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  • THURSDAY JUNE 23 2005 12:09 AM

Feds Say "No More Online Porn"

Rotten.com and several sites in the Rotten genre (such as gapingmaw.com and ratemyboner.com) are going dark tonight, due to the implementation of the amended U.S. Code : Title 18 : Section 2257. This amendment applies retroactively to websites containing sexual content as part of the US Justice Department's war on porn -- if you don't have proof that every participant in a shot containing sexual activity was over the age of 18 at the time the shot was taken, you can look forward to getting fucked by the Feds, to the tune of five years in prison.

Section 2257 is ostensibly aimed at preventing the exploitation of minors in pornography. However, some free speech advocates argue it provides the conservative Bush administration with the power to silence other websites deemed offensive.



The Free Speech Coalition has filed a lawsuit challenging the amended section of the code.

Gapingmaw.com has posted their own criticism of the new code, which takes effect at 12:01AM on June 24th, 2005:

Yes, that is correct. The wonderful things that used to be here, the very funny things that you want to read, have been made retroactively illegal by the US government, in a side-handed attack on the pornography industry.

We might mention that the material here isn't even pornography as you normally think of it -- this site is just adult humor, in essay format, with some illustrations. The government is mandating that we meet certain bookkeeping requirements, ones impossible to meet for this site. Never mind that those requirements do not actually gain the public anything. This is the strongest attack on free speech since the passage of the CDA, and oddly, the media seems to have hardly noticed. The penalty for not abiding by these bookkeeping requirements is five years prison.

The regulations were promulgated by Alberto Gonzales, US Attorney General appointed by George Bush. If you voted for Bush, this is your fault. If you think this country is free, you are sadly mistaken. No nation has freedom when it is run by religious zealots.



I'm sure Suicidegirls.com has their record-keeping in order, but I worry about some of my other favorite sites that feature snapshots from parties and personal photos. Can they be taken offline and the webmaster imprisoned? Under the current statutes, it looks like the answer may be "yes."

 

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Comments
bean

bean

STAFF

Los Angeles, CA

JUN 23, 2005 12:29 AM

monastrell said:
How curious that censorship can be achieved through extensive and expansive requirements of registering, book keeping, registry, identification, and accounting .... wonder how long it takes them to figure out with a little manipulation they can accomplish the same result through extensive examinations of the registration of blogs ????


THERE IS NO WAR ON BLOGS.

Christ.

Shal

Shal

Los Angeles, CA
October 2002

JUN 23, 2005 12:29 AM

monastrell said:
How curious that censorship can be achieved through extensive and expansive requirements of registering, book keeping, registry, identification, and accounting .... wonder how long it takes them to figure out with a little manipulation they can accomplish the same result through extensive examinations of the registration of blogs ????




Jesus fucking christ, it's not the same thing, and leave that bullshit out of my topic, okay? Go argue it in your own topic.

(Have you STILL not even BOTHERED TO READ the legislation that deals with that blog topic? Willfull ignorance makes me sad. Continued willful igorance just really pisses me off.)



So.. back to the porn thing...


[Edited on Jun 23, 2005 by Shalome]

ThisIsWhoWeAre

ThisIsWhoWeAre

Oakland, CA
July 2004

JUN 23, 2005 12:33 AM

I'm certain the webmasters of SG have all their records on file for the models, but what about the thousands of personal pics we all have in our collective journal pages? Will this law apply to them as well? It would be a shame if such extended features of this site were removed to comply with the statute. Or rather, to avoid the possibility of a personal album containing graphic images who's subjects' ages could not be easily verified.

dpk

dpk

Seattle, WA
November 2004

JUN 23, 2005 12:33 AM

Blogs probably have more "lobby" power behind them than online porn. Online porn is a decently large business, but if you read the Federal Register, where it talks about the 2257 changes made unilaterally by Gonzales (Congress handed him full power to do so), it shows how little response they got from the proposals. They claim not even one pornographer submitted an estimate for costs. The adult industry/webmasters are pretty "private" and cautious about sharing any information about their business, and it may have hurt them this time.

Two particularly bad things about this law are 1) the requirement that all secondary producers have a copy of all documentation from primary producers (including names and addresses, good for stalking performers) and 2) that you cannot hire a specialized 3rd party to handle the documentation for you. It's too bad 3rd parties can't be used, because that would solve the stalker problem as well.

I would expect as news spreads about 2257 (it's barely received any media play, but the entire adult industry appears well aware of it) sites as Shalome mentions, with photos from parties and personal photos, will all eventually shut down. Yahoo! and other profiles will probably have to be super strict about adult content, and I don't know how adult personals could possibly survive.

Of course, the net result will be that no additional child pornography is caught that wouldn't have been caught before -- primary producers have already been required to check and keep records on all performers.

Shal

Shal

Los Angeles, CA
October 2002

JUN 23, 2005 12:35 AM

ThisIsWhoWeAre said:
I'm certain the webmasters of SG have all their records on file for the models, but what about the thousands of personal pics we all have in our collective journal pages? Will this law apply to them as well? It would be a shame if such extended features of this site were removed to comply with the statute. Or rather, to avoid the possibility of a personal album containing graphic images who's subjects' ages could not be easily verified.




This worries me too. As the statute stands, if you are a webmaster and there are sexually explicit photos on your website, you must have on file records stating that every participant in the photos was over the age of 18.

I suppose the fact that this is a pay site restricted to those 18 and up (with a proven policy of kicking off the underage) could help, though..

Keith

Keith

Hooker, OK
August 2002

JUN 23, 2005 12:35 AM

...from my cold, dead mouse-finger...

dpk

dpk

Seattle, WA
November 2004

JUN 23, 2005 12:35 AM

ThisIsWhoWeAre said:
I'm certain the webmasters of SG have all their records on file for the models, but what about the thousands of personal pics we all have in our collective journal pages? Will this law apply to them as well? It would be a shame if such extended features of this site were removed to comply with the statute. Or rather, to avoid the possibility of a personal album containing graphic images who's subjects' ages could not be easily verified.


As I read it, yes, the law would apply to them as well. You're the primary producer and SuicideGirls, hosting the image, would be the secondary producer. Of course, I'm not a lawyer, so maybe there's some loophole I didn't see, but I did spend a day reading the law and all the notes from A.G. Gonzales.

robosagogo

robosagogo

State College, PA
September 2004

JUN 23, 2005 12:36 AM

The thumbnails in a blog I visit regularly were replaced with this



and I figured it was a joke or something since I hadn't heard anything about it from the news.


And the law says it's illegal to not have proof? They don't even need to prove that the pictures are actually of minors?

dpk

dpk

Seattle, WA
November 2004

JUN 23, 2005 12:37 AM

robosagogo said:
And the law says it's illegal to not have proof? They don't even need to prove that the pictures are actually of minors?


They require proof to "guarantee" that they're not minors. Even for grandma porn.

If your porn is over 7 years old (or so, I forget the exact time this law took effect), you have to have a statement saying that the image is not subject to 2257. But you better be sure of the age of the image.

jackalnoir

jackalnoir

Raleigh, NC
January 2005

JUN 23, 2005 12:41 AM

Well i think we've all learned a valuable lesson. Next time we're at a kooky or even perhaps zany party and something hilarious goes awry, and someone takes an "indecent" snapshot, we should all have our IDs clearly showing, with a public notary in the background notifying this, and have it watermarked and copyrighted to verify it's content, as well as showing all people in the picture swearing on bibles that all information is accurate and no minors are present, anywhere, ever.

man, the government ruins all my parties.

OnlyOblivion

OnlyOblivion

Youngstown, OH
August 2004

JUN 23, 2005 12:51 AM

This is scary, but not because it’s blatant fascism – it’s scary because it’s an amendment that dulls the power of “free” speech while still being perfectly defensible. Let’s face it, on the surface, this is a law that’s ostensibly protecting minors, and that’s all that Joe Bag-O’doughtnuts, Pamela Soccermom, and the popular media are likely to see it as. It’s difficult to really denounce such an amendment because you practically have to decry puppy dogs and ice cream to do it, but to anyone aware of the erosion of civil liberties this resembles a forceful pickaxe blow rather than natural wear by wind and rain. If subversive attacks of this nature keep up, how long will it be before mainstream pornography slips into the ocean, and when that happens will the public be brainwashed enough to cheer its fall?

I hereby award Alberto Gonzales 75 experience points for having a clever idea, 200 experience points for roleplaying his Lawful-Evil alignment to a tee, and will continue to tabulate group awards based on how many pornographers the DoJ successfully defeats in court.

TheFuckOffKid

TheFuckOffKid

NEWSWIRE

Australia

JUN 23, 2005 01:02 AM

I actually posted about this in the Legal group but it raised barely a stir.


Old law: Photographer takes pornographic pictures of a 20 year old woman. He has on file her photo ID and information. On the contract the woman signs, she's told by the photographer that her information/ID is secure and will never be shown to a 3rd party, with the exception of certain authorities should the situation arise. Photographer sells the pictures to a website. Website receives ONLY the content, because they're not authorized to view the woman's personal information (and have no reason to).

That's why a lot of the porn content on the internet right now is legally garbage. The photographer/production company is under contract with the woman in the pictures that he cannot release her info to a 3rd party. He may not be able to track her down to sign a new contract and really, he's under no legal obligation to the site that bought the pictures to do so. The photographer/production company of the original content may not even be alive or in business anymore, or even the girl herself, so the information given when all of the content was sold is all there is and it's unacceptable under the new law.

New Law: Photographer/production company produces pornographic pictures of a 20 year old woman. They need her photo ID and other information. When the content is produced and packaged for resale to a distributor, they MUST include her ID and info with EACH piece of content. That means each picture and each video, not just one file of info per set of pictures. This means that the girl's personal info will be in the hands of MANY people, not just the original production company as it was under the old law. The content creator will have her info, the distribution company will have her info and everyone they resell the content to will have her info.

Look at how the internet works, how many sites buy content from the same source. It's not a stretch that because of this law, a performer's personal info and photo ID will be accessible to thousands of people under this law, not just a handful at the place where the content was originally created as per the old law.


Source: Sunny the Camgirl.

robosagogo

robosagogo

State College, PA
September 2004

JUN 23, 2005 01:08 AM

So now every porn site that doesn't create its own content is going out of business or at least having to get rid of all its old content?

LordAuch

LordAuch

Los Angeles, CA
April 2005

JUN 23, 2005 01:09 AM

This has been done to dances also by trying to make them wear badges with all there personal info on it. It is stupidity at its finest.

Give to theACLU

Bicycle_Samurai

Bicycle_Samurai

York, ON
September 2003

JUN 23, 2005 01:11 AM

*continues to sit back and wait for the revolution to occur*

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