How The Government Is Controlling
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        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 Revised 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 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.