i just talked to an attorney about 2257

[basschick]

he was referred to me by a large content provider, and seemed very well acquainted with 2257.

he feels that the bottom line is risk. if one wants to take as little risk as possible, then one must use their PRINCIPAL place of business as custodian and follow all labeling for the website as described by the new law. you must have your name on your website as the custodian of records.

EVERY DAY mon-fri, you must have someone at that principal place from 8am to 6pm. if you take off to go to the bank, someone should be left there during that time who is capable of giving any law enforcement officials what they need in a timely fashion.

all of this has always applied to the primary producer as custodian. the only difference is that now it applies to secondary producers.

anything else is not according to law, and you can get into trouble - even do up to five years.

[Lee]

Yep ultimately everyone is going to have do their own business risk assesement whether they do it correctly or not is their call but i know what my choice would be

Regards,

Lee

[thetwink]

Originally posted by basschick
he was referred to me by a large content provider, and seemed very well acquainted with 2257.

he feels that the bottom line is risk. if one wants to take as little risk as possible, then one must use their PRINCIPAL place of business as custodian and follow all labeling for the website as described by the new law. you must have your name on your website as the custodian of records.

EVERY DAY mon-fri, you must have someone at that principal place from 8am to 6pm. if you take off to go to the bank, someone should be left there during that time who is capable of giving any law enforcement officials what they need in a timely fashion.

all of this has always applied to the primary producer as custodian. the only difference is that now it applies to secondary producers.

anything else is not according to law, and you can get into trouble - even do up to five years.

I've read you post in the past that you have produced your own content for some of your paysites. So, how are these new rules any different for you? It seems that from reading your posts here and at AWI that you seem to be really concerned about having someone there on holiday's, lunch breaks, etc. but shouldn't you have already had plans in place for this, since you have been a primary producer of some of your content?

That reminds me, what did this attorney say about Holidays?

[basschick]

you're mistaken - i am not a primary producer. my partner produced the content. i have only been a secondary producer till now.

holidays are not tehcnically business hours, and he felt it was fairly safe.

[basschick]

something you might want to keep in mind, thetwink, is that what a lawyer tells us is based on the letter of the law and on previous court experiences in enforcing that law.

what this means to us is that differently judges could interpret some parts of any law that are not spelled out differently from each other. so any time a lawyer tells us things, there are no absolutes.

also there are cases like mike jones' (l&m content) - he had every i.d. and was still arrested and charged with (as i recall) suspicion of cp. even though every model was proved at great expense to be over 18, court is not over for him. it's been years.

[thetwink]

Originally posted by basschick
you're mistaken - i am not a primary producer. my partner produced the content. i have only been a secondary producer till now.

holidays are not tehcnically business hours, and he felt it was fairly safe.

I'm confused... up until now, weren't secondary producers required to keep documents as well? I know that the company I work for has been considered secondary prodcuer because of the fact that they contract producers to shoot exclusively for them. The big changes with the new rules are that most of us will be considered secondary producers now where before most of us were not.

I understand what you say in your next post about how not all lawyers will interpret these new rules the same, and that some precedents will need to be set for any solid opinions to be made, though.

[Dawgy]

Originally posted by basschick
something you might want to keep in mind, thetwink, is that what a lawyer tells us is based on the letter of the law and on previous court experiences in enforcing that law.

what this means to us is that differently judges could interpret some parts of any law that are not spelled out differently from each other. so any time a lawyer tells us things, there are no absolutes.

also there are cases like mike jones' (l&m content) - he had every i.d. and was still arrested and charged with (as i recall) suspicion of cp. even though every model was proved at great expense to be over 18, court is not over for him. it's been years.

which proves what we all know - the laws in this country come secondary to the personal beliefs of those we entrust with enforcing and upholding those laws.

[Lee]

Also, dont forget that what many lawyers tell us thy do so because specific laws havent been challenged in the courts yet.

Of course nobody wants to be the person who has the test cases in striking down many of these utterly useless laws so in the end we will probably get stuck with them until such a time where there is somewhat of a legal challenge to them at which time, the chances are that they may change yet again

Regards,

Lee