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View Full Version : "New" 2257 Regs in a Nutshell


gonzo
12-19-2008, 02:32 PM
The bullets below (courtesy of DoJ!) will give you an idea of the changes Justice has agreed to make.


Consolidated the publication of the final versions of the two proposed rules into one final rule;
Ensured that the regulatory requirements applicable to depictions of actualsexually explicit conduct consisting of lascivious exhibition apply starting on the date of availability of the statutorily provided safe harbor;
Permitted the use of third-party custodians of records;
Permitted records to be maintained digitally;
Clarified the exemption from the record-keeping requirements for those engaged in distribution;
Clarified that, for purposes of the requirement that every page of a webpage contain the disclosure statement, a hyperlink or “mouseover” is permitted;
Eliminated the requirement that statements on the location of records contain a date of production (or any other date), although added a requirement that primary producers create a record of the date of production;
Clarified the application of the requirements regarding location of the statement to DVDs; and
Eliminated the detailed information required by the certification regime, and replaced it with a significantly simpler certification.
Read more information and Tom's questions at http://www.xbiz.com/blogs/blog.php?b=tom&bid=102982#102982

TheEnforcer
12-19-2008, 03:51 PM
Will be intersting to see the reaction to this....

Toby
12-19-2008, 03:57 PM
And still not a thing on the FSC web site. Not even a mention that the new regs have been released and are being reviewed.

RawAlex
12-19-2008, 04:17 PM
Gotta love this:

DoJ also says that adult Tube sites "... may be exempt from keeping records, since the original individual producer who posts a depiction on that site is required to affix a disclosure notice to each page of the sexually explicit depiction..."

it's amazing that they still don't seem to know the difference between pages and videos / digital material. A flash movie can be played without a page, would that make it exempt from record keeping because it isn't on an actual page? Would every clip (video or otherwise) have to have a 2257 notice that is on the screen for the required 30 seconds or whatever it is to be read?

Also, define distribution - would a magazine be a primary producer, a secondary producer, or a distributor? What about a website publishing only sponsor content, or a blog only posting links and a single sample pic that points to sponsor content? Would every blog have to have a list of 2257 for every item it runs? Or are blogs just another distributor?

Banner ads? Hello?

If I put the word "tube" on a site, do I suddenly become exempt?