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All Forums > The Porn Pool > The Porn Pool Forum Page 630 > 2257 Changes - What Are Porn Studios/Talent Doing?
AuthorPost
*Mutt*
Deactivated User

752 Posts
8/03
Posted - Jul 21 2004 : 7:26PM
i do biz with alot of webmasters and it appears to me 95% of them are ignorant of the draconian changes in the 2257 law coming up shortly or are going to bury their heads in the sand. What are the LA movie studios doing? I've seen very little written about what the studios or porn talent are thinking.

Are porn girls aware that their privacy is going to be put at risk by Ashcroft's new changes? That a studio that licenses its DVDs to web companies will have to give anybody who licenses a DVD copies of your model id's. Does this also apply to video store operators, both brick and mortar stores and online retailers?

Also if you read the new 2257 it's very vague about talent from outside the US. It's possible if you read the thing literally that American companies will not be able to use European or Canadian talent for that matter. Nobody seems to have a clue about that part of it, it may just have been worded badly.

the changes are more directed at the Internet but still changes must be made by the movie studios, especially those who run sites of their own or license/sell content.

Edited by - *Mutt* on Jul 21 2004

Scott Kinney
xxximports.com

New Jersey
369 Posts
5/02
Posted - Jul 21 2004 : 8:05PM
From 75.7 part (b)
"If the primary producer and the secondary producer are different entities, the primary producer may certify to the secondary producer that the visual depictions satisfy the standards...."
What parts caused you to think that?

Scott Kinney
Diversified Video Associates
www.xxx-imports.com

Saki
At-Large

2087 Posts
11/99
Posted - Jul 21 2004 : 8:34PM
In the definition section of the proposed rule change it says: "(b) A producer who is a secondary producer as defined in § 75.1(c) may satisfy the requirements of this part to create and maintain records by accepting from the primary producer, as defined in § 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 ." [emphasis added]

When combined with the record indexing and inspection requirements, and the wording that copies of the records must be kept with each and every image, this would mean that a "secondary producer" might have to keep, say, 100 copies of the records for each performer depicted in 100 digital photos or screenshots shown on the secondary producer's website.

Also, 75.7(b) only refers to the exemption statement that the performance occurred before 11/1/90 or that the acts were simulated. In that case, the secondary producer can in essence use the primary producer's word that the exemption exists. This section does not refer to any other part of 2257.

The definition that defines identification states that the ID must be able to be verified by a state authority or the U.S. State Department. That seems to be okay for passports, but perhaps not for other identification cards that talent may use, especially if it's the producer traveling to a foreign country.

I don't think that will be an insurmountable problem to overcome, but it's vague enough (the term "foreign passport" appears only once as an example) to be unclear exactly which forms of identification are not acceptable.


- Saki [faqs]

Edited by - saki on 7/21/2004 8:34:36 PM

*Mutt*
Deactivated User

752 Posts
8/03
Posted - Jul 21 2004 : 9:45PM

Scott definitely hasn't read the new changes - nobody is putting up any legal opposition so these changes become law in September.

if Bush gets re-relected, hopefully not, but if he does then you can expect a long line of pornographers and webmasters going to jail. from a webmasters' point of view, the new changes are beyond what is possible for many people. Ashcroft has vowed that 2257 will be enforced. If Kerry gets in these changes will be on the book but I dont think his administration will enforce it.

*Mutt*
Deactivated User

752 Posts
8/03
Posted - Jul 21 2004 : 9:58PM

from AVN

Prominent First Amendment attorney (and AVN/AVN Online legal columnist) Clyde DeWitt has written a commentary on the proposed regs which will appear in the August issue of AVN Online – but considering that one attorney has estimated that less than 5% of adult video companies are in full compliance with the current 2257 regs, and it’s impossible to tell how many Webmasters are in compliance – if you guess “less than 5%, you’re probably not too far off – it’s never too early to start thinking about what it will take to be compliant with the new ones, because rest assured, these WILL be enforced!

Some points to watch out for include:

IDs: Some forms of identification commonly used by models and performers are no longer acceptable. According to the new regulations, the only forms of identification that can be used must A) have a photograph of the individual, and B) must be “part of a system of records that can be independently accessed to verify the legitimacy of the identification card.” Driver’s licenses are fine, as are passports – U.S.-issued ones, at least; it’s unclear whether non-U.S. passports will be acceptable – but now “off the list” (what list?) are Selective Service cards, college ID cards and any other form of identification that doesn’t meet the above requirements. And on top of it all, every copy of the ID must be legible!

read the whole article 2257 Changes

i do see that this article by Kernes has been edited since i first read it a few days ago. He dropped the part about non-US talent potentially being off limits for American companies to shoot.


 
KO_Artist
Member

NYC
76 Posts
4/04
Posted - Jul 21 2004 : 10:31PM
I read Kernes' full article on AVN and to be honest I don't see what the fuss is about. I'm not one for gov't regulation in the adult industry, but most of 2257 seems to make sense. Yes, it is a tad bit cumbersome and will be a bitch and inconvenience to keep current, but I don't see why this is evil. Webmasters must be beside themselves because it would seem impossible to actually register every adult "image" on the net, but to ask for a valid form of ID doesn't seem unreasonable. If you can't buy a pack of cigarettes with a college ID or selective service card, you shouldn't be able to do porn either.

I do not like the fact that the gov't can inspect these records with no advance warning at all. That is just plain wrong, but if it helps keep things above board and LEGAL, I don't see why studios would argue. It can even help them keep a paper trail and protect them from litigation.

Anyway my point is some parts of 2257 seem to protect more than hurt. I work for the largest online adult affiliate program in the industry so I'm definitely not looking forward to what this law means for us!!!

Bill All-Star Supporter
All-Star Member

5334 Posts
6/00
Posted - Jul 21 2004 : 11:33PM
How about the fact that a site like ADT can no longer have any hardcore screenshots of movies within reviews unless they are in posession of copies of the legal documents of the performers? It is no longer acceptable that the primary producer of the content maintains the records.

This modification to the law has nothing to do with protecting anyone. The current version of the law already does that.
The only purpose of the new version is to make it more difficult for adult websites (like ADT and all of the e-tailers with which ADT is associated) to operate.

KO_Artist
Member

NYC
76 Posts
4/04
Posted - Jul 22 2004 : 1:05AM
Good points Bill. I agree with everything you say. I was focused more on a minute point within the framework of the new legislation that I think is a good thing. Upon reading the entire legislation it is a very stifling operation. Like I said before I work for the largest adult affiliate network and internet fulfillment company and I haven't heard this discussed in the office. Maybe my ear isn't close the ground (I started there a week ago), but most parts of 2257 are outrageous. Our affiliates won't be happy. What are they going to do for content? Thanks for your points again Bill.
Harri Patel
Senior Member

#SDNY he's all yours. -- Michael Steele
5110 Posts
3/03
Posted - Jul 22 2004 : 1:49AM
I think it's important that people understand that we are not talking about laws, or legislation. At issue are proposed revisions to the Code of Federal Regulations. These are rules propounded by non-elected government bureaucrats, ostensibly to carry out the will of the legislature. In this case, the Bush/Ashcroft Justice Dept. have proposed changes to the Regulations that relate to "the 2257 law." The proposed changes go far beyond simply enforcing the provisions of the law; they would drastically expand the scope of the 2257 law, without any legislative authorization. The obvious intent is to make the records-keeping burden so onerous that most people and companies that currently make sexually explicit images available on the internet will be forced to stopped doing so.
*Mutt*
Deactivated User

752 Posts
8/03
Posted - Jul 22 2004 : 2:00AM

what he said!

Ashcroft and the religious right know they are completely out of tune with the majority of America, that hardcore porn is within the community standards of most communities. They can't get convictions of big name pornographers like Max Hardcore and Seymore Butts so their end around that is to use 2257 record keeping law to throw a damper on the porn biz. A 2257 case is black and white, did you comply or not comply - don't comply we will throw you in jail. Building and operating jails is now a big business in the United States.

Janitor
Retired

Porno movies, sexy videos, xxx. Adult DVD Talk at your service.
6409 Posts
11/99
Posted - Jul 22 2004 : 11:10AM
KO, I'm surprised your company isn't more concerned. Seems to me affiliate sites will be the most affected by these changes. Basically there can't be hardcore content on any affiliate site, including boxcovers, because most affiliate sites do not have the resources or even the access to maintain these extensive records. Not only that but I don't see how content providers will be able to keep track of every URL where the content appears (I may be wrong, but I think that's part of the changes.)

I would guess the change in the definition of secondary producer is specifically geared to wipe out the thumbnail sites.

dumblonde
Senior Member

2352 Posts
7/00
Posted - Jul 22 2004 : 11:28AM
It sounds to me like a lot of people are going to be caught with their pants down.
BigBobxxx
Senior Member

2681 Posts
5/04
Posted - Jul 22 2004 : 1:41PM
This concerns the Hell out of me!
There are Constitutional arguments to be addressed here as well. Not surprisingly, conservatives typically argue that the Constitution does not provide a "right of privacy." The Supreme Court will ultimately decide if and when the government goes too far... and they have not been consistent about "right of privacy" issues over the years.

It's a shame that there will be adult industry casualties in the process. One shudders to think of what Ashcroft and the wacko right will do if the unthinkable happens and this administration is returned to power.

What if armed with personal information, names and addresses, some right-wing religeous nut(s) decides to start harrassing and even killing porn industry people (like they did with abortion clinics and doctors) because "god" told them to do it?

What if Ashcroft goes after customer lists (that's us!) of people who have purchased adult product?
They already misuse the "Patriot Act" to view what books you read, what videos you rent, etc.

We live in scary times.

Scott Kinney
xxximports.com

New Jersey
369 Posts
5/02
Posted - Jul 22 2004 : 1:59PM
I'm not so sure that you even have to reach to the Constitution. There have been a number of laws enacted over that past couple of years that *protect* personally identifiable information; HIPAA and Gramm-Leach-Bliley are just two that come to mind.

On the one hand, companies are being required to stop indiscriminately passing around personal information, and
in this case, there will be a wholesale (forgive me) distribution of personal information.

I'll just go back to my corner and shut up before Mutt accuses me of not reading something again.

Scott Kinney
Diversified Video Associates
www.xxx-imports.com

Tinaka
Member

953 Posts
8/03
Posted - Jul 22 2004 : 7:54PM
The idea of producers keeping records was so that the authorities could make inspections whenever they liked in order to prodect minors from being exploited etc.
Now, am I right in thinking that although the producers have mostly kept they're side of the deal for years, the authorities have done nothing. So if there have been kids slipping through and getting exploited, then the government has failed them. It seems like such bullshit to impose nmore regulation swhen they haven't been using the old ones. They're aim is clearly not to protect anyone at all, but to regulate porn to death.
 
Baby Boss
Member

7 Posts
3/04
Posted - Jul 26 2004 : 5:58AM
Does anybody know if the new elements of this regulation are retro-active. In other words, if you have I.D. documentation from older movie titles or web images that don't meet the new I.D. standard are you subject to prosecution? If no what is (was) the effective date? and if yes, is pulling all old titles in question a reasonable response if you are in doubt?
iluvgonzo
Member

70 Posts
12/02
Posted - Jul 31 2004 : 1:27AM
I hate to sound stupid, but if companies on the internet are not allowed to show images that are sexually explicit without having possession of records, then what does that mean for adult video stores? Can they have boxcovers with sexually explicit material if they do not have the records?
Is this a stupid question? Someone please let me know because I'm a bit confused.
P.S. - Vote Kerry/Edwards
Bill All-Star Supporter
All-Star Member

5334 Posts
6/00
Posted - Jul 31 2004 : 1:39AM
The issue has to do with the "producer" of the specific item. The video company produces the physical box. The Internet company produces the image that is being shown on the Internet (they're referrring to the Internet people as "secondary producers".

But, now for my question. What if the adult studios actually created the boxcover scans and screenshot files and gave them to the Internet sites? Would those Internet sites then be considered "secondary producers"?

cubesnake
Senior Member

3858 Posts
10/02
Posted - Aug 1 2004 : 6:09AM
Hi,
e x a c t l y !! It´s too obvious is it not ?

I sometimes wonder what goverments (all around the globe)have in store for us next . The worst thing would be a "continental proxi with unlimited access by the authorities ". I feel more and more like living in a cage (MATRIX ) or like a (no offense) mentally ill weirdo who needs 24/7 attention. Almost anything one wants to do or wants to buy needs more data than neccessary. Everyday data is being stored and gathered. Everybody talks about becoming "a glass being" ... compared to glass this sounds like an insult. Even the most see thru glass is more black than we are already. I´ve had it soooo much ... i goto go puke now

Cube

Edited by - cubesnake on 8/1/2004 6:18:06 AM

cubesnake
Senior Member

3858 Posts
10/02
Posted - Aug 1 2004 : 6:23AM
Hi,
Drew Black
broken crankshaft

8009 Posts
9/99
Posted - Aug 15 2004 : 4:20PM
Asmodeus
Lord of Lust

az-mo-day-us
6338 Posts
10/01
Posted - Aug 15 2004 : 4:30PM
Is it any wonder why John Ashcroft (and by extension Bush) has to go? And yet there are still a few idiots who think they aren't a threat to our Constitutional right to produce and view hardcore pornography.
Drew Black
broken crankshaft

8009 Posts
9/99
Posted - Aug 26 2004 : 9:17AM
New article on the 2257 stuff from Wired:
2257 article
neophyte
Member

UK
101 Posts
2/04
Posted - Aug 26 2004 : 9:31AM
Probably going to sound a right idiot here knowing little of this issue or US law and politics but ...

If this legislation is aimed at \ will hit websites, can they not all link to a central, electronic ID register & if an inspector wants a written record - print it out from a secure web page?

Did I read that models must have ID to perform [guaranteeing to other performers who have sex with them that they have regular STD checks etc.] Couldn't / isn't that a basis for a central register?

Or if that were feasible would that only help with new or recent titles, older ones being difficult to hook into a new electronic system? Is such a system already in operation?

Probably going to have to apologise for butting in and displaying my ignorance!

AMADude
Member

Las Vegas
30 Posts
8/04
Posted - Aug 26 2004 : 4:19PM
Hey Mutt,
You know we are on it and ready.
:-)
 
dumblonde
Senior Member

2352 Posts
7/00
Posted - Sep 2 2004 : 5:53PM
So, did this change take place yet? If so, I suppose I should start deleting my screenshots :(
tamara
Member

23 Posts
2/04
Posted - Sep 5 2004 : 3:22AM
hi,
some nice attorney put up a page to show the old rules and the new rules side by side, so you can see the exact changes.
http://my .execpc.com/~xxxlaw/2257Table.htm

Walter Burns
Legendary Quoter

IAFD, supporters of beastiality. Just say no.
7564 Posts
11/02
Posted - Sep 5 2004 : 1:30PM
Hey DD, is the oxymoron thread still alive?




Renee said:
"I think we ladies are getting as picky about the way the porn guys look, as some of the male fans are about the way actresses look."
DenverDon
Benevolent

Firmly Embedded in Depravity
5914 Posts
7/02
Posted - Sep 5 2004 : 3:01PM
No, but if anybody wants to post to it they could revive it.

Edited by - DenverDon on 9/5/2004 3:39:02 PM

sir wankalot
Member

UK
904 Posts
5/03
Posted - Sep 5 2004 : 7:29PM
Is this law likely to be repealed if Kerry gets in?
Hardware All-Star Supporter
All-Star Member

Your other left
14594 Posts
3/02
Posted - Sep 5 2004 : 8:21PM
Probably not. First, the stated purpose is to help crack down on child pornography. Second, if Kerry gets elected that doesn't mean the Congress will see things his way, especially if it remains in the hands of the Republicans. However, the rules in question are not law, they are the Justice Department's proposals on how to enforce the law. As such, a change in administration could result in a review and revision of the proposed method(s) of enforcement.
Harri Patel
Senior Member

#SDNY he's all yours. -- Michael Steele
5110 Posts
3/03
Posted - May 17 2005 : 10:39PM
Well, Gonzales, has apparently signed off on some kind of new regulations. Link. It will be interesting to see if they made any changes to the Ashcroft Justice Department's ridiculously overreaching proposed revisions.

More discussion in this old thread, for those interested.

Saki
At-Large

2087 Posts
11/99
Posted - May 18 2005 : 12:20AM
LadyB
Black and Blue, USA

161 Posts
2/05
Posted - May 18 2005 : 1:13AM
I still think that it's more about having a way to track webmasters, and others, that are not reporting their full income from adult content to the IRS.

They keep saying less and less about the actual IDs, and more and more about the legal name and address of the person holding those documents being at issue.

What do the pron producers have to say? Well, Jennifer James is definitely not happy that she is being expected to turn over the privacy of her talent to any webmaster or reviewer that does a story on her movies. I don't blame her one bit.

I'm still trying to find out if addresses can be redacted within the new rules, on copies sent to the media....

Drew Black
broken crankshaft

8009 Posts
9/99
Posted - May 24 2005 : 10:13AM
The final rule has been published in the federal register

I'm reading it now.

 
Drew Black
broken crankshaft

8009 Posts
9/99
Posted - May 24 2005 : 10:17AM
I also placed a copy on our server here
Janitor
Retired

Porno movies, sexy videos, xxx. Adult DVD Talk at your service.
6409 Posts
11/99
Posted - May 24 2005 : 12:08PM
Jacco All-Star Supporter
All-Star Member

"liable to deprave and corrupt"
2673 Posts
5/04
Posted - May 24 2005 : 3:52PM
Damn, I haven't finished reading it, but it looks like almost every comment made gets a "The Department declines to adopt this comment.", fuck!

That investment in a few extra servers and starting to offer some webhosting over here is starting to look like a very good deal...

Jacco

Hardware All-Star Supporter
All-Star Member

Your other left
14594 Posts
3/02
Posted - May 24 2005 : 5:51PM
Huh? Unless the story includes sexually explicit pictures taken from her movies, then 2257 has no application. The story itself is protected speech. I really don't expect any American reviewers to include explicit scenes in their reviews after this, so that's a red herring.

Furthermore, I believe that her only requirement is to make the information available to federal agents. She is free to deny the information to a private party, which prevents that party from legally using any of her images that require such information.

Drew Black
broken crankshaft

8009 Posts
9/99
Posted - May 24 2005 : 6:18PM
I think this is a grey area. The new rules spcifically prohibit primary producers from claming they won't/don't want to turn over the records.

It used to be common practice for production companies to send out 2257 packets with review screeners.

It's so fucked up. Many online retailers buy acquire their inventory through middle-men distributors. Distributors don't qualify as producers under the new rules and are exempt from record keeping requirements. However, internet sites that post a boxcover are required to get copies of the documentation from the primary producers, many of whom they have no direct contact with.

Hardware All-Star Supporter
All-Star Member

Your other left
14594 Posts
3/02
Posted - May 24 2005 : 6:33PM
Drew Black
broken crankshaft

8009 Posts
9/99
Posted - May 24 2005 : 6:52PM
Most the distributors also have their own retail presence on the web which directly competes with their distribution customers. It will be interesting to see what happens.
Jacco All-Star Supporter
All-Star Member

"liable to deprave and corrupt"
2673 Posts
5/04
Posted - May 24 2005 : 6:53PM
It's not just the retailers, some of them might have the resources to comply, but how about all those small websites? Either you will get the full records when you buy a picture set (with all the privacy implications of that, anyone can buy a photoset from a content provider for $50 or less, which means that everybody can get copies of ID's and such for perfomers, nice for stalkers ) or you don't get records, which means you can't use the pictures. And good luck in trying to find the primary producer for a lot of webcontent.

I feel really sorry for my American colleagues, especially since you can bet on it that the American ayatollah's will try to use this as an easy way to prosecute all those filthy pornographers!
Very depressing, all this...


Jacco

Sebastian Sands
New Member

Tucson
2 Posts
3/05
Posted - May 24 2005 : 8:42PM
What about companies as Adult friend finder with their millions of members that posted pics on their servers. I highly doubt that they have records for those images. And that is just one of the companies that is going to be hurt big time by this. Altough i am sure they did make a TON already.. lol
LadyB
Black and Blue, USA

161 Posts
2/05
Posted - May 25 2005 : 2:18AM
For Adam Amateur or High Society to do a story on Jennifer's movie or a release from Dane, or the Britney Rears thing or any other movie by a client AMP was handling, both magazines declared they needed the entire cast lists ID's and releases photo copied and sent to them.

One of the magazines (I don't even remember which one) even required the Directors and Producers IDs or they refused to run the story.

Even for reviews, some freelancers were asking for the 2257 material. If they show a box cover, then they are open to the proof of age laws. They still don't want to rely on the "Compliance Letter" because it doesn't really fit the legislation. It IS all a gray area as Drew stated.

What makes it worse is that any movie will fail if the word isn't out there. But if you can't get a story or review ran on a movie because the magazine/website won't run it without complete 2257 documentation, then you're dead in the water unless you turn it all over and hope that no one gets hurt.

This is going to be a major issue for a lot of directors and producers. At least the ones that have scruples about their talent's, and their own, privacy.

KMGINC
Member

Texas
17 Posts
2/05
Posted - May 25 2005 : 3:48AM
After reading the AVN and looking up some additional comments about 2257 there were two main things that occurred to me. First this will probably put a huge crunch on Amateur websites particularly those who are swinger centric or feature a particular girl. I doubt that they have kept anything like the records required under 2257 for the performers. The url requirements is going to tank most website content. From the looks of it they will have to have compliance records to match those original producers.

In other words kiss your affiliate asses goodbye. Either that or start a fund for a team of lawyers because I would expect the Feds to knock on your door first because I have yet to meet a company that uses licensed content that is in full compliance out side of original producers i.e. RLD, Hustler etc. and you are the easy target for prosecution.
I full expect that since this is an administrative maneuver that this will last as long as the Justice Department does not tangle with anyone with deep pockets. Half of this is not going to survive a couple of lawsuits but this kind of litigation is way outside the resources of all but the elite companies in porn.

John Knowles
NJ Films

178 Posts
9/04
Posted - May 25 2005 : 11:00AM
Welcome to communist america where freedom is squashed in the name of democracy and the religious right controls the what you see, think and can say!

NJ Films Inc

squirtfan1
Member

Flower
435 Posts
8/04
Posted - May 25 2005 : 12:49PM
[sarcasm]
Wrong! This is a religious country now. Pretty soon American women will have to wear burkas. HOT!!!
[/sarcasm]



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