2257 advice

[rick69]

Hi. Since I thought the 2257 doesnt effect me much as an european webmaster, I havent done my homework and read much about it.

Anyway, this is my situation:

I build freesites and as for now I put up the 2257 statement and list the content provider as the ones holding the record (I've been doing this since some of the ll's require it)

I mainly work with material where the models are not in any action togheter with another person, they are just stripping and masturbates. So I dont know if thats considered hardcore or softcore.

Should I continue as I've been doing and list the content provider as the record keeper? My host is located in the US btw... Does that matter?

Hope someone with some more knowledge in the area responds.. I appreciate it bigtime!

Thanx for your time

Regards /Rick

[chilihost]

To fully comply with the new 2257 regs you have to change your 2257 statement to show your address (the address of your "primary place of business") and you also have to have records at your office that show the models in your content are of legal age plus you have to keep a registry which details where each model's photos are displayed. Finally, you have to have your offices open for records inspection during normal business hours.

Now, that being said, since you are in the EU, US officials will never be able to verify your documents are in order nor verify your database is in order nor verify your office is open for inspection. And they cannot even ask local officials to do this verification since there are no laws like this in any other country that would give local officials the authority to ask for your records, etc.

Hope that helps!

Cheers,
Luke

[alessandro]

I was looking for such a thread. I opened a thread in the Newbie section asking for some advices regarding the USC 2257.

As I'm located in Europe and I'm going to put up a few websites, I don't even plan to use content, just plain text links, do I still have to list my address ( my primary bussiness place ) on my sites?

Btw Luke ... you seem to be quite aware about all this stuff ... what can you say about hentai content? Does it falls under the USC 2257 as well ?

I really appreciate your thoughts.

Thank you!

[DangerDave]

Look!!


http://www.greenguysboard.com/board/...der=descending

DD

[Greenguy]

Search the board for "2257" - there's 50 threads since July 1st on it

[alessandro]

Thanks DangerDave and GreenGuy ... I read many of them before I joined the forum ... anyway I still have some things I can't fully understand but I'll read some more threads... maybe I can figure them out

[Trax]

Originally posted by alessandro
what can you say about hentai content?

hehe
what about celebrity content
what about toon content in general

[chilihost]

Originally posted by alessandro
...As I'm located in Europe and I'm going to put up a few websites, I don't even plan to use content, just plain text links, do I still have to list my address ( my primary bussiness place ) on my sites?

Btw Luke ... you seem to be quite aware about all this stuff ... what can you say about hentai content? Does it falls under the USC 2257 as well ?

Thanks! I have been going like mad on these new 2257 regs and have consulted a lawyer and also have actually read the existing and new regs. I have just been trying to get my head wrapped around it to make sure I can cover myself, my hosting clients and my affiliates.

The new 2257 regs cover only sexually explicit content so if you are using just text links and have absolutely no sexually explicit content then you don't have to worry about it!

As for hentai content, I have not asked a lawyer directly on this but I would assume you are not required to keep any 2257 records since there are no real models and therefore no real id....unless you want to draw an anime passport to support your content LOL!!!

cheers!
Luke

[RawAlex]

Luke, the "softcore" think isn't exactly as cut and dried as we all wish it were. As an example, if you use softcore to promote hardcore, use hardcore terms on the same page, etc., you may be deemed to be promoting sexual material and as such, everything on the page is, well, sex. The terms of the new and existing laws are NOT clear.

As I mentioned elsewhere, I would NOT hang my business (and my virgin anus) on a narrow reading of the rules. Trust me, Asscroft wants you, me and everyone else to do hard time in a federal butt slamming prison. My virgin anus is NOT interested.

Having said that, it is not clear what the real effective date is of these new rules, nor is it clear that they are constitutional (the almost exact same wording failed the stink test in 1998). There is a distinct difference between rule clarifications and rule changes - only congress and the house can write laws. The AG might think of himself closer to god than the rest of us, but he still can't get past the constitution.

At the end of the day, the best 2257 advice is to get WRITTEN advice from your lawyer and follow it.

Alex

[alessandro]

Thanks a lot for posting Luke!
Somehow you did put some light in my mind about this 2257 stuff.

I'm asking here because unlike many other boards where people have very contradictory opinions and most of them speak BS anyway, most of the people know what they say.

Luke, the "softcore" think isn't exactly as cut and dried as we all wish it were. As an example, if you use softcore to promote hardcore, use hardcore terms on the same page, etc., you may be deemed to be promoting sexual material and as such, everything on the page is, well, sex. The terms of the new and existing laws are NOT clear.

Well ... this means that any .html page someone puts up on a server would fall under the 2257 even if there aren't any type of pics, just "hardcore terms" let's say ?

And btw ... hentai looks the best for me to start with

I'll let you guys know when I have my first hentai free sites up ... I'll try to submit them to some well known link lists ... let's see what is going to happen

[RawAlex]

Alessandro, it means only this: the government can choose to interpret the laws any way they like in order to make an arrest and shut down your sites. Even if you prove yourself innocent, that could take a year, and in the mean time, your business is shut down.

It could easily be argued, example, that a softcore images that says "click here to see her masturbate" implies that this is in fact hardcore content (the rest of the set) and therefore all of the images require 2257 documentation. Basically, you are implying that you know that the photoset is hardcore.

"See Danielle at Hardcore Anal Fuckers"... implies that Danielle does hardcore. If they wanted to, it would be enough for them to work with.

Where are you based? Some countries don't like anime any more than real porn (see Canada!).

Alex

[chilihost]

RawAlex, I think you were reading my post incorrectly. Text links are not subject to 2257 because they are NOT content. Similarly, hentai/anime does not feature real models, so there is no way to get proof of age documents for text links or for drawn cartoons!

I actually did not mention anything about softcore vs hardcore, I was very careful to use the term "sexually explicit" since that is how it is described in the regs....and how that get interpreted is up to the courts.

cheers!
Luke

[babymaker]

what about photo id's??? according to the wired article it seems we need thoose on file??? i dont have any of that stuff?? will sponsors provide copies of the photo id's in the 2257 links??

[GunnCat]

Originally posted by babymaker
what about photo id's??? according to the wired article it seems we need thoose on file??? i dont have any of that stuff?? will sponsors provide copies of the photo id's in the 2257 links??

babymaker, it seems you are a bit out of the loop when it comes to the proposed new 2257 requirements. It's more complicated than just photos. You should familiarize yourself for the possiblity of this becoming law.