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Old 01-20-2009, 08:31 AM   #1
ScottXXX
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How do I have a 2257 without revealing address

Hey.. are there any solutions for the 2257 for people who are casual adult webmasters working out of the house? I have been working on web for 10 years but I am newish to adult.

I really don't want any visitors to my house. lol..
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Old 01-20-2009, 09:09 AM   #2
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Well as much as I know u do not really have to provide an address.

What you have to provide is a way of contacting you or the 2257 Records keeper.
I think a real valid email were you are always available is OK.

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Old 01-20-2009, 01:16 PM   #3
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I believe that this is still under review and being worked on legally, but it seems they are going to allow third party holders of 2257.

Go to one of the main attorneys sites and see what they have to say about it..www.adultsitelaw.com or something like thta
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Old 01-20-2009, 11:09 PM   #4
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I am an attorney, and while there's been a lot of commentary on the issue, the regulations are still pending. 2257 currently requires you to provide the name and address of the records keeper, and the records keeper needs to be located at your main place of business. So for the time being, you're stuck.
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Old 01-20-2009, 11:29 PM   #5
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My bad. Recent amendments (Dec. 28) to 28 CFR part 75 (the regulations that clarify 18 CFR 2257) do allow 3rd party maintenance of records. See:
§ 75.4 Location of records.
Any producer required by this part to
maintain records shall make such
records available at the producer’s place
of business or at the place of business
of a non-employee custodian of records.
DATES: This rule is effective January 20,
2009. Compliance date: The
requirements of this rule apply to
producers of visual depictions of the
lascivious exhibition of the genitals or
pubic area of a person and producers of
simulated sexually explicit conduct as
of March 18, 2009.
See Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Rules and Regulations
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Last edited by lacuna; 01-20-2009 at 11:34 PM..
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Old 01-22-2009, 08:21 AM   #6
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Find someone to manage your records for you
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Old 01-25-2009, 03:27 PM   #7
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Unless you have a third party custodian... which at this moment I do not think any exist.. you MUST list your home/business address where your records are. It cannot be a mail drop or a PO Box. It has to be a real address, or that alone is a violation of the notice requirements.

Remember, 2257 is a two part law, notice and record keeping. Screw either up and its a felony.
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Old 01-26-2009, 07:40 PM   #8
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Quote:
Originally Posted by pornlaw View Post
Unless you have a third party custodian... which at this moment I do not think any exist.. you MUST list your home/business address where your records are. It cannot be a mail drop or a PO Box. It has to be a real address, or that alone is a violation of the notice requirements.

Remember, 2257 is a two part law, notice and record keeping. Screw either up and its a felony.
I'll say it again, for emphasis: Remember, 2257 is a two part law, notice and record keeping. Screw either up and its a felony.



so so true.
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Old 01-29-2009, 01:19 PM   #9
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thanks :-)
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Old 01-30-2009, 07:46 AM   #10
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[QUOTE=pornlaw;15386528]Unless you have a third party custodian... which at this moment I do not think any exist..
QUOTE]

I would say that the first company to get issued a huge Directors and Officers Liability Policy(really growing industry due to the enrons of the world) will make a mint.
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Old 01-30-2009, 11:14 PM   #11
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Take a look at section 75.9 and see if you fit the "safe harbor" exemption.
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Old 02-08-2009, 01:50 PM   #12
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I caught a seminar on the legal issues of the adult biz at the Exxxotica show in NJ. The lawyer who was the speaker stressed that you need a real name and address and at any time without notice they can stop in and check your records. If things don't add up you can be prosecuted.

What I took out of this seminar the most was that you need to form an LLC, and if someone was going to try and get you for obsenity charges...they will look at your webpage as a whole...so you might want some softcore stuff mixed with the sick hardcore stuff. He also mentioned that some states don't allow selling of sex toys...so you need to know not to ship to these areas. Overall the show was a waste of time...more for the surfer of porn. I learn more on GFY then anywhere else about this biz.
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