A 2257 Solution .... 2257Safe.com

[Jim_Gunn]

Originally Posted by kmdguy

Hi folks,

My name is Dan and I'm the lead programmer/partner in 2257Safe.com and I wanted to address the concern about storage space for content.

Let me say that although 2257Safe will need to legally mirror your site's contents (as any other legitimate 3rd-party record keeper will need to do),

Can you explain exactly why you say that "any other legitimate 3rd-party record keeper will need to [mirror the site's content]? Is there somewhere in the law that specifies this, or is this an inference that you guys have drawn from the reading of the law or is it a conclusion that you have made based on the practicality of keeping records as a 3rd party record keeper and that you have incorporated it into your standard operating procedure?

[kmdguy]

Originally Posted by Jim_Gunn

Can you explain exactly why you say that "any other legitimate 3rd-party record keeper will need to [mirror the site's content]? Is there somewhere in the law that specifies this, or is this an inference that you guys have drawn from the reading of the law or is it a conclusion that you have made based on the practicality of keeping records as a 3rd party record keeper and that you have incorporated it into your standard operating procedure?

Hi Jim,

I'll let Michael take this since he's the legal expert on the matter. But in my layman's understanding 2257 documentation include not only model IDs and Releases as well as a thorough cross referencing of a variety of data, but also source content. In the event of an inspection, all of your source content needs to be available alongside the records so it can be viewed if necessary and compared against what the DOJ or FBI may have. Again I'm not an attorney so I'll let Michael chime in on a better explanation.

[pornlaw]

Originally Posted by Jim_Gunn

Can you explain exactly why you say that "any other legitimate 3rd-party record keeper will need to [mirror the site's content]? Is there somewhere in the law that specifies this

Yes, this is the text from 28 CFR 75.2 Maintenance of Records..

I have highlighted, italicized and underlined the portion referring to keeping a copy of the content...

(1) The legal name and date of birth of each performer, obtained by the producer's examination of a picture identification card prior to production of the depiction. For any performer portrayed in a depiction of an actual human being engaged in actual sexually explicit conduct (except lascivious exhibition of the genitals or pubic area of any person) made after July 3, 1995, or of an actual human being engaged in simulated sexually explicit conduct or in actual sexually explicit conduct limited to lascivious exhibition of the genitals or pubic area of any person made after March 18, 2009, the records shall also include a legible hard copy or legible digitally scanned or other electronic copy of a hard copy of the identification document examined and, if that document does not contain a recent and recognizable picture of the performer, a legible hard copy of a picture identification card. For any performer portrayed in a depiction of an actual human being engaged in actual sexually explicit conduct (except lascivious exhibition of the genitals or pubic area of any person) made after June 23, 2005, or of an actual human being engaged in simulated sexually explicit conduct or in actual sexually explicit conduct limited to lascivious exhibition of the genitals or pubic area of any person made after March 18, 2009, the records shall include a copy of the depiction, and, where the depiction is published on an Internet computer site or service, a copy of any URL associated with the depiction. If no URL is associated with the depiction, the records shall include another uniquely identifying reference associated with the location of the depiction on the Internet. For any performer in a depiction performed live on the Internet, the records shall include a copy of the depiction with running-time sufficient to identify the performer in the depiction and to associate the performer with the records needed to confirm his or her age.

Michael

www.AdultBizLaw.com
www.2257Safe.com

[Jim_Gunn]

Originally Posted by pornlaw

Yes, this is the text from 28 CFR 75.2 Maintenance of Records..

I have highlighted, italicized and underlined the portion referring to keeping a copy of the content...

(1) The legal name and date of birth of each performer, obtained by the producer's examination of a picture identification card prior to production of the depiction. For any performer portrayed in a depiction of an actual human being engaged in actual sexually explicit conduct (except lascivious exhibition of the genitals or pubic area of any person) made after July 3, 1995, or of an actual human being engaged in simulated sexually explicit conduct or in actual sexually explicit conduct limited to lascivious exhibition of the genitals or pubic area of any person made after March 18, 2009, the records shall also include a legible hard copy or legible digitally scanned or other electronic copy of a hard copy of the identification document examined and, if that document does not contain a recent and recognizable picture of the performer, a legible hard copy of a picture identification card. For any performer portrayed in a depiction of an actual human being engaged in actual sexually explicit conduct (except lascivious exhibition of the genitals or pubic area of any person) made after June 23, 2005, or of an actual human being engaged in simulated sexually explicit conduct or in actual sexually explicit conduct limited to lascivious exhibition of the genitals or pubic area of any person made after March 18, 2009, the records shall include a copy of the depiction, and, where the depiction is published on an Internet computer site or service, a copy of any URL associated with the depiction. If no URL is associated with the depiction, the records shall include another uniquely identifying reference associated with the location of the depiction on the Internet. For any performer in a depiction performed live on the Internet, the records shall include a copy of the depiction with running-time sufficient to identify the performer in the depiction and to associate the performer with the records needed to confirm his or her age.

Michael

www.AdultBizLaw.com
www.2257Safe.com

Thanks for the clarification. I am considering all my options for 3rd party record keeping, hopefully I will be able to come to a decision after the Phoenix Forum, where I suspect that there will be more 3rd party record keeping solutions.

[pornlaw]

Originally Posted by Jim_Gunn

Thanks for the clarification. I am considering all my options for 3rd party record keeping, hopefully I will be able to come to a decision after the Phoenix Forum, where I suspect that there will be more 3rd party record keeping solutions.

I suspect there will be. I know of 1 other than will be our direct online competition and 1 that might be, but is not online. However, I have not seen anything from any of the other potential competitors.

If you know of others I would be interested in even talking to them about licensing our software to them...

I really do think we are ahead of most of them since the we are using software that has been in use since 2005. I would think Summer XBiz is where most will come into play.

Michael

www.AdultBizLaw.com
www.2257Safe.com