Your new and improved 2257 statute

[sarettah]

Ok, a few days back I had posted an article about Hollywood bitching about 2257 etc. I missed the implications in that article. Today I did some snooping and there is some scary shit going on that I am not seeing anyone raising the red flag over.

A bill was introduced in the House of Representatives on June 30 and passed by them on September 14th (passed 371-52). Although most of the bill relates to sexual predators and sexual offender registrations, there are at least several sections that could have a definite effect on the Adult internet.

I am still reading and figuring this all out, and I have to go to dinner tright now but I worked up the part that changes the wording of 2257 significantly.

Now, this is different (and probably much more important) than the 2257 changes that went into pseudo-effect back in June. Those were changes to the rules governing the record keeping requirements of 2257.

This is a change to 2257 itself.

http://www.govtrack.us/congress/bill.xpd?bill=h109-3132

H.R. 3132: Children's Safety Act of 2005

House Judiciary

Official Title: To make improvements to the national sex offender registration program, and for other purposes.

Other Titles: DNA Fingerprinting Act of 2005
Foster Child Protection and Child Sexual Predator Sentencing Act of 2005
Prevention and Deterrence of Crimes Against Children Act of 2005
Protection Against Sexual Exploitation of Children Act of 2005
Sex Offender Registration and Notification Act

Text of the bill: http://www.govtrack.us/congress/bill...bill=h109-3132

section of the proposed law dealing with 2257:
http://www.bntnews.com/childrens2005_1.htm

What 2257 looks like with the changes:

http://www.bntnews.com/new2257.htm

[NickPapageorgio]

Ok I read that as, "If I draw a sexually explicit image...I need docs?" Did I read that wrong lol. I must have. lmao...

[Mike AI]

Originally Posted by sarettah

Ok, a few days back I had posted an article about Hollywood bitching about 2257 etc. I missed the implications in that article. Today I did some snooping and there is some scary shit going on that I am not seeing anyone raising the red flag over.

A bill was introduced in the House of Representatives on June 30 and passed by them on September 14th (passed 371-52). Although most of the bill relates to sexual predators and sexual offender registrations, there are at least several sections that could have a definite effect on the Adult internet.

I am still reading and figuring this all out, and I have to go to dinner tright now but I worked up the part that changes the wording of 2257 significantly.

Now, this is different (and probably much more important) than the 2257 changes that went into pseudo-effect back in June. Those were changes to the rules governing the record keeping requirements of 2257.

This is a change to 2257 itself.

http://www.govtrack.us/congress/bill.xpd?bill=h109-3132

H.R. 3132: Children's Safety Act of 2005

House Judiciary

Official Title: To make improvements to the national sex offender registration program, and for other purposes.

Other Titles: DNA Fingerprinting Act of 2005
Foster Child Protection and Child Sexual Predator Sentencing Act of 2005
Prevention and Deterrence of Crimes Against Children Act of 2005
Protection Against Sexual Exploitation of Children Act of 2005
Sex Offender Registration and Notification Act

Text of the bill: http://www.govtrack.us/congress/bill...bill=h109-3132

section of the proposed law dealing with 2257:
http://www.bntnews.com/childrens2005_1.htm

What 2257 looks like with the changes:
http://www.bntnews.com/new2257.htm

This is a good catch. Someone needs to see what the Free Speech Coalition is doing about this.

[NickPapageorgio]

Nevermind...I missed the 'actual human being' part lol. My brain misses words sometimes.

[sarettah]

Originally Posted by NickPapageorgio

Nevermind...I missed the 'actual human being' part lol. My brain misses words sometimes.

No, actually I think you read it right. One comma makes all the difference in the world:

a) Whoever produces any book, magazine, periodical, film, videotape, digital image, digitally- or computer-manipulated image of an actual human being, or picture, or other matter which—

(1) contains one or more visual depictions made after November 1, 1990 of actual sexually explicit conduct; and

(2) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce;

shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction


***********

actually filming, videotaping, photographing; creating a picture, digital image, or digitally- or computer-manipulated image of an actual human being; or digitizing an image, of a visual depiction of sexually explicit conduct; or, assembling, manufacturing, publishing, duplicating, reproducing, or reissuing a book, magazine, periodical, film, videotape, digital image, or picture, or other matter intended for commercial distribution, that contains a visual depiction of sexually explicit conduct; or, inserting on a computer site or service a digital image of, or otherwise managing the sexually explicit content, of a computer site or service that contains a visual depiction of, sexually explicit conduct and

[Dravyk]

Looks to me that a) webmasters are primary producers, and that includes free hosts, TGP owners, link list owners (those who manage a site) ... as well as b) comuter graphic design and yes, drawn anime, are now in there.

[sarettah]

There are 2 other sections in the bill that I thought could impact folks possibly.

They completely rewrote the forfeiture rules when busted for obscenity and replaced them with the rules for forfeitures for controlled substances, they added 2257 violations to the forfeiture rules.

As I read that (and I am not a lawyer) it means that it makes it a lot easier to grab property when you're busted for obscenity and puts you in the position of proving your innocence and then even then maybe not getting your stuff back (just like now with drug busts)

And they changed the wording of certain sections dealing with obscenity, changing it to cover producers of obscenity not just distributors etc.


In addition, they tacked a hate crimes statute on to the very end of the whole mess.

I just love the way we get laws passed around here, it's a wonder if any congressman or senator really knows what they are voting for or against

[sarettah]

Clicked around a bit and found a better formatted version of the bill:

whole bill:
http://thomas.loc.gov/cgi-bin/query/.../~c109Ohx8vk::

section dealing with forfeiture:
http://thomas.loc.gov/cgi-bin/query/...hx8vk:e135797:

section dealing with production of obscenity:
http://thomas.loc.gov/cgi-bin/query/...hx8vk:e138591:

Hates crime prevention tack on:
http://thomas.loc.gov/cgi-bin/query/...hx8vk:e140634:


Title 18 lookup that I usually use if you want to know what it is before the changes:

http://www.access.gpo.gov/uscode/tit...apter110_.html

Criminal statute on forfeiture that is being changed:

http://www4.law.cornell.edu/uscode/h...7----000-.html

[Sin]

I've made threads like this around the place the last couple of weeks, been trying to keep track of it ever since they came out with the revisions on Sept 14th. Unfortunately few seemed to read the implications, even fewer seemed to care, (or maybe they didn't understand)

Even more unfortunate is that so far its showing no sign of stopping...

[Osiris]

Originally Posted by Sin

I've made threads like this around the place the last couple of weeks, been trying to keep track of it ever since they came out with the revisions on Sept 14th. Unfortunately few seemed to read the implications, even fewer seemed to care, (or maybe they didn't understand)

Even more unfortunate is that so far its showing no sign of stopping...

Can I move in with you?

I'm starting to hate the U.S. more and more by the millisecond!