti that it would definitely be wise to get a consult with one of the adult industry specialists on the issue and, ideally, something in writing from them. At least if you show you acted with due diligence on advice from counsel, you're less likely to have problems even if Justice tries to later change the rules.

[basschick]

so far none of what is going on between the fsc and the doj is binding - so says the articles i read. heck, even the actual court order hasn't been binding so casual discussions on paper and tentative agreements that have not been signed, sealed and delivered will be wide open for change before they are solid.

worst case scenario is that precedent is what will finally clarify things - which means someone or several someones will be indicted and jailed and tried in order to define things.

The "located outside the US" clarification is in writing, it's in correspondence between FSC and Justice over the issues raised concerning the injunction. I should *think* that Justice would have a hard time denying the interpretation given in writing by one of its staff acting with apparent authority in communicating with the FSC.

However, as to whether it really is binding or not... who knows? I agree with Patti that it would definitely be wise to get a consult with one of the adult industry specialists on the issue and, ideally, something in writing from them. At least if you show you acted with due diligence on advice from counsel, you're less likely to have problems even if Justice tries to later change the rules.

[chadknowslaw]

Enough of the scary talk.


I watch these 2257 threads and hold off on posting because I make a living from consulting companies on legal issues like this. However, when the confusing information starts to get posted I have to step in.



(b) Picture identification card means a document issued by the United States, a State government or a political subdivision thereof, or a United States territory, that bears the photograph and the name of the individual identified, and provides sufficient specific information that it can be accessed from the issuing authority, such as a passport, Permanent Resident Card (commonly known as a “Green Card”), or other employment authorization document issued by the United States, a driver's license issued by a State or the District of Columbia, or another form of identification issued by a State or the District of Columbia; or, a foreign government-issued equivalent of any of the documents listed above when both the person who is the subject of the picture identification card and the producer maintaining the required records are located outside the United States.



Those are the exact words from the Regulations, not an interpretation or letter or FSC mailing.

The interpretations and letters involve that last sentence, which is "when both the person who is the subject of the picture identification card and the producer maintaining the required records are located outside the United States."

The consensus opinion of those of us who are licensed to practice law and choose to practice in the adult industry is that if the shoot takes place outside of the United States a government-issued ID is acceptable, such as a Brazilian state ID card or an Italian Drivers License.

If you have a budget to leave the country to shoot scenes, you should have the budget to get legal advice.

[gaybucks_chip]

Thank you, Chad