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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 Around"