2257 regs

[mark cremona]

------------One identification problem that will shake the video industry, however, is the prohibition, according to commentary accompanying the published regulations, that "the Department has clarified that the definition includes a foreign government-issued passport or any other document issued by a foreign government or a political subdivision thereof only 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." In other words, performers who have only IDs issued by foreign governments will not be able to work in adult features shot in the U.S.----------------



does this mean that our UK girlie talent is now going to find it impossible to work Stateside, over to you Nachovx.......

[mark cremona]

sorry ....clickable...

[Matt - A-W-D]

These new regs are sending somewhat of a tidal wave of fear and panic to some webmasters/site owners. From what i understand, i need to crosslink the models ID wherever he/she appears as a thumbnail/image/movie on site.
Under UK law however, i can't do this due to the data protection act.
If i don't comply with new US 2257 regs, the US say i can't sell our product in the US!

In
order to sell in the U.S. market, foreign
producers must comply with U.S. laws.
This rule applies equally to any sexually
explicit material introduced into the
stream of commerce in the United States
no matter where it was produced.
Foreign producers have the option of
not complying with the rule, but then
their access to the U.S. market is justly
and lawfully prohibited.

[Jacco]

The new regs do accept a green card as a valid ID, but how many porngirls will be able to get one of those?

And like Matt said, most European countries with sensible privacy laws will forbid you to give this kind of information to a third party.

I have read to whole damn thing and it is very depressing, the Free Speech Coalition is filing charges, but in the mean time my American colleagues are not happy. These new reg also apply to an online retailer who has boxcovers on his website!

It's just another very thinly veiled attack on pornography, all in the name of protecting the children

[rgb]

From my reading of it, an important issue here is that of the "secondary producer", that is, for example, a webmaster who publishes material which he did not originally produce - he either bought it or has an affiliate agreement with the owner of it and he doesn't hold a copy of the identity records of the models. Under the new regulations the "secondary producer" must also keep models' identity records. This means a lot of free porn on the internet could become illegal because most of it is in the form of thumbnail gallery posts (TGP's) which many of us site owners use for advertising and surfers see as free porn. Unless the free speech people have some success with resisting this, there won't be much free internet porn at the end of next month.


rgb

[nachovx]

Here's some info from Adult Entertainment Lawyer, Chicago

Site:
2257
News

Table of existing/ proposed Jun04 / published may05 regs with highlighted differences:

The admin looks a nightmare for US based sites, or anyone supplying material to them. Not good news for foreign performers in the US.

[Matt - A-W-D]

And it now looks like that non US performers may not be able to work in the US.

[Fraser]

As far as I can see this does not look good for UK performers who go to the USA to work or for UK producers shooting UK talent and selling it to the USA. It's not at all clear at the moment if it will be legal for US webmasters to hold records for content which they have bought in content from abroad and where the performers have a non US passport or similar for id.

I've emailed several of my buyers in the USA to see what they think about it, but it could well stop me from selling content to US websites altogether, which may be the reason why they have done it.

[tas]

it could actually be good for british producers especially via our websites if indeed it turns out that US websites cannot have Brit girls. I already have a lot of members of my website who are from the US, so obviously they like brit girls, there are probably many more in the US who love our girls but join US sites to see our girls in action, but if they can no longer get brit girls on US sites then in theory they will join our sites. Maybe this will happen maybe it won't, only time will tell.