"New" 2257 Regs in a Nutshell

[gonzo]

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...=102982#102982

[TheEnforcer]

Will be intersting to see the reaction to this....

[Toby]

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]

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?