Quote:
Originally posted by lassiter
But remember, not all content is subject to 2257 recordkeeping requirements. Only "actually sexually-explicit conduct" is covered. Section 2257 itself states:
As used in this section -
(1)
the term ''actual sexually explicit conduct'' means actual but not simulated conduct as defined in subparagraphs (A) through (D) of paragraph (2) of section 2256 of this title;
and the relevant part of Sec. 2256 reads as follows:
(2)
''sexually explicit conduct'' means actual or simulated -
(A)
sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(B)
bestiality;
(C)
masturbation;
(D)
sadistic or masochistic abuse; or
(E)
lascivious exhibition of the genitals or pubic area of any person;
So material under (E) above is specifically exempt from 2257 requirements, as is "simulated" sexual activity. The basic rules to avoid 2257 compliance requirements is: no bondage or BDSM, no penetration (of anything by anything - including dildos), and no cumshots. If anything seems borderline, don't use it (or else have all your 2257 data for it). But really, a fair amount of material is simply not subject to the rule.
I'm going to be taking down a bunch of mainly hard BDSM freesites and changing out a lot of explicit banners over the next couple of weeks, but most of my softcore and amateur sites are staying up with a legal disclaimer (drafted by my attorneys) stating that the content is exempt from 2257 regs.
And I agree that since mere text-linking to another person's domain does not subject the linker to 2257 regulations, that it's ridiculous for LLs to become government enforcers of another person's compliance. I would like to see one LL owner offer the legal justification under the language of 2257 for doing this.
|
I don't want to be the one that thought something wasn't masterbation but the court disagreed. If I am going to start these records I am going to do it for everything and as I have 1000's of pages out there from the past 5 years before this rule I guess most of us will have things we are going to fall under A through D. Heck, I mostly do foot fetish these days but I am still going to to log those pics.
I guess, I don't think it is a link lists job BUT I want to know if I am going to get banned for covering my own ass and adding the info to old sites.