Keeping
Up with Record Keeping Requirements - 18 USC 2257"
December 22, 2000 by
SoBeGirl's Erik
We have all heard it. Is the content legal? Can you provide photo ID and signed release
forms? It is important to both of us - you the Adult Web Site Operator and me the Content
Provider. Whether you run a rinky-dink little free site or a converting like crazy pay
site, you need to protect your ass. There are those who will go out of their way to prove
that denying our own human impulses is right and will force it upon us all. It could come
as a knock on the door by your local police or even the Attorney General's office.
Have you heard the L&M story? L&M is a content provider in a small town somewhere
upstate. The people of that town did not like someone peddling porn so close by. So they
got a pediatrician to claim that one of the models in a picture owned by L&M was a
girl between the ages of 15 and 17. A warrant was served and the whole mess started. I
don't know the outcome of this story, as I believe it is still unfolding but it brings the
law to the forefront and reminds us of some very important things. And if you are ever in
the dubious position like our friend at L&M then a thorough understanding of the same
law, which is being used against you, can be your best defense.
18 USC 2257 is the law, passed by our legislative branch, which details what actual
sexually explicit conduct can and cannot be visually depicted. In my multi-part series
here at AdultBuzz, we will take a detailed look at what "Web Legal Content"
really means. As always with the law, there is much more than meets the eye.
"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.
Now you really do have to love these
guys. Look at that part in sub item 1 about "actual sexual explicit conduct".
What I find so interesting is the word actual. It is explained later on in subsection (h)
that "actual" means real and not simulated. Hmmm, well that means that as long
as it is not really happening, it is only acting - a time-tested form of freedom of
expression. Therefore if the girl is 15 then it must be OK right? So an actual analysis of
the first section of 18 USC 2257 leaves the age of the model undetermined unless the model
is actually having sex. It is only in the interpretation of the law by our legislative
branch that the "actual" ground rules, which we in the Adult Industry must work
by, are laid out for us.
Concise 18 USC 2257 seems short enough. It is barely one page in length. So in the two
minutes it takes to read through it we might think that there is nothing to it. What I
learned in law school was that being a lawyer sucks and producing adult videos does not
suck. It also made me decide to look deeper into 18 USC 2257 before I started SobeGirl to
find out exactly what I was legally allowed to produce.
What I found was that the 18 USC 2257 is
just the tip of the iceberg. There are hundreds of pages of decisions concerning USC 2257,
each of which moves further into explaining what can and cannot be done. Like for example
why that model cannot be 15 years old. · From CHAPTER 110 or 18 USC 2257- SEXUAL
EXPLOITATION AND OTHER ABUSE OF CHILDREN you can read: Including both photographic images
of actual children engaging in such conduct and depictions produced by computer or other
means, which are virtually indistinguishable to the unsuspecting viewer from photographic
images of actual children engaging in such conduct.
This basically defines that use of "actual" that I mentioned before. Here it
says that if it looks real it is assumed to be real. Even goes as far to say,
"depictions produced by computer" are considered "actual". Get a
little to creative with your Photoshop and you cold be looking at a Judge explaining why
you thought some child porn would get you a few more conversions. So actual does not
actually mean actual. It refers to what the viewer believes. This is a fine line as
distinctions go but clear enough when you start digging through the chapters of the US
code. And from what I understand this is where L&M got in trouble. The image in
question appeared to have an underage girl in it. From the viewers perspective there
appeared to be a very young looking girl even though in reality this was not the case.
I had lunch with one of the bigger producers down here in Miami one sunny afternoon.
Shortly after I met him, the guy totally reneged on some promises he made me. I assume he
based his decision on some kind of primitive survival instinct so I was determined to not
leave empty handed. Instead I took some good advice from this man who has been producing
content for a long time. He has managed to stay out of trouble in this trouble prone
business and it was his secret that I was after.
He told me to not produce content that could be considered questionable. I am talking
about that kind of content that makes young (legal) girls look even younger. Cheerleading
outfits and pig tales can shave years off a model and tack years on to your sentence if
you don't have proof that the model was over 18 years old. Even if you have the proper
documentation you may beat the rap but you will never beat the ride. As the Adult Web Site
Operator you are not immune to 18 USC 2257 just because you are only buying the content -
so be aware.
Buy content only from reputable Content Providers who understand the law and abide by it.
SobeGirl produces only legal content. We have color copies of all our models' photo Ids in
electronic format along with signed release forms. All you have to do is ask and they will
be provided via email.
www. SobeGirl.com - True First-Time-On-Video Amateur hardCore / SoftCore video streams
and pics. OnDemand broadband video plug-in leased content. Place your banner, use our
bandwidth, rake in the dough. We bend over backwards to make you happy. Money back
guarantee weekly updates and much much more. "SobeGirl We Never Stop Fucking
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