All
of this can seem pretty scary. So, how do the new 2257 regulations
affect you as a viewer?
They
don't...
...so
long as you only like to view adult material for your own private use
and aren't redistributing it elsewhere. If this is the case, you
can relax, all of this means nothing to you.
However,
under the new laws, anyone who creates, produces or republishes any images
accessible for use by US citizens regardless of location of origination,
containing actual sexually explicit material is required to maintain appropriate
records for all models appearing in said work.
Basically,
if you copy a sexually explicit image or video from a web site and post
it to another site accessible to a US audience, you become a secondary
producer and must obtain and maintain the age verification records for
every model in the work. This includes image attachments to any
groups, bulletin boards or anywhere on the web. These records must
then be cross-indexed by URL location and/or title of work, model name
and model alias, maintained for up to 7 years and made available for inspection
by proper authorities without prior notice during normal business hours.
Any violation of these regulations can carry up to 5 years in prison for
a first offense and up to 10 years for each offense thereafter.
But,
as stated above, if you are only a casual viewer of legal age and are
accessing only legal adult material in an area where such material is
allowed for your own private use, you are protected by your First Amendment
rights and have no need to worry. So, enjoy the show! |
2257
Stipulated Agreement Extended Again
By: Brad
Wiley
Originally posted 11-30-2005 at AVN.com
DENVER, Colo.
- A motion was filed in the U.S. District Court of Colorado this
afternoon that extends for one month the original stipulated agreement
between the parties for a temporary restraining order (TRO) in
Free Speech Coalition et al v. Alberto Gonzales.
The extension will terminate December 30, 2005, or until the Court
rules on Plaintiffs’ motion for preliminary injunction, whichever
occurs first. During that time period, the Justice Department
is restrained from inspecting or enforcing U.S.C. 18 § 2257
against plaintiffs in the case, which includes all members of
the Free Speech Coalition.
Terms
of the original stipulation are once more maintained intact. The
Free Speech Coalition would like to thank its members and the
adult community for their support and patience during this time
period, and also express appreciation to the FSC attorneys for
their efforts, and to the U.S. Justice Department for its cooperation.
______________________________
2257
Agreement Extended Again
By: Wade
Garrett
Originally posted 10-31-2005 at AVN.com
DENVER - A motion was filed in the U.S. District Court of Colorado
this afternoon that extends for one month the original stipulated
agreement between the parties for a temporary restraining order
(TRO) in Free Speech Coalition et al v. Alberto Gonzales.
The extension will terminate November 30, or until the Court rules
on Plaintiffs’ motion for preliminary injunction, whichever occurs
first. During that time period, the Justice Department is restrained
from inspecting or enforcing U.S.C. 18 § 2257 against plaintiffs
in the case, which includes all members of the Free Speech Coalition.
Terms of the
original stipulation are once more maintained intact, and it is
still the expectation of the attorneys for the Free Speech Coalition
that a decision by U.S District Court Judge Walker D. Miller on
the Plaintiff’s motion for a preliminary injunction will be rendered
soon.
“We understand
that the adult entertainment community is as eager as we are to
have a ruling on our motion for a preliminary injunction,” said
FSC Executive Director Michelle L. Freridge, “but sometimes the
wheels of justice revolve very slowly, and we simply must be patient.
But make no mistake, we are as confident as ever that our arguments
challenging these abusive regulations will win out at the end
of the day. We appreciate your patience, and look forward to ultimate
victory in this significant battle to protect your free speech
rights.”
The Free Speech
Coalition thanked its members and the adult community for their
support, and also expressed appreciation to its first-class free
speech attorneys for their efforts, as well as to the U.S. Justice
Department for its cooperation working out the details of the
extension of the stipulated agreement.
______________________________
Free
Speech Coalition and the Department of Justice Reach Agreement
Suspending 2257 Enforcement for Plaintiffs and FSC Members
Originally
Posted 06/23/2005 at www.freespeechcoalition.com
Denver, Co.
- The Free Speech Coalition (FSC) announced today a stipulation
between the parties in Free Speech Coalition et al v. Alberto
Gonzales, under which the U.S. Department of Justice agrees that
the regulations relating to the federal record-keeping and labeling
law, 18 U.S.C. §2257, will not be enforced against plaintiffs
and all FSC members until September 7, 2005.
The
U.S. District Court in Denver will hold a preliminary injunction
hearing on August 8, 2005, after which the judge will determine
whether to issue a further injunction.
Specifically,
the DoJ will not conduct any inspections or pursue any claims with
regard to the plaintiffs and their members, but reserves the right
to inspect and prosecute anyone who is not a plaintiff or FSC member.
According
to the stipulation, agreed to and issued as an order of the Court
today, the DoJ, will submit any entity it intends to inspect to
a Special Master who will then check the entity’s name against a
sealed and confidential FSC membership list. The Special Master
will be appointed by the Court, with the consent of the parties,
and will be under a specific obligation to maintain the confidentiality
of the FSC membership list.
A
master list of members will be submitted to the Special Master on
Wednesday June 29, 2005, and will include all FSC members as of
2:00 p.m. pacific standard time, Saturday June 25, 2005.
At
no time will the DoJ have direct access to the FSC membership list,
which will remain under seal. |
| ______________________________ |
| U.S.
Enacts New Adult Industry Regulations. Recent
changes in Federal Regulations due to take effect on June 23,
2005 will have serious repercussions affecting the adult industry.
As a result, you will most likely see many Adult Web Sites shutting
down under the pressure of the new laws.
All
adult web sites are required to adhere to what is called U.S.C.
Title 18 Section 2257. These regulations were put into place
in the early to mid 1990's to help in the fight against child pornography
and exploitation by requiring the producers and manufacturers of
adult material to maintain records as to the age of each performer
appearing in any sexually explicit material. These regulations,
not clearly taking into account the varying aspects of the developing
internet, were believed by many to be in need of clarification.
In response to pressure from the political right, the Department
of Justice has not only updated but added many new rules to the
2257 regulations. Challenged by the Adult Industry through
the ACLU and the
Free
Speech Coalition, these new laws are considered to be overly
restrictive and unnecessary in the fight against child exploitation.
(A .pdf file containing the new 2257
regulations may be viewed here.) While the Adult
Industry is in complete support of the fight against the exploitation
of children, it is believed the new laws will prevent responsible
adult webmasters from continuing to provide services protected under
the First Amendment rights of free speech.
One
major concern under the new regulations, is that now all "Secondary
Producers" are now required to hold and maintain age verification
records for all models appearing in any sexually explicit material.
Basically, this means any web site offering material provided by
a third party or offering photos and videos taken from other sources,
now has to have age verification documents on file or face up to
10 years in prison for each offense. Many arguments have been
waged against this new rule among which is the privacy rights of
the models themselves. In an age where ID theft is a major
concern, not to mention the threat of stalkers, the distribution
of a models personal identification is a considerable risk.
It is believed most content providers will not realistically be
able or willing to make this information available and therefore
force many otherwise responsible web sites out of business all-together.
________________
We
at Extreme Boyz are committed to fighting for our rights as citizens
in a free society and will continue to provide a quality and responsible
internet destination for responsible adults. As such, we are
paid members of the Free
Speech Coalition as they act as the voice of the Adult Industry
and fight to bring understanding and enlightenment to the law-makers
within our government.
If
you value your rights to view material as found at Extreme Boyz
and wish to not have your freedoms infringed upon, you may wish
to make a donation to the Free
Speech Coalition, a non-profit organization dedicated to promoting
the acceptance of the adult industry in America's business community,
and supporting greater public tolerance for freedom of sexual speech.
"Freedom
Isn't Free!" - http://www.freespeechcoalition.com
Joe
Roberts
Webmaster,
ExtremeBoyz.com |
|
Active Member
All members of the Free Speech
Coalition as of June 25th fall under the recent ruling preventing the
Department of Justice from enforcing the new 2257 regulations pending
further review as to their constitutionality and enforceability.
|
