Quote Originally Posted by sc32803 View Post
I find this thread kind of confusing.
You aren't the only one confused by 2257. I have read and re-read the regulations and they are among the most poorly written and confusing regs ever published.

If the answer is no then it would seem that the whole affilate/sponsor business model is a sham unless you only use text or G-rated images, or only link to the content on the sponsors site... or just decide to roll the dice with 2257 and publish the content on your own site, as it seems a gazilion webmasters are doing.
That isn't completely correct, but close. For the moment -- until 30 days after the final regulations enforcing the Adam Walsh Act (USC 4472, the latest incarnation of 2257) are published -- many people (i.e., affiliates) who are not content producers are relying on the older 2257 regulations, which did not require that a "secondary producer", as the old regs called it, have actual records, only contact information for those who do have the records.

When the regulations for 4472 become law, then anyone who has explicit content on his website (i.e., content that appears on a webpage with a URL at the top of the page that he owns) will be required to keep records. Keep in mind also that 4472 now classifies certain types of content, such as
nudity with erections but no touching, simulated sex, and certain other things that were previously exempt as explicit, so you have to be even more careful about what you are posting.

I suspect that most affiliates are just pretending the whole issue is going to go away and/or hoping that the FSC will get the regs struck down before they go into effect, but ignorance, particularly if you're just starting in the biz, would not be a well advised approach.

Also, for clarification, although the wording of the law doesn't say so, the inspectors for the FBI handling the 2257 inspections have said they don't intend to be as strict as Patti has indicated; they've indicated that if you have a vacation or an "out to lunch" sign on your place of business, they will simply come back when you're open.

As for records, some sponsors provide them and others do not. Those sponsors who do not provide records generally offer hosted ad tools, which are intended as an alternative to requiring affiliates to have mess with 2257 records.