http://www.theregister.com/2005/06/24/us_law_2257/

ANYONE who wants to run an adult website from within the USA must be nuts. This legislation is designed to drive americans out of the porn biz.

I've noticed how the number of pics on this site has been decreasing over the past month as Admin has to go through and edit out anything that can be defined as porn. I'm sure Admin has been working his butt off to make sure that this site remains in compliance. Kudos 2ya

>This legislation is designed to drive americans out of the porn biz.

I'm sure the Bushies and the Taliba..., uhm, I mean religious right, would love nothing better. Maybe they should just run around beating non-believers with sticks? It'd be more honest than underhandedly injecting Christian-based moral edicts into the legal system.

Man, this is brutal. I understand the need to protect children, but it appears to me to be just another law passed under one premise, to be used under another. This sucks.

(Message edited by Valterreekian on June 24, 2005)

Goes to show what moronic idiots a huge percentage of Americans (by huge, an amount clearly approaching the majority) are. They have no understanding nor respect for the freedoms granted and fought for by the constitution and will happily trade them away in response to government propoganda (to fight terrorism).

When I travel the world I'm embarrassed to be associated with these fools.

Here, here... Total insanity and cruel. Why don't they ban Hoastesses at Resturants and Cheerleaders as well- FUCK this. And now (The Other TJ site) has decided to be safe of this new threat and removed all pics. Now WHO do I call and write to complain?

Well, as written the law applies to "visual depictions made after November 1, 1990 of actual sexually explicit conduct".

By the way, they go on to defined "actual sexually explicit conduct" 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) animal sex;
(C) masturbation;
(D) sadistic or masochistic abuse

There is an item (E) in that list {(E) lascivious exhibition of the genitals or pubic area of any person}, but they specifically EXCLUDED it. So unless I'm missing something, simple nude pics, no matter how graphic, aren't covered under this particular law as long as the subject isn't engaged in acts (A) thru (D). Maybe other laws already have that angle covered?

PhoenixGuy
Your question is a good one. What is perhaps more important than defining the answer is the very fact that the adult industry cannot clearly grasp the application of this law at this time. Is that by design?

The only thing I know for a fact is this - the adult industry does NOT have an effective lobby in Congress. NO congressman or senator wants to go on record as a defender of pornography. So with a conservative congress and a rightwing fundamentalist president THE ADULT INDUSTRY IS SCREWED.

I never thought I'd say this, but I am starting to miss Billary.

>So with a conservative congress and a rightwing fundamentalist president THE ADULT INDUSTRY IS SCREWED.

Not completely. He's still got to stack the Supreme Court in his favor for them to be utterly and completely screwed. Of course, that's just a matter of time. We can only pray that congress goes back to a democratic majority before he has a chance to submit his nominations.

I don't know about the rest of you guys but the latest ruling by the Supreme Court scared the hell out of me!

It makes me concerned about the direction that our county is going in.

RG.

I'm glad to see people starting to get pissed at the Bushies, but I do have one question for you:

WHERE THE FUCK HAVE YOU BEEN THE LAST 4.5 YEARS?!?!?

We saw this shit coming a mile away, I knew right before the inauguration when Cheney and Bush were running around talking about a recession (nice way to make something happen, scare everyone), then stem cells, then....well, every fucking thing.

LOL, in the immortal words of Homer Simpson. . .

DOH!

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Need a read from someone who thinks they understand this issue -

This fall I want to take my little handy dandy cam corder to make home grown porn/video pics while on vacation O/S.

To be safe (legal), I need to make sure to video the chica's cedulla (ID card) to prove she is over 18-years-old...she must verbally state that she is over 18-years-old...and she must verbally say she is a willing participant in my home porn flick...then, am I legal? Or, am I still in trouble if Uncle Sam pulls the tape from my suitcase and views it upon entering the US?

Would it help me if I wear a Marti Gras mask, or will Uncle Sam take mug shots of Pepe and try to match them with the guy in the vid?

I'm totally bewildered.

AJ

No, Bewildered is DonGringo.
CG

Not that it matters, but good luck on a garota letting you video tape here ID card. A lot of girls use a fake name and would wonder why you want to know their real identity.

One of the key points that is troubling for American porn producers is that the form of identification needs to be of U.S. origin.

So unless her ID is American, your idea while good will not be iron clad in a court of American law.

If I were you I would go ahead and try to photograph her ID, get her to make a recorded statment along with a signed model release in her native language. Then I would send the video tape to your home via UPS, DHL, or FedEx. I would think twice about using FedEx over UPS as FedEx has been getting a little too friendly with US customs and the US govt. in general.

RG.

Here's another interesting article/discussion: http://www.alternet.org/story/22289/

Here is a copy of 2257 (beneath my comment):

My comments: I don't think taking a pic of a nude woman and e-mailing it to CH violates the law. However, if you (the monger) is in the pic with the nude girl, partaking in some sort of explicit sexual act (IMHO could be touching her boob and blurring the image), you could be at risk if you do not provide sufficient documentation showing name, age, etc. of those people in the nude pic.

Read on...

§ 2257. Record keeping requirements


Release date: 2004-08-06

(a) Whoever produces any book, magazine, periodical, film, videotape, or other matter which—
(1) contains one or more visual depictions made after November 1, 1990 of actual sexually explicit conduct; and
(2) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce;
shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction.
(b) Any person to whom subsection (a) applies shall, with respect to every performer portrayed in a visual depiction of actual sexually explicit conduct—
(1) ascertain, by examination of an identification document containing such information, the performer’s name and date of birth, and require the performer to provide such other indicia of his or her identity as may be prescribed by regulations;
(2) ascertain any name, other than the performer’s present and correct name, ever used by the performer including maiden name, alias, nickname, stage, or professional name; and
(3) record in the records required by subsection (a) the information required by paragraphs (1) and (2) of this subsection and such other identifying information as may be prescribed by regulation.
(c) Any person to whom subsection (a) applies shall maintain the records required by this section at his business premises, or at such other place as the Attorney General may by regulation prescribe and shall make such records available to the Attorney General for inspection at all reasonable times.
(d)
(1) No information or evidence obtained from records required to be created or maintained by this section shall, except as provided in this section, directly or indirectly, be used as evidence against any person with respect to any violation of law.
(2) Paragraph (1) of this subsection shall not preclude the use of such information or evidence in a prosecution or other action for a violation of this section or for a violation of any applicable provision of law with respect to the furnishing of false information.
(e)
(1) Any person to whom subsection (a) applies shall cause to be affixed to every copy of any matter described in paragraph (1) of subsection (a) of this section, in such manner and in such form as the Attorney General shall by regulations prescribe, a statement describing where the records required by this section with respect to all performers depicted in that copy of the matter may be located.
(2) If the person to whom subsection (a) of this section applies is an organization the statement required by this subsection shall include the name, title, and business address of the individual employed by such organization responsible for maintaining the records required by this section.
(f) It shall be unlawful—
(1) for any person to whom subsection (a) applies to fail to create or maintain the records as required by subsections (a) and (c) or by any regulation promulgated under this section;
(2) for any person to whom subsection (a) applies knowingly to make any false entry in or knowingly to fail to make an appropriate entry in, any record required by subsection (b) of this section or any regulation promulgated under this section;
(3) for any person to whom subsection (a) applies knowingly to fail to comply with the provisions of subsection (e) or any regulation promulgated pursuant to that subsection; and
(4) for any person knowingly to sell or otherwise transfer, or offer for sale or transfer, any book, magazine, periodical, film, video, or other matter, produce in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce or which is intended for shipment in interstate or foreign commerce, which—
(A) contains one or more visual depictions made after the effective date of this subsection of actual sexually explicit conduct; and
(B) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce;
which does not have affixed thereto, in a manner prescribed as set forth in subsection (e)(1), a statement describing where the records required by this section may be located, but such person shall have no duty to determine the accuracy of the contents of the statement or the records required to be kept.
(g) The Attorney General shall issue appropriate regulations to carry out this section.
(h) 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;
(2) “identification document” has the meaning given that term in section 1028 (d) of this title;
(3) the term “produces” means to produce, manufacture, or publish any book, magazine, periodical, film, video tape or other similar matter and includes the duplication, reproduction, or reissuing of any such matter, but does not include mere distribution or any other activity which does not involve hiring, contracting for managing, or otherwise arranging for the participation of the performers depicted; and
(4) the term “performer” includes any person portrayed in a visual depiction engaging in, or assisting another person to engage in, actual sexually explicit conduct.
(i) Whoever violates this section shall be imprisoned for not more than 2 years, and fined in accordance with the provisions of this title, or both. Whoever violates this section after having been convicted of a violation punishable under this section shall be imprisoned for any period of years not more than 5 years but not less than 2 years, and fined in accordance with the provisions of this title, or both.

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