Interesting email regarding 2257

[emmanuelle]

I received this email from one of my clients, who received it from someone who called the DoJ several times, asking for clarification on the 2275 issues.


Subject: [USC2257] My Discussions With The DOJ - They helped us hopefully they'll help you. - Really Long Email By The Way!




Anyway, on my road to recovery this week, I had the opportunity to talk with various officials from the Department of Justice. A few things you should know when talking to them.

Give them VAGUE information about yourself. They tape most phone calls.
Use a cell phone. They have caller ID and my cell phone didn’t appear on their ID network. They asked me no less then five times for the “call back” number. I explained I bought a pre paid cell phone so I could call them as I had no long distance and once it was used up I wouldn’t be using it again. They finally got the idea and quit asking me for my number.
Make sure you get the full name of the person that you are talking too. They hedge at giving this out, But I explained that I need this documentation so I could give it to my attorney in case I ran afoul of the law later on. They did give me their names at that point.
TAPE the conversations like they do. BUT, you have to let them know that you are doing so. Otherwise it is illegal wiretapping. I taped some of the conversations, but after the first person, the second person gave me nearly the same advice so I quit at that point. At least they have their stories straight.
Call more then once. Ask for different people and ask the SAME questions! This will give you a broader informational base. And you can see if they really do know what they are talking about or if they have been instructed to give double talk to those that call in.
Be VERY VERY polite. They do not hold with rude callers. The first time I was on hold for about 15 minutes and I was a little testy. They hung up on me. Lesson learned.


So after all that I voiced concerns about this new ruling. Here are some of the things they told me.



They have received MANY calls regarding this issue and they are looking into it. (right!) Many groups have approached them wanting to discuss this issue and some “people” are looking into the feasibility of setting up a commission to investigate this ruling and verify if first it is indeed constitutional, and secondly if it in any way violates any other rights of American citizens or Foreign Nationals that are able to work in the United States. (sure they are). But for now to comply with the ruling until it can all be straightened out. (meaning, just do it and maybe it will change in the future.)
Next I asked them about an easy template of instructions so that smaller companies could easily convert themselves over to being compliant. They said that the ruling was worded very concisely and shouldn’t create any confusion. I explained that it was not and it was creating a lot of confusion. So they told me the following.
Make sure that you have the Proper ID for all Models. Being a state or federally issued Id with photo. I asked if two were needed they said you can have two but only one is needed to be compliant. Make sure you make a copy of this either in hard copy, digital or both.
Make sure you have The DOB and Age of Models.
Make sure you have as many names as possible for Each model. This is their responsibility to give you so you won’t be held liable if you don’t have them all.
Make sure you have that information in a database with a copy of the models ID. And there is a link, if this will be content shown on the web to an HTML page showing the same Database. (I asked if this database had to be on the actual web and got two different answers so I have a secure folder on our website using SSL where only our custodians and an investigator can get into it. And I created a folder on our server system so all custodians can access is from any computer as well) They said this was fine.
I asked about second ID’s, STD tests, Etc, they said it’s good to have all that but definitely keep it in a separate database. I asked what a separate database construed and they said digitally if you use Excel, it can just be a separate page in a workbook for the production. Hard copy it can be in another filing cabinet drawer labeled “Secondary Information”. And you can put a small notation in the primary information drawer to cross reference it.
Then I asked about URLS to images of the model. And they responded that in your database for EACH DAY OF SHOOTING, meaning you have to have a DATABASE for EACH DAY of a production. Not the production as a whole. You must list all stills, where they are located at, even if on just your computer. And which model or models are in each still. Then in turn, you must list for each model which stills they are in. This is a redundant cross reference they said. It has to be done in both hard copy and digital as well as on the HTML page of information. If you use a sequential listing of images on a single web page, you can list those images as x001 through x099 on all the databases.
I asked about naming the images. They said that the best way to do it is with the initials of the model or production and the date the actual images were taken with a sequential number at the end. For thumbnails to add a th at the beginning to denote a thumbnail.
I asked about copies of the images in hardcopy of the model explaining that it would create a filing nightmare for any company to keep that many hard copies for every model especially if the images had more then one model in them. They said that proof sheets or thumb sheets were fine. Making a thumb of the image, using the actual name of the full size image as the thumbs name for THAT PURPOSE ONLY, other wise thumbnails have to have their own unique name and have to be documented like full size images. But you have to have a thumb sheet for EACH model. You also have to have a thumb sheet for your thumbnails if you use them. So essentially a redundant copy again.
I asked about other places where images of the model could be seen at that our company did NOT take. They said that is information that should be given to you by the model and you just have to make the best effort possible to list all the possible locations. You do NOT have to list images at other sites, periodical etc UNLESS YOU TOOK THEM, but you do need to have on record that the model has performed other adult ventures besides with your company. So a simple link to other websites, or listing of magazines, Volume, Issue and Date will suffice.
I then asked about flash presentations. Since we do most of our galleries in those, there are No “Images” on the websites but a single flash presentation. They said that we will have to list the flash presentation and use “Consisting of Images x001 through x099” on the url listing as a foot note.
I asked about storing images on the website even once they were rotated out of circulation. They said that you have to have a working URL to the images. So they have to be stored on your website even once they are removed from the main galleries. In the case of our flash presentations we have to keep those in a folder with a working URL. NOW…These can be kept also in a secure location either Using SSL or inside your members area so that hackers and rapists cannot come through at a later date and take the images that have been archived. It only has to be a working URL for you and investigators. NOT the general public.
I then asked about video footage. And they said for a full length video. You need to reference it in all your databases by model. And then create a third form of database that lists all your videos an cross reference all the models in that video.(Now remember you can use ONE excel workbook for all these databases, especially for your digital version and just name the tabs. They said this was acceptable) In the hard copy folders of the models, it is best they said to keep a copy of the DVD and a print sheet of the front and back cover of any wrappings the DVD is in. (That’s not too bad.)
They also explained that on the covers of all full length videos needed to be the Custodian information and a USC2257 compliancy statement. That it also had to have it during the video one place or another. They said for surety, it would be best to put the whole thing at the beginning and end of each full length video.
I then asked them about Vid CLIPS. These have to be logged exactly the same way as stills. They need distinct names, who is in them, this needs to be cross referenced in all databases for each model as well as one for the clips themselves. They also want approximate length in the database. Or a time stamp from 01 to 3:45 for example. Apparently there is a certain amount of time that is allotted before a clip becomes a video short, and then turns into a full length video. They said to be safe keep all your clips under five minutes.
I then asked if a company can have MORE then one custodian of records. Since we do. They said this was fine as long as ALL the individuals were listed on each and every publication, production, or 2257 html page.
I then asked about business hours. They said that, You need to send a mailing to the DOJ explaining your hours of operation. Since many small businesses are based out of peoples homes, in many locations it is illegal according to that community to list hours of operation on the structure itself. But to send this information through snail mail. And TO REQUEST A RETURN CONFIRMATION showing that the DOJ received it. That way if someone shows up to audit you and it is not during the normal hours of operation, then you can protect yourself by showing that you sent off the material and the DOJ received it. That it is their error.

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