Interesting email regarding 2257

emmanuelle · 2005-06-17, 04:47 PM

part 2

I asked if I did any work outside the normal business hours would I have to notify the DOJ. They said no. That the normal business hours were for the investigators. Normal construing the times that people are actively on site or in the “office” every day. They understand that shoots and productions can take place at all times of the day. But hey are concerned with only those times that someone is located on the site.
I asked What f they showed up and there was a sign on the door saying that the person was out, and would return at a specific time. They said that during the course of a normal business day, there are aspects that would take a person away from the office. Whether it be general Hygiene or errands in order to keep the business functioning. Things that have to be done during normal working hours. If there is a sign saying the person it out and will return at a specific time, the investigator will return at that time.
I asked what if the office had a sign that said “closed to the general public please call to make an appointment.” That this was something that happened in many privately owned businesses. Mainly to keep solicitors and such away. They said that the DOJ should have your phone number and at that point they are there they will call. Someone will need to be available immediately for the appointment.
I asked what if the person they called said they were in a meeting could they meet them etc and show them digital databases that mirror the ones in the office that were backed up on their laptop for every thing. They said that since digital databases were considered fine, that the investigator did not need to be on the premises. But the back up needed to have every bit of information that the office had. That the company would have to be able to prove beyond a shadow of a doubt that they had everything in their company compliant with just the laptop at that point. So it would be better to have someone accessible in the office for the main server and hard copy information.
I then asked about secondary producers. They said it is the responsibility of the Primary producer to make sure the secondary producer has all the information and original database information on the models and images they are allowing the Secondary producer to use. The URLS for the images are then the responsibility of the secondary producer to fill in for the images they use. BUT, both companies MUST trade the URL information back and forth and keep their databases up to date as to where all the images are being used, whether on the web or in print. So if you have a secondary producer you will be using, you must send them regular updates of the urls and print items for each image you are giving them, and in return they must also send you this information to update your database. (We have a contract for secondary producers that gives them the right to use images, but does not allow them the right to pass them along to yet a secondary producer to them. That would mean I would have to be in contact with two companies at that point and updating records etc and it would get very out of hand if they passed them along as well.)
I asked about free services as well such as yahoo groups, msn communities, etc. And they told me, that it would be up to the companies that offer those services to decide how best to comply with the ruling. BUT, for people who are termed the “owners” of those sites, to be safe, they should have all the information for each person that is posted in their group. I.E. if you have 50 photo albums and in those are 50 people some with others comprising say 75 individuals, you would need to have all the proper documentation and databases for EVERY picture that is posted in those photo albums. THAT IS NOT WORTH IT. More then likely they said, these companies, to stay out of it, will remove online public storage areas, and in that case only sending it through email will be the only choice of sharing those images then.
I asked about free websites rather then pay sites. They said if it had any form of what is considered sexually explicit material on it. Then it had to comply fully with the regulations.
I asked what if a Husband and wife were the owners of the site and the only people they shows were each other, and there was a free and pay area. They said that both husband and wife, would have to have the information. Who ever took the photos was the primary producer and the other the secondary. I asked what if they used a tripod and both were in them and they said then they would need a joint database at that point as the primary producer. (so even a husband and wife would have to have THREE databases set up….crazy!)
I asked about linking sites. Where they just linked to, but showed NO Images what so ever. They said since they were promoting the site, which would in turn increase sales and revenues of the images on the site they were linking to, then they also had to have the information. They were providing advertising and marketing in order to increase traffic to, and increased exposure or sales. So they fell under the secondary producer role and the primary sites would have to make sure they had all the information and kept it updated for them.
So finally I asked AS to when each company could expect to have it’s first investigator at their door. This caused a long moment of silence. Then the Young lady at the DOJ asked if I’d like to schedule one, is that what I was asking? After taking a second to clean my ear I said no, I was wondering how soon each company in the US would start seeing the FBI at it’s door to inspect the records and such. Or should we all expect them on June 24th outside our companies. She laughed and said, “Oh that’s not going to happen.” Then went on to say, that while this ruling is very in depth and invasive at times. The logistics of them investigating EVERY company that is in the US any time soon just isn’t feasible. That investigators will first and foremost go after companies that have had complaints against them. Companies that the DOJ has been watching in the past. And companies where individuals set up a company, then close it a couple of months later to just set up a new one. Etc. But for really large companies, it will take time to assemble a team of investigators, and for all the myriad of hundreds if not thousand so of other companies out there, unless something brings them to the forefront, makes them stand out, or appear that they are not complying with the regulations. The odds of actually seeing an investigator at their door are minimal.

So after all that. I am confidant that XXXXXXXXXX will be fully compliant. We have already redesigned out main website to show the new statements and such as required by law. We already have our html databases in affect. Al our other databases are set up how they want etc. We have to redesign one website but will have it done in the next week or so. So I’m very comfortable now with knowing how all this works.

I realize I didn’t ask them any questions about people from outside the US, whether they be models or companies and for that I am sorry. I plan on calling them again here real soon and I will hit them up with those questions then.

But I hope the breakdown of my conversations with them have helped some of you.

mrMagoo · 2005-06-17, 09:19 PM

Quote:

Originally Posted by emmanuelle

part 2

II asked about linking sites. Where they just linked to, but showed NO Images what so ever. They said since they were promoting the site, which would in turn increase sales and revenues of the images on the site they were linking to, then they also had to have the information. They were providing advertising and marketing in order to increase traffic to, and increased exposure or sales. So they fell under the secondary producer role and the primary sites would have to make sure they had all the information and kept it updated for them.

That pretty much sums up what their after, nailing people who even just promote or send traffic to adult sites.

This is the biggest bunch of bullshit. The FSC should show this in court if there is any question of what the DOJs motives really are.

Fucking Assholes

Maj. Stress · 2005-06-17, 10:20 PM

So this was from a friend of a friend of a friend. It was belivable until the part about linking sites. I don't see anything other than "visual depictions" listed anywhere in the regs. If this is real the DOJ is having some fun spreading the paranoia. Getting legal advice from someone who works for the DOJ falls under the same category as getting tax advice from an IRS employee.

Mr. Blue · 2005-06-18, 12:48 AM

Quote:

Originally Posted by Maj. Stress

I don't see anything other than "visual depictions" listed anywhere in the regs. If this is real the DOJ is having some fun spreading the paranoia.

Yep.

The sky ain't fallin', just relax, talk with a lawyer...get compliant to the rules that are actually written.

2005-06-17, 04:47 PM	#1
emmanuelle 0100011101100101011001010 1101011001000000100001101 1010000110100101100011 Join Date: Mar 2004 Location: Montreal Posts: 1,441	part 2 I asked if I did any work outside the normal business hours would I have to notify the DOJ. They said no. That the normal business hours were for the investigators. Normal construing the times that people are actively on site or in the “office” every day. They understand that shoots and productions can take place at all times of the day. But hey are concerned with only those times that someone is located on the site. I asked What f they showed up and there was a sign on the door saying that the person was out, and would return at a specific time. They said that during the course of a normal business day, there are aspects that would take a person away from the office. Whether it be general Hygiene or errands in order to keep the business functioning. Things that have to be done during normal working hours. If there is a sign saying the person it out and will return at a specific time, the investigator will return at that time. I asked what if the office had a sign that said “closed to the general public please call to make an appointment.” That this was something that happened in many privately owned businesses. Mainly to keep solicitors and such away. They said that the DOJ should have your phone number and at that point they are there they will call. Someone will need to be available immediately for the appointment. I asked what if the person they called said they were in a meeting could they meet them etc and show them digital databases that mirror the ones in the office that were backed up on their laptop for every thing. They said that since digital databases were considered fine, that the investigator did not need to be on the premises. But the back up needed to have every bit of information that the office had. That the company would have to be able to prove beyond a shadow of a doubt that they had everything in their company compliant with just the laptop at that point. So it would be better to have someone accessible in the office for the main server and hard copy information. I then asked about secondary producers. They said it is the responsibility of the Primary producer to make sure the secondary producer has all the information and original database information on the models and images they are allowing the Secondary producer to use. The URLS for the images are then the responsibility of the secondary producer to fill in for the images they use. BUT, both companies MUST trade the URL information back and forth and keep their databases up to date as to where all the images are being used, whether on the web or in print. So if you have a secondary producer you will be using, you must send them regular updates of the urls and print items for each image you are giving them, and in return they must also send you this information to update your database. (We have a contract for secondary producers that gives them the right to use images, but does not allow them the right to pass them along to yet a secondary producer to them. That would mean I would have to be in contact with two companies at that point and updating records etc and it would get very out of hand if they passed them along as well.) I asked about free services as well such as yahoo groups, msn communities, etc. And they told me, that it would be up to the companies that offer those services to decide how best to comply with the ruling. BUT, for people who are termed the “owners” of those sites, to be safe, they should have all the information for each person that is posted in their group. I.E. if you have 50 photo albums and in those are 50 people some with others comprising say 75 individuals, you would need to have all the proper documentation and databases for EVERY picture that is posted in those photo albums. THAT IS NOT WORTH IT. More then likely they said, these companies, to stay out of it, will remove online public storage areas, and in that case only sending it through email will be the only choice of sharing those images then. I asked about free websites rather then pay sites. They said if it had any form of what is considered sexually explicit material on it. Then it had to comply fully with the regulations. I asked what if a Husband and wife were the owners of the site and the only people they shows were each other, and there was a free and pay area. They said that both husband and wife, would have to have the information. Who ever took the photos was the primary producer and the other the secondary. I asked what if they used a tripod and both were in them and they said then they would need a joint database at that point as the primary producer. (so even a husband and wife would have to have THREE databases set up….crazy!) I asked about linking sites. Where they just linked to, but showed NO Images what so ever. They said since they were promoting the site, which would in turn increase sales and revenues of the images on the site they were linking to, then they also had to have the information. They were providing advertising and marketing in order to increase traffic to, and increased exposure or sales. So they fell under the secondary producer role and the primary sites would have to make sure they had all the information and kept it updated for them. So finally I asked AS to when each company could expect to have it’s first investigator at their door. This caused a long moment of silence. Then the Young lady at the DOJ asked if I’d like to schedule one, is that what I was asking? After taking a second to clean my ear I said no, I was wondering how soon each company in the US would start seeing the FBI at it’s door to inspect the records and such. Or should we all expect them on June 24th outside our companies. She laughed and said, “Oh that’s not going to happen.” Then went on to say, that while this ruling is very in depth and invasive at times. The logistics of them investigating EVERY company that is in the US any time soon just isn’t feasible. That investigators will first and foremost go after companies that have had complaints against them. Companies that the DOJ has been watching in the past. And companies where individuals set up a company, then close it a couple of months later to just set up a new one. Etc. But for really large companies, it will take time to assemble a team of investigators, and for all the myriad of hundreds if not thousand so of other companies out there, unless something brings them to the forefront, makes them stand out, or appear that they are not complying with the regulations. The odds of actually seeing an investigator at their door are minimal. So after all that. I am confidant that XXXXXXXXXX will be fully compliant. We have already redesigned out main website to show the new statements and such as required by law. We already have our html databases in affect. Al our other databases are set up how they want etc. We have to redesign one website but will have it done in the next week or so. So I’m very comfortable now with knowing how all this works. I realize I didn’t ask them any questions about people from outside the US, whether they be models or companies and for that I am sorry. I plan on calling them again here real soon and I will hit them up with those questions then. But I hope the breakdown of my conversations with them have helped some of you.

2005-06-17, 10:20 PM	#3
Maj. Stress Progress rarely comes in buckets, it normally comes in teaspoons Join Date: Jun 2005 Location: Dark Side Of Naboo Posts: 1,289	So this was from a friend of a friend of a friend. It was belivable until the part about linking sites. I don't see anything other than "visual depictions" listed anywhere in the regs. If this is real the DOJ is having some fun spreading the paranoia. Getting legal advice from someone who works for the DOJ falls under the same category as getting tax advice from an IRS employee.