Third Party Hosting of 2257 paperwork with law firm

[tickler]

Probably a good ideal for your personal copy, but, would the DOJ permit using it if your Custodian is listed somewhere else.

Here's an article by Paul Cambria that goes over some of the 3rd party issues, and more.

Changes to the federal recordkeeping law raise questions and concerns.
Talk about a mixed bag. An adult business owner who does not have the expertise to feel comfortable running a 2257 database may now hire a third party to perform the task, yet he's blessed with full criminal liability for the third-party record-keeper's errors. Sure, he doesn't have to personally sweat over record-keeping issues, but he gets to lay awake at night wondering if someone else's negligence will someday come back to haunt him.

Moreover, third-party record-keeping is fraught with important unanswered questions, not the least of which involves the confidentiality of the process. Assume, for instance, that a single third-party record-keeper is central to numerous producers. When the inspectors arrive for the records of Producer A, will they be put in a position to observe the records (and possible deficiencies therein) of Producers B through Z? If the record-keeper makes a systemic error, does that put all of the producers for whom he keeps records at risk? (Seriously, if it comes to a federal agent's attention that a third-party record-keeper for multiple companies has made a fundamental record-keeping mistake - for instance, not cross-referencing - in one client's database, wouldn't she assume that the same fundamental error exists in all of that record-keeper's databases?) Non-criminally, will deficiencies in your record-keeping become the stuff of industry gossip, harming your sales? Bottom line: Look before you leap into third-party record-keeping, and make sure you've got a contract that keeps the record-keeper's feet to the 2257 compliance fire (including confidentiality clauses and a provision giving you or your representative the right to make unannounced inspections of your own records so that you can sleep at night).
http://business.avn.com/articles/33843.html

BTW, June 16 is the last day to file for a 2257A exemption.

[domweb]

Tickler, I totally appreciate the heads up on the possible criminal potholes that still exist within the morass that is the 2257 mine field.

And thanks for taking the time to talk to me about something that everyone in the industry is sick to death of hearing. The phrase '2257' on the screen makes many an adult webmaster cringe from sheer weariness. (It happens to me whenever I see 'Octomom' somewhere.)

I know that if the Universe decides to have the FBI run a 2257 check on my business, due to my own error or the record keepers error, I could be facing somewhere between 5 and 5 kagillion years in prison depending on the scope of the book-keeping error.

But I am making the best efforts I can to make sure my content is legal and well documented. My hiring of a law firm to maintain my records as provided for in law speaks to my degree of due diligence in meeting the requirements of the law.

But my back is to the wall. My family has enough resources to make another year or almost two before me, my wife and my toddler are out on the street begging for shelter from relatives and food stamps from the government.

I hold a Bachelors in Electronics Engineering. I have earned six figures in my lifetime. I am pretty smart. And my industry has evaporated. There is no work for the next six months at best. The next five years at worst. I am forty years old and do not qualify for an additional government training at this point.

I have done this before on a smale scale and was considered pretty successful in both my conversion rates and retention of long term revenue customers.

If I end up in jail for screwing up my paperwork, you can use me as a cautionary tale to all the newbie webmasters clamoring for info on how to get into the biz.

So, it's just time to hitch up my balls and make this move. I ain't going out like a whimpering bitch.

Peace and Success

[tickler]

Originally Posted by domweb

And thanks for taking the time to talk to me about something that everyone in the industry is sick to death of hearing. The phrase '2257' on the screen makes many an adult webmaster cringe from sheer weariness.

NP, the main reason that I sort of stay up to date is a legal items feed that runs on my desktop for one of my offline clients because I have to monitor all regulatory changes affecting the systems that they use. I just added 2257 as a flag term to it, so it catches any updates, etc.