On May 17, approximately eight months after closing public comments, the United States Department of Justice released their newly amended 2257 regulations.
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"If you aren't familiar with 18 U.S.C. 2257, then there's no time like the present." |
If you aren't familiar with 18 U.S.C. 2257, then there's no time like the present.
18 U.S.C. 2257 is part of the US Code of Law. Specifically, it covers the record keeping requirements for those that publish images of a sexually explicit nature. The law has been a law since 1991 and it is designed to keep models under the age of 18 (like Traci Lords) out of porn.
When the 2257 regulations were first written, the Internet was still in its infancy. Lawmakers did not foresee paysites and TGP galleries. In 1991, the major sources of smut were magazines, video and film.
The idea behind 2257 is simple, yet honorable. People that create porn should be held legally responsible for making sure their models are over the age of eighteen. 2257 requires that a content producer checks and documents a model's ID.
Fair enough. At least, everything was fair enough until May 17.
Actually, the unfairness began in June of 2004. That's when the DOJ released its proposed new regulations. Those proposals sent the adult webmaster community into a tizzy. What was once a four-page set of regulations, suddenly became thirteen pages long. Secondary producers were deemed as liable as were primary producers. A single link to the original producer's name address and phone number would not be sufficient documentation. Each image would have to be cross-referenced to the model and URL. What's more, any goober with the money to buy a set of images would be privy to the real name of that model and his/her real address.
Why did the DOJ change the regulations?
There are a few reasons. One of them is good.
The good reason is that the old 2257 was out of date. The old 2257 did not cover the Internet. TITLE 18 U.S.C. 2257 had to be amended for the times. The old 2257 covered print and film but it did not directly address porn on the web. The old 2257 did not prevent underage models from posing for Internet smut.
Don't be mistaken. The majority of Internet content producers -as well as adult webmasters- have obeyed 2257 regulations from the beginning. We have always made sure that models are of legal age. We are not deviants. We have no interest in the sexual exploitation of children. That's what record companies are for.
Nevertheless, the proposed regulations went above and beyond what was necessary to protect children. The proposed regulations called for mountainous amounts of paperwork that could be inspected 24/7, at the whim of the DOJ. The proposed regulations would make public the real names and addresses of models. The proposed regulations would make virtually all adult webmasters legally accountable for 2257.
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After the DOJ released their proposed regulations in June 2004, they allowed a public comment period that lasted until August 2004. After the public comment period ended, the proposed regulations disappeared from the DOJ site and we waited eight long months.
The attorney General's office announced the newly adopted 2257 regulations on May 17, 2005. They waited another week (May 23) to post them on the Federal Register. The new 18 U.S.C. 2257 goes into effect on June 23, 2005.
Sadly, the new, actual regulations differ little from those that were proposed. We still have to cross-reference every image with the model and URL. Secondary producers are still as legally accountable as primary producers are. Any goon with a few bucks can obtain the address and real names of models.
Meanwhile, the monsters that create child porn will go about their business as they always have. They don't check IDs. They don't launch public paysites or submit galleries to TGPs. They don't buy hosting on well-known servers. They sure as hell don't set up merchant accounts or work with IPSPs. Real producers of CP don't try to run their businesses legally. They lurk in the shadows as they have always done.
Nevertheless, we adult webmasters will have to abide by the mandate of the US Department of Justice. Some of us will retire. Some of us will move offshore. Some of us will stand and fight these overreaching regulations. Whatever you choose to do, here is some advice:
Consult a lawyer familiar with adult Internet law. You can find many great lawyers on CozyFrog in our Legal Services listings.
Also, read the new 2257 regulations for yourself. You can find them at: