Quote:
Originally posted by lassiter
Well, it depends on the interpretation of the language.
Proposed 28 CFR 75.2(a)(1) would require computer site or service producers to maintain a ``hard'' physical or electronic copy of the actual depiction with the identification and age files, along with and linked to all accession information, such as each URL used for that depiction. This ensures that all of the data about all of the people in the depictions can be accessed to ensure that none of the people in the depictions are minors.
A copy of the "actual depiction", linked to "each url used for that depiction" to ensure that "all of the data" about "all of the people in the depictions" can be "accessed."
First question is probably "accessed by whom?" The answer to that determines whether the "link" to "all the data" needs to be clickable from "each URL."
This obviously needs to be clarified, and quickly by the Justice Dept. Even if my lawyer told me I don't have to provide a link to "all" the model's data from "every URL" in which her images appear, if my lawyer's interpretation turns out to differ from the Justice Dept.' s interpretation, I could still face 5 years in jail for not letting my surfers find out my models' real names and addresses (remember it says ALL the data - no exceptions stated for addresses, etc.).
Knowing the Ashcroft boys, this sort of ambiguity and confusion is exactly their intention, though, so no clarification is likely to be made before someone is charged by the feds as a test case.
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By having a piece of paper or a computer file with the IDs and a list of the URLs the models appears on you cover that part of the act, no where does it say, "put it up on the net and link it to the pictures"
I can see why it's been done and the error they made. Would you know the name of every model on your site and could you access the documents easily? I've already had two clients contact me asking for 2257 documentation they "Lost". Problem is they can't remember what sets they bought from me and one asked me to go through their site checking to see which models are mine and supplying the documents. They had me listed as the Custodian, but it seems did not know which images I was custodian of records for.
These amendments are vague, more reason to fear them, but not an excuse to ignore them.