Many
Adult Stores May Have To Stop Selling And Displaying
Some of Their Better Sex Videos, Books,
Adult Films, Pictures
& Adult Products June 2005?
The
Government Is Controlling What You Watch & Purchase-
The revised Title
18 U.S.C. § 2257 Law
The
U.S. Department of Justice (DOJ) has been threatening to
make it almost impossible to sell better sex and adult videos
or pictures for some time now, but they finally have implemented
a law which takes effect June 23rd, 2005 to attempt to do
just that. This article will explain to you the consumer,
what that means to you.
There
is a law that was created in 1988 to protect minors from
appearing in adult films, etc... a good law if you ask me
as I am very much against minors being involved in anything
of the like. The law was in a document called Title 18 U.S.C.
§ 2257, which is a Federal Record-keeping and Labeling law
that required anyone who photographed or filmed a person
in the US to have them complete a form that acknowledged
that they were 18 years of age or older. They had to provide
a picture I.D. issued by the state. and provide any aliases
they may have. They needed to provide their legal name,
home address and have a witness sign the document. This
was a good law that helped to reduce the chance that a minor
was being filmed or photographed sexually.
The
New Law
What
the Department of Justice has now done to change this law
using the "excuse" of protecting minors (when
in reality it is clear they are trying to impair the adult
industry) is an outrage and WILL affect you if you have
any liking of sexuality and sexual products, videos, pictures,
etc.
The
DOJ is now demanding that not only will a producer have
the Title 18 U.S.C. § 2257 information for each model that
has been photographed or filmed but that anyone who sells
or displays the photographs or video has to have that document
on file which includes the distributors, retailers and anyone
who shows pictures of that model on their web site.
What
Types Of Pictures Or Video Is This Talking About?
This
pertains to any visual depiction of an actual human being
engaged in actual sexually explicit conduct in a book, picture,
video, streaming video, thumbnail... you name it.
What
do they mean when the say "sexually explicit?"
This means (sexual intercourse, including genital-genital,
oral-genital, anal-genital, or oral-anal, whether between
persons of the same or opposite sex; bestiality; masturbation;
sadistic or masochistic abuse; or lascivious exhibition
of the genitals or pubic area of any person).
The
DOJ calls these businesses and individuals who sell or promote
such material "Secondary Producers" even though
they did not produce anything and are only displaying and/or
selling what the "Primary Producer" made!
Under
the revised Title 18 U.S.C. § 2257 law, the so-called “secondary
producers,” such as many webmasters, will be required to
have Title 18 U.S.C. § 2257 records for all sexually explicit
depiction dating back to 1995. For many, this will create
a huge problem, because secondary producers will have to
locate records from primary producers who may have moved,
shut down, or otherwise disappeared.
This
means that the adult community has exactly one month to
secure these files and make sure everything in them complies
with the new regulations, because the arrests could hit
anytime after June 24, and the general consensus is that
it'll hit webmasters first and hardest.
What
Are The Penalties For Not Complying?
In
the immediate future, you're going to be seeing inspections
and arrests, not because of 'illegal' content, but because
webmasters and stores don't have the records because they
always thought that it was and should be the producer's
job to make sure that the models are over 18 years of age.
Violation of 18 U.S.C. 2257 is good for up to 10 years in
federal prison... per violation!
Example
Below
is a very small scale of what this will look like. Imagine
that it is for one video with six models in it. All six
of the model's personal information, home address, real
name, and picture of their ID has to be on file with every
single store or individual who sells that video. Now, imagine
that each website who carries and displays (perhaps even
streams the videos) of hundreds of videos has the burden
to have all of those files for each model in every video
they carry!
This
isn't just for retailers either... this is for anyone displaying
such pictures on their web site, etc.! So what happens if
you don't comply? Well, you can go to jail! Yep, that is
right... even if a producer has proof that the models were
over 18 years of age and no minors were involved... if you
do not have the paperwork and you display the photographs
or video or sell them... you are now breaking the law.
What
harm has been committed here is beyond me. Why we now have
to go to the trouble of proving that all the videos that
we carry are of models of 18 years of age or older by having
those model's Title 18 U.S.C. § 2257 forms on file is truly
a conservative agenda to make the adult industry fight to
stay alive.
The
Real Motivation Is Not Protecting Kids
This
is clearly not about protecting minors. If the Department
of Justice really wanted to protect minors they would simply
have producers of pictures and video, etc. provide documentation
directly to them in a federal database proving the models
in film or photographs are adults. Simple enough right?
It would work well this way, because everything would have
to be registered with them and if it wasn't then they could
easily check. However, the REAL MOTIVATION is to shut down
adult retailers and you can bet they have a list of companies
they are going to start with... and you can also bet that
getting access to any kind of sexual content will be increasingly
difficult as the the DOJ continues to take away the freedoms
of Americans.
This
is an attack, we are back to the dark ages of witch hunts
and instead of burning innocent people at the stake they
are putting them in jail and ripping apart their businesses
and families.
Why
is sexuality so terrifying in this day and age? Why is masturbation
and nudity seen as something that is listed right beside
beastiliaty and child molestation? Have people absolutely
lost their minds? They are so different than one another.
It is like comparing someone who has a normal sleep pattern
to someone who has narcolepsy. One is normal, one is an
illness!
Over fifty percent of the web sites out there will most
likely be devastated because they're carrying content, either
thumbnails or streaming or fixed photos that they have no
records for and they will be at risk to get 10 years in
the slammer for it.
Breach
Of Confidentiality
This
does not even mention the incredible breach of confidentiality
that is going on here. The models have to provide their
home address, real names and photos of their ID cards to
all of these retailers, which in turn basically makes it
public information!?! That is absurd. Do you know how many
psychos want to track down models in the adult industry
and now we are having to pass around their real names and
home address!?!
Making
It Very Hard To Sell Videos Or Show Pictures
This
new law is requiring stores like ours to have to track down
producers and ask them for the paperwork on all of their
models in order to display and sell their video. Until we
have that paperwork on file, we cannot show the images online
or sell them without breaking the law. It is evident that
the US is becoming less and less of a free democracy making
it more and more difficult for adults to enjoy and be educated
on the basic human right of sexuality.
This
Is Not Just For Retailers
The
law does not state that you have to be selling the products
to have to comply with the law. So that means that even
if you just have such pictures on a web site or are giving
it away items with such images away for free... you have
to have the 2257 model releases.
The
DOJ can even come after individual personal web sites and
make sure that you have the proper paperwork and release
forms for you and your girlfriend's nude pictures on the
web! If not... you could get 10 years in the slammer under
this new law!
The
Free Speech Coalition Are Fighting This!
Now
that the regulations have been published, FSC (Free Speech
Coalition) will go into federal district court to seek an
injunction on behalf of its members. FSC plans two lawsuits,
led by premiere First Amendment attorneys, one to be filed
on the West Coast by H. Louis Sirkin, and the other by Paul
Cambria on the East Coast.
The
DOJ has amended some requirements from its original proposal,
but in many areas the final version is unbending, making
compliance extremely difficult, if not impossible.
Will
They Win?
Right
now, it looks to be a long arduous task. The FSC may make
a dent in some minor changes, but overall this ridiculous
law looks like it may stay around to stomp on the sexual
freedoms of all Americans. Only time will tell.
What
Will Become Of Our Company & Products
With
such a conservative, anti-sex government right now it is
hard to predict the future. While we may have to discontinue
selling some of our videos an products until we can find
the producers to get the necessary paperwork on each of
the models, we will do our best to keep our current selection
available.
However,
what you may see happen is that we like many companies may
be unable to secure some of the proper release forms on
some of the older videos as the producers may be impossible
to find.
What
Can You Do?
Join
the Free
Speech Coalition and find out more about what is
going on and what you can do through their web site! In
the meantime, stay tuned to our site for updates and know
that we intend to stand up for your sexual health and education
rights.
Join
NASAE.org
to band together and stay informed!
Adult
Stores May Be Forced To Close
Revisions
To Federal Law May Take Away Your Access To
Sex
Education & Sexually Entertaining Products
From Pictures,
Videos
To Sex Toys
Last
week, I ran an article
about the new revisions to a law that was
created in 1988 to protect minors from appearing
in adult films, etc... this was a good law until
May 2005 when the Department of Justice changed
it.
I
have to share with you my adventures this week
in learning that these revisions may be more
devilishly brilliant than I first realized in
the ability to cripple the adult industry and
if they stay... they may potentially devastate
adult educators, and entertainment from displaying
or selling videos, books to toys and more.
I believe that the revisions may shut down over
50% of the adult industry. Think that sounds
crazy, I have heard over the past few days that
the number of "downed websites" is running well
over 500% the usual average as many people are
"abandoning ship." Most of the sites
you will see disappear are those that stream
video and provide picture galleries.
This
Is Serious...
This May Put Many Adult Companies Out Of Business
Let
me review what products we are speaking about...
this includes better sex videos, adult entertainment
videos, nude pictures, sex toys that have nude
models on the covers, and so much more! Much
of this is going to be illegal to display on
a web site or possibly to sell after June 23,
2005... the Department of Justice has crossed
the line of trying to protect citizens and is
now well on it's way to violating their rights.
Now,
some people may say I am exaggerating and that
this is not that desperate a situation... but
after what I learned this week by making some
phone calls... I can assure you that this nightmare
is one that none of us in the U.S. will be able
to wake up from unless we overturn these revisions.
If you did not read my earlier article,
let me recap... the Department of Justice is
requiring that those who sell anything with
as little as "lustful" nudity or picture
of the genitals has to have the model release
forms to any model/actor who appears nude. This
may sound easy... but here are a few catches
that will make this impossible.
1)
Retailers Are Supposed To Get Hundreds To Thousands
Of Model Release Forms?
If
they sell adult materials they must comply...
so many web sites that provide such pictures,
videos , etc. that are not their own are in
deep trouble.
You
may ask yourself just how the hell mainstream
companies are expected to comply... can you
imagine 7-11
stores who sell Playboy and many other adult
magazines having to get all the model releases
for every model who poses on every page for
every issue not to mention any advertisements
that have nude models?
What
about Borders books and Barnes & Nobel who
sell books on sexuality with nude photos inside
for demonstration of sexual positions, etc.?
I will tell you how these big corporations are
exempt from this... they are exempt because
originally when this new change in law was proposed
they had a section # 5 that was mysteriously
committed when the actual law passed in May
2005. What Number Five of 2257 said was-
"A
producer includes any subsidiary or parent organization,
and any subsidiary of any parent organization,
notwithstanding any limitations on liability
that would otherwise be applicable."
They
took this part out because it would probably
upset their big corporate friends such as Wal-Mart
who wanted to sell a rated "R" movie
with a nude scene. Thus, they took big corporations
with big legal teams and big pockets out of
the picture so they could go after the smaller
adult retailers.
Is Jenna Jameson or Ron Jeremy going to really
have their model release forms be made public
to show their home address and photocopy of
their drivers license?
How
is any retailer (now considered "Secondary
Producer" under the law) supposed to get
thousands of model release forms for every single
nude model/actor that appears in a video, book
or even on a sex toy cover that they stream
video, display, etc.? I will tell you how...
they won't be able to. Read the following to
see why...
2)
Primary Producers Aren't Providing Their Model's
Release Forms!
The
answer is that even if a retailers won't be
able to get the model release forms... because
the big companies like Vivid Video, Playboy,
etc. have told me that they are not going to
release them. That's right, even if we tried
to get all the thousands of release forms on
all of the models and actors... we can't.
Companies
like Vivid Video, Playboy and others have indicated
that their legal teams feel that this is a terrible
breach of confidentiality. They feel it is a
violation of their agreement with the model/actors
to provide their home address, legal names and
photo ID's and I agree. This is a terrible breach
of confidentiality and may pose a dangerous
risk to models who may have fans or critics
who mean them harm and now have public access
to their home address!
So
what does that mean if the makers of the magazines,
videos, toys, etc. won't share the model releases
with the retailers who display and sell their
products? The retailers (like us) are going
to have to pull the pictures and maybe even
the products or be at risk of being arrested,
and put in jail for 5-10 years per incident!
Smaller adult stores selling anything from better
sex videos, books, etc. even if just for education
may go out of business. Larger companies that
sell some adult products may be hit hard financially
and companies like Vivid and Playboy are going
to lose their ability to sell as much wholesale
if retailers can't even display nude covers,
etc. this could cost them.
So,
the Department of Justice, is not protecting
minors, but now making it near impossible for
retailers to sell consumers anything unless
they themselves produced it.
The
Department of Justice are going to create more
"underground" activity that they will
not be able to collect taxes on or protect victims
when things go wrong. If anything they are beginning
a "prohibition" on nudity and sexuality.
What
Is Even More Alarming?
No
one seems to know what is going on. When I call
major corporations to small retailers it seems
that everyone seems to either not know about
these revisions (which were quietly released),
they think that this can't be true or they are
trusting that the Free Speech Coalition's law
suit will make this all go away. Also, there
are multiple interpretations of this so no one
is really sure what is going on and if it is
just about showing the pictures of the products
or selling them, etc.
To
see how I drew my own conclusions and what I
am still questioning... CLICK
HERE.
Being
that I am "in the fight" and have
become one of the activist writers for the Free
Speech Coalition I can tell you that they cannot
make any promises and are recommending that
retailers comply to make sure that they are
safe. Problem is many are not sure how to comply!
The
real motivation of the New
Title 18 U.S.C. § 2257 Revisions
is clear... they are not to protect minors,
they are to bring down the adult industry and
do it in a way that is sneaky and underhanded
so that most people won't see it coming. Just
wait until you want to go to your favorite adult
site and they are gone or have little to sell!
Again,
this is clearly not about protecting minors.
If the Department of Justice really wanted to
protect minors they would simply have producers
of pictures and video, etc. provide documentation
directly to them in a federal database proving
the models in film or photographs are adults.
You can also bet that getting access to any
kind of sexual content will be increasingly
difficult as the the DOJ continues to take away
the freedoms of Americans.
Is
This Really Happening?
Yes!
To what degree is still unclear, and with only
a few days to comply it is leaving retailers
like us crazy trying to get straight answers.
I
know, I myself am in the middle of this and
keep asking that... I am not only trying to
protect my business but help others and help
the Free Speech Coalition in their efforts.
I have been on one radio show after another
this week trying to get the word out because
most people have no idea this is happening.
Selective
Enforcement-
Some
say that the Department of Justice won't go
after Amazon.com, or Wal-Mart for selling things
with nudity, but going after adult retailers
would be selective enforcement of the law and
therefore even more unconstitutional.
Can
you imagine if only certain people were arrested
for committing the same crime? Oh, that's right...
it happens all the time. How many white collar
corporate people do you see in jail for stealing
millions of dollars compared to minority, blue
collar workers who steal a few hundred. Fair
or not selective enforcement happens all the
time and I see it happening it here against
those who have companies that are "adult"
in nature.
I
am not sure what is going to become of our business.
I do recommend buying better sex videos and books now
because we may not be able to carry them soon.
Perhaps
we will carry much fewer products, perhaps we will overcome
this... what I can assure you is that I will defend
our purpose of being sexual educators with everything
I can. What I ask of you is to help defend your rights
with me... A few retailers cannot do this alone... the
US Government is attempting to destroy our sexual freedoms
and we must not allow it.
Hear
Lisa On Playboy Radio
I
am going to be speaking about the
New Title 18 U.S.C. § 2257 Revisions
on 6-20-05 on Playboy Radio. The focus will be on this
article.
What
Can You Do?
Join
the Free
Speech Coalition and find out more about what
is going on and what you can do through their web site!
In the meantime, stay tuned to our site for updates
and know that we intend to stand up for your sexual
health and education rights.
Join
NASAE.org
to band together and stay informed!
