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-   -   BREAKING NEWS: Constitutionality of 2257 upheld (https://gfy.com/showthread.php?t=889114)

gideongallery 02-21-2009 10:10 AM

Quote:

Originally Posted by Snake Doctor (Post 15531071)
It's obviously impossible to have a rational discussion about this here, because the people willing to discuss it are too emotionally involved.

I don't like this law, but I do understand the need for it. I don't think it's a case of the government harrassing pornographers, it's a law that is necessary in order to prosecute real CP.

(I'll say this again....how can you prove a model was underage if there was no ID copied at the time of production? The answer is you can't. Therefore someone could shoot CP and never get caught because there would never be proof that the model was underage. With the 2257 law, that person would at least go to jail for not keeping records, and having that person locked up would protect children)

which justifies making it a requirement for the primary producer ONLY. you are trying to argue that the law in its entireity is valid, including the secondary producer requirements

Quote:

Nobody is willing to answer this question or provide a better alternative.
Gideon tried, but the method he came up with is actually much more complicated and harder to implement and enforce. He just likes it because it wouldn't require him to keep records, it would put all of the responsibility on someone else.
please explain exactly how it is harder to enforce, take this specific example
ron jeremy has acted in 1000 movies, he is well over the age of majority. Each of those movies have been licienced to 100s of web sites (1000 if you include gallery submitters)
which means under the current law that 1000*100 records to be checked for 1 person.

under the super id example those 100,000 records to check would become 1 record check.

This is from the point of view of the goverment operative not the webmaster.

How exactly is the first solution easier to enforce then the second one.


Quote:

Everyone else seems to be doing just what we always do here....bitch about what we don't like about this law, without offering a better way to do it.
while i agree with this statement, you still haven't explained how "super id" solution would be more difficult to enforce than 100,000 fold duplication of id solution. which means you are basically doing the same thing from the opposite side.

topnotch, standup guy 02-21-2009 10:47 AM

Quote:

Originally Posted by Snake Doctor (Post 15527194)
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.

Sure you do... and so does the government.

The old 2257 law (as poor as it was) would in fact be the way to go if they really cared about kids.

The new law is utterly and completely incomprehensible and it is, therefore, impossible to comply with.

It's that simple.

This isn't about kids, it's about harassment.

If they cared about kids they'd give us a law that normal human beings could read and comply with.

Snake Doctor 02-21-2009 10:49 AM

Quote:

Originally Posted by gideongallery (Post 15531375)
which justifies making it a requirement for the primary producer ONLY. you are trying to argue that the law in its entireity is valid, including the secondary producer requirements



please explain exactly how it is harder to enforce, take this specific example
ron jeremy has acted in 1000 movies, he is well over the age of majority. Each of those movies have been licienced to 100s of web sites (1000 if you include gallery submitters)
which means under the current law that 1000*100 records to be checked for 1 person.

under the super id example those 100,000 records to check would become 1 record check.

This is from the point of view of the goverment operative not the webmaster.

How exactly is the first solution easier to enforce then the second one.




while i agree with this statement, you still haven't explained how "super id" solution would be more difficult to enforce than 100,000 fold duplication of id solution. which means you are basically doing the same thing from the opposite side.

You are assuming that the feds would check the ID of the same performer over and over again. That's not reality.
If there is a model of questionable age, they'll check his/her ID once and then move on.

You have this fantasy where hundreds of FBI agents are dispatched to check the same performer's ID 1000 times. That's not how it's going to happen.

The "super id" solution is kind of what's going to happen now since the feds are going to allow 3rd party record keepers. So the primary can pay a 3rd party to keep records, and the secondary can list that same 3rd party as custodian of records for that particular scene.

The thing with that though, is that as a secondary producer, I would still insist on inspecting the records myself.....because what if the girl was actually underage?
If you buy content from an overseas producer and then just "take their word" that the girl was of legal age, and then come to find out she's not, then you are guilty of publishing CP, whether you intended to or not, and can go to jail for doing so.

Even though there is a 3rd party keeping the records and keeping them organized, it's kind of like having a CPA do your taxes. They do all the heavy lifting but at the end of the day, if a mistake was made, you're responsible for it, not the CPA.
In the same vein, a secondary is responsible for the content they choose to publish, even though the actual records inspection will happen elsewhere. :2 cents:

gideongallery 02-21-2009 11:15 AM

Quote:

Originally Posted by Snake Doctor (Post 15531541)
You are assuming that the feds would check the ID of the same performer over and over again. That's not reality.
If there is a model of questionable age, they'll check his/her ID once and then move on.


You have this fantasy where hundreds of FBI agents are dispatched to check the same performer's ID 1000 times. That's not how it's going to happen.

ok explain how they will magically know.

you previously said the looks young test would not work, yet now you are using it as a justification to say what i say would happen would not happen. You can't have it both ways. IF the "looks young" test would not be adequate then they would have to check the id page by page.

My binder has kimberly franklins id, on 7 different pages.
someone else may have bought 20 scenes with kimberly franklin (my 7 plus 13 more) how would they magically know not to check those pages. How do those pages magically disappear from the second persons binder so that agent doesn't even have to look at them.

They don't
that is where the duplication of effort happens

under the superid system, i would have one super id for kimberly franklin, and a list of the set she is in.

the second person would have the same for his 20 sets. It would not matter who the shooter of the content was, which company i bought it from, or what country it was shot in.


Quote:

The "super id" solution is kind of what's going to happen now since the feds are going to allow 3rd party record keepers. So the primary can pay a 3rd party to keep records, and the secondary can list that same 3rd party as custodian of records for that particular scene.
a model specific super id system, is far superior to current system, specifically because the government would be responsible for issuing the super id.

Quote:

The thing with that though, is that as a secondary producer, I would still insist on inspecting the records myself.....because what if the girl was actually underage?
If you buy content from an overseas producer and then just "take their word" that the girl was of legal age, and then come to find out she's not, then you are guilty of publishing CP, whether you intended to or not, and can go to jail for doing so.
and the same would be true if they gave you a photo copy of a fake id.

Quote:

Even though there is a 3rd party keeping the records and keeping them organized, it's kind of like having a CPA do your taxes. They do all the heavy lifting but at the end of the day, if a mistake was made, you're responsible for it, not the CPA.
In the same vein, a secondary is responsible for the content they choose to publish, even though the actual records inspection will happen elsewhere. :2 cents:
except that when tracy lords was shot with under age porn the shooter got off because the id she used successfully passed government screening (she used it to fly out of the country). The current solution makes you liable for fake id, the super id which the government issues would not.
The simple fact is the government can run down a lot of id information that i can not. They have a much better chance of catching fake id then i would ever have. Granted if manditory it could be abused, that why you would make in optional. But even if you were to choose not to take advantage of the "super id" then it would be no worse than it currently is.

Secondary producers/primary producers would have an insentive to hire models who have a super id, becuase it would prevent them from being unfairly harrassed, or liable for mistakes that could happen.


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