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Court Reinstates Proof-of-Age Requirement For Nude Ads
arbitraryaardvark writes "An Ohio swinger's magazine objects to keeping proof on file that its advertisers are over 18. I reported here in 2007 that the 6th circuit struck down U.S.C. Title 18, Section 2257 as a First Amendment violation. The full 6th circuit has now overturned that ruling. The case might continue to the Supreme Court. The Cleveland Plain Dealer reports."
It should just be SOP that you have a proof of age statement for ANY model that could potentially be seen as underage, file it right along side the model release form - and call it a day. A little extra insurance saves tons of headaches later in life, and a little prudence and CYA never killed anyone in this lawsuit-happy world.
This Thread Is Worthless Without Pictures.
The proof-of-age thing really hits picture collectors hard. For those pictures that do not have a site tag on them, if questioned, the collector must be able to come up with proof-of age. The only thing a court needs to convict you of possession of child pornography is 'reasonable suspicion' that the subject of the photo is underage and the pose is considered 'sexual.' There are many models out there that are well above the age of consent that might raise suspicions.
Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
Honestly, who cares? As long as no one is hurt, it should be legal. The government is not our moral compass. As long as it does not negatively impact you or anyone who didn't agree with it (and agreement should not have an age restriction), it should be, by definition, legal.
Taxation is legalized theft, no more, no less.
You don't get publicly carded for buying beer. The transaction is only between you and the store, unless there is evidence of a crime being committed.
It is a deliberate tactic for anti-sex groups to threaten porn stars with stalkers. If they can't shame them into obedience, then they expose them to sexual predators.
I suggest you read Slashdot
Require a license number in really small print in the lower right corner on published pornographic pictures, with the actors' license number(s). And require them to be licensed. If anyone has any questions right there's the number and look it up. If the actor looks like the pic on file well then ok. If it doesn't have a number or if they're obviously not the same person, go after the publisher for consent. Problem solved.
I work for the Department of Redundancy Department.
This is about the people/models in the photo's, not the one's wanting to see it. It wasn't designed to protect minors from adult pornography, but to protect minors from predatory pornographers. I have to agree that the restrictions were far to onerous to be useful. The whole 'fantasy' of pedophiles is purported to all be based on appearance. If someone looks to be a little long in the tooth, then why force them to maintain a pointless record verifying that aren't hot to a pedophile?
It then comes down to who decides what looks 'legal' and who doesn't. I can see this turning into the same mess as ID verification for Alcoholic beverages (anyone over 30 ID'd). Somewhat of a joke since you can't really tell everyone age with any accuracy from looks.
If the law is too difficult or to sweeping to enforce without unnecessarily restricting someone's first amendment rights, then it should be overturned as unconstitutional. We have those protections for a reason.
They should find a better way to put the sick bastards away who peddle child porn.
Section 2257 says that records must be kept by ANYBODY who creates pornography either intended for distribution, or with equipment or materials that were sold or shipped via interstate commerce. It does not distinguish whether those videos or images were taken for personal reasons.
If you bought your camera on eBay, and you have taken pornographic pictures of your wife or girlfriend, the law very clearly applies to YOU. Which is not reasonable... but which is fact.
Clearly, the law *IS* overbroad.
(a) Whoever produces any book, magazine, periodical, film, videotape, digital image, digitally- or computer-manipulated image of an actual human being, picture, or other matter which ...
The word "produce" has a specific legal meaning that is not the same as "possess".
it's pretty implicit if not entirely explicit (no pun intended) under this topic heading that we're talking about nude models. I am stupider for reading your comment.
Do you have to have trial by jury in the States?
Here in Canada it is something that you can elect to have or you can have trial by judge. Seems to me that being accused of child porn you would be safer going without a jury.
https://en.wikipedia.org/wiki/Inverted_totalitarianism
But seriously, this is just another example of what I call the "extended childhood" of North American children. Forget the Puritans; it was common all across Europe to marry children of 13-14 years of age for centuries. (Hell, didn't Jerry Lee Lewis marry a 14-year old in 1950's?) But even though our kids, thanks to TV, computers, and the net, are much more educated than kids were in the 1930's, we keep trying to protect them from their own natural urges for longer and longer periods of time.
And this weird American prudishness just continues to amaze me. Here in Canada, on regular broadcast TV, not just cable, you can see nudity and soft-core sex practically every night. And on plain vanilla cable (which virtually all Canadians have), not specialty pay channels, you can even see hard core sex late night on the weekends. I really don't get why people think it's fine for the kids to see hundreds (if not thousands) of murders as they grow up, but think that if their kids see a naked breast, they'll be instantly corrupted.
What was once true, is no longer so
Yes, we do, but it's really more a "de jure" rather than "de facto" thing.
First, any competent attorney will cost at least $10k before you get to court (pre-trial proceedings, evidentiary motions, research, etc).
If you don't have the $10k to blow up-front, then you can get a public defender, who will usually be a less experienced lawyer with a huge caseload. The PD will do their best for you, but doesn't have the time or energy to really devote to your case, especially since she has 100 others in play at all times.
Add to this that the court rules themselves (ie: little things like "font size in brief" or "line spacing" or "citation reference format") are arcane to the extreme, and any one can be a landmine that blows the foot off of your case.
Next, add in that often prosecutors take an unreasonable "interpretation" of the law itself, which if unchallenged stands. And the challenge must follow ALL rules.
So - bottom line - it's $10k or jail, guilty or not. If guilty, it's probably $10k + jail, if innocent it's just jail.
If you have $100k and are innocent, you have a chance.
You highlight the crux of a problem. Why is it not okay for teens to fuck, unless they're married, when it all becomes somehow righteous and loving and special?
This case is headed to the Supreme Court, and there is a decent chance they may agree to hear it. There is a directly conflicting ruling out of the 10th Circuit in Denver. A split on a point of law (a Circuit split) is often a reason for the Supreme Court to step in, so that the conflict can be resolved.
I had to deal with 2257 compliance in my work for an adult website. It works like this:
1. The photographer (or production company) must verify identity with a government-issued ID. If shot in the United States, the government-issued ID must be an American identification, even if the model is not from the United States, such as a cute chick on vacation for a couple weeks just traveling on her passport. Note that if you shoot outside the United States, a foreign ID is fine. Are you shooting in El Paso? You can go to prison for shooting your Estonian model on her passport and visitor's visa, but if you take her to Juarez and shoot her there, you're in the clear.
2. The photographer must keep a copy of the ID, the model's contract, AND the pictures for five years after the last publication of the photographs. In addition, if published on the Internet, you have to keep a complete list of all URLs (including thumbnails!) of any picture you publish, even when those URLs change or come down. You better not be using any database-driven stuff with auto-generated URLs, because you now have to track every one of them, no matter how they change.
3. The records must be cross-indexed by model's real name, any stage names, any dates of publication, any dates of recording, title of product or production, and URL. Use three year old footage in a new DVD? You get to dig back through your compliance records and update your cross-indexes.
4. The records must be SEPARATE from your normal day-to-day business records. That is, you have to keep this stuff for the ordinary course of your business, and THEN you must keep a SEPARATE copy for the government.
5. You must publish the REAL name and address of the person who holds the records on each copy of your product -- DVD, mag, or book -- AND on EVERY PAGE of your website (a "click here for 2257 info" link is *not* acceptable).
6. This person must be available at least 20 hours a week, 52 weeks a year, for unannounced visits from the FBI, who may rifle through your records (and copy any or all of them, to dig through at their pleasure) looking for violations without a warrant or any cause at all, probable or not.
7. Violation of any of this can land you in prison, even if your models are not under the age of 18. You can do years in prison and pay thousands in fines if the only thing wrong is that you screwed up the cross-indexing.
8. If you sub-license or sell your content (such as your website's affiliates), you have to give un-redacted copies of your records to the person you sell/give the content to. Are you a DVD producer who posts your movies on HotMovies? HotMovies gets a copy of your records, complete with the model's real name and address. The model doesn't get any right to opt out, either; if they can also turn around and sell or sub-license your content, THEIR licensees get your model's information, and YOU can't do anything about it, and you have no control over who it all goes to!
9. If you receive sub-licensed or sold content, you likewise have to keep a complete set of records. It is *not* sufficient to simply keep track of where your content came from so the FBI can back-track. You have to have your own independent, complete set of records, all lined up, cross-indexed and separated from your daily business records, and ready for inspection whenever the FBI decides to materialize.
10. You are required to keep records even if you go out of business, be available for FBI inspection 20 business-time hours per week even if you go on vacation or operat
Remove the caps and hold to a mirror.