BREAKING NEWS: Constitutionality of 2257 upheld
 

The decision has now been issued from the en banc court in the Connections case regarding the constitutionality of Section 2257. The facial constitutionality of the law has been upheld :(

Bravo. Buh bye U.S. based tubes.

Submitting my 'annoymous tips' to the F.B.I. now.

:)

I'm feeling generous so I uploaded a copy of the decision, you can download it HERE.

link?

...

thanks lemme read

Proud not to be American.

right 72 pages

anyone care to tell me what it says in 2 words? Also this is Ohio court, does this apply to the whole of the US then or just Ohio state?

FYI we have all models releases and twin IDs on file so this is just for me being updated on the 2257 issue

Someone smarter than me care to break that down as to what it says and what it will potentially mean to the industry?

:1orglaugh

I'll probably catch hell for this, but here goes.

I know 2257 sucks for us, and I know most of you can point out all the things that are wrong with it....but if you were the government, and wanted to stop child p*rn and make sure minors weren't being used in commercial p*rn productions....how would you do it?

What way do you have that's better than what the gov't has?

I'm not saying I like their way, I don't, I'm just saying if I were them and were trying to protect children, I don't know of a better way to do it.

So the original judgment was over turned?

right

so you have no clue either np Ill take it to our lawyer

You asked for two words asshole, that's what I gave you.

The judgment was released like 5 minutes ago...I doubt anyone, including the lawyers involved in the case, have read all 72 pages yet.

all it means is 2257 stands as it is. I have no problem keeping records but they have made it more and more complicated.Also I have problem with if the model is of age but for a clerical error I could go to jail.

Depends on what you mean by original. This case has been around since 1995.

The recent decision by the 3 judge panel was overturned by this one.

Best to protect yourself. Anyone who wants to sell US based tubes go ahead and contact me.

Lenny thank you for giving us the info.

NOPE.... all the tubes have to do is buy content...

anyway, I know for a fact that 2 of the tubes are spending $500k a month for bandwidth so, that should tell you what a few of the tubes are making per month...

and of course the tubes could just roll their hosting o/s...

harrassing legit producers is not the way to success, no one of us shoots underage porn (at least i hope so). and girls like Tracy Lords are not the problem, it's babies and kids between 0 and 12 years.

you need to attack CP on the billing level - why do russian (or wherever) based billing companies show up that process CP sites with Visa or Mastercard?

and ISPs would need to do more - although this is a dangerous topic since they can easily be used to block legit porn as well once they start censoring. but why is it possible for example that still newsgroups exist where CP is uploaded every day and you can access everything for $9,95 a month?

but whatever you do - it will never go away, you can just make it as hard as possible to access

the last time they did inspections there were a lot of clerical errors and no one went to jail... :2 cents:

Yeah. If all they had to do was, 'buy content', then there would not be so many tubes out there with full length stolen content. Which is mainly whom I am referring to.

I do not think anyone in this business has much beef with legal tubes BRO.

Hosting has nothing to do with where the person/business owner resides, is based out of, and pays taxes.

You may wanna bone up on the law of 'residency'.

:2 cents:

wow thats big news

Agreed. No one in this legitimate industry wants to see child porn and is more than happy to keep paperwork, copy I.D.'s, and so forth. On the same note, it becomes a slippery slope when you get into porn at ISP, billing, and regulation level especially when the government is involved. They are far from a scalpel.

i know you're new in this adult business, so i'll help you...

do you have any idea what the corporate structure looks like for some of these companies?

you would be amazed at how many companies shield the primary...

let me know how your call goes with the FBI...

:1orglaugh:1orglaugh

I think I'll go with what my lawyer told me on the 2257, and residency issue when I had asked a number of years back versus marketsmart from GFY's 'hot tips' on the law.

No offense toots.

Again let me be clear I'm not defending the government or this statute....just a bit of devil's advocate because I can't think of a better way to do it than their way...even though I agree totally there are alot of problems with their way.

Attacking CP on the billing level. How do you decide what is and what isn't CP without age verification?
Sure the obvious stuff can get weeded out, but there is alot on the fringes...there are 16 years olds who look 25 and 25 year olds who look 16.
How do you know whose billing to cut off and whose not to?

Also, alot of this stuff isn't done for profit. It's traded freely....but how can you arrest those guys when you can't prove the model was underage?
At least with 2257, if you can't prove she was underage, you can jail the offender for not gathering the required records before producing the porn.

seriously, i know what the laws are regarding residency, i lived offshore for many years..

my point was that being able to prove that a person owns an interest in an offshore company doing business in the US isnt as easy as a lot of people think..

based on what i know certain people do in this biz, i am amazed that quite a few arent in jail yet.. :2 cents:

True dat fucking shit nig.

Sure but that's a much more complicated (and expensive) thing to set up.

You said earlier "the tubes could just roll their hosting offshore", as if that was all that was needed to avoid 2257......a U.S. based webmaster is subject to U.S. laws regardless of where the webserver is. Hosting your site in Amsterdam doesn't exempt you from the law.

That's the point barefootsies was making and now you're arguing something totally different. Just admit you were wrong and oversimplified it and move on. :2 cents:

i was talking about the big tubes.. who gives a shit about the little tubes..

trust me, i know a lot more about offshore structure and banking than you do..

and for the last time, i know the laws regarding being a US citizen regardless of where your servers our business are located..

when i want your opinion, i will summon you... UNDERSTAND :thumbsup

What a conicidence. I was up till 2 AM last night getting all of my paperwork in order.

Someone tell me this ruling will make tube sites, stolen content, cross-sales, shaving and doridori go away. It will, right?

Nobody cares what size tube you were talking about...and if you know so much about offshore structure and banking then why did you say all the tubes have to do is roll their hosting offshore?

Admit that you were wrong and move on.

If you're not man enough to do that....then keep changing the subject and throwing veiled insults around like you have been, but don't expect the rest of us to take anything you say seriously when you're not willing to admit you were wrong OR you're not willing to stand behind what you say.

kthxbai

well having every content owner having to have documentation is wasteful, it means that if a scene is licienced to 1000 sites there is 1000 records that need to be checked.
primary producers having the ids, and refering id document would be more effective, because agents who are now wasting their time re checking the same docs could be put on things that actually catch kiddie porn producers (sting operations)

So what does it mean for us?

So what you're saying is that the part of the law you don't like is the secondary producer provision?

What if the primary producer is outside of the U.S., but the secondary producer is in the U.S.?

Wouldn't showing a primary producer custodian of records address outside the U.S. be all that anyone needed to publish child p*rn without any consequences?

Again, remember I'm speaking from the point of view of a government official who wants to protect children and eliminate child p*rnography. (not the point of view of a pissed off webmaster who is being inconvenienced)
How can I do that if there are no age verification records to prove the models are/were of age?

NERD FIGHT!!!!!!!!!!! :1orglaugh :winkwink:

Ok so they overturned the 6th court decision? Need more info please. Unless the 6th court was overturned (live in 6th court area) I don't think anything will happen. Also it would till be open to appeals yet. We keep all proper records anyways, it just influences the stupid 2257 page, or links, and how much info we have to give out to the public that pisses me off. Ill leave ours up as an email link to request information for the time being.

It was the 6th circuit overturning itself. (The full court overruling the 3 judge panel that had ruled earlier)

The way it works is the fbi reports back to the DOJ and the DOJ decides what to do. Just because they havent did anything yet doesnt mean nothing will happen. Even if they do nothing the law gives them the right to do it.

Hey, just because the government has certain powers doesn't mean we can't trust them to not abuse those powers. I mean hell, that whole PATRIOT act thing has worked out pretty well right? :1orglaugh:1orglaugh

Well that sucks.

It's coming.....

A Third Party Record Keeping service that will eliminate all affiliates major concerns regarding compliancy...

News at 11.

Well let's not forget that you created affiliates, and third parties. :thumbsup

tell them to move it and make it affordable.

Countdown to KB namedrop in
http://video1.streamlike.com/hosting/demo/countdown.gif

2257safe.com will be live by the Phoenix Forum
We are beta testing for the next few weeks.

We will have a formal press release out next week.

Sweet idea. How will this help secondary producers?

well that was one of my problems
however that can be solved with a requirement that to be complient there must be a primary producers designated within country. IF you buy from a foreign country producers either they setup ONE designated authoritiy for thier stuff, or release the docs openly and publically.

Since EVERYONE will not do that (ie canadians who have to worry about privacy rights would have to take the designate position) it would significantly reduce the administrative load of such a change.

IT much better than FORCING it to every secondary producer, and creating the wasted duplicate checks.

i dont even own a printer. can someone explain what this means for blogs, tgps and gallery submitters?