Rolando,
I was forwarded the following message from a friend who is an owner of both a Yahoo and an MSN group that allows members to post glamour and nude photos. Reportedly, the letter originated from MSN. I would like your opinion and comment;
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This letter was in response to the new changes we are experiencing as group owners and moderators of Yahoo & MSN groups...
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Since earlier this year, the Bush Administration has been passing draconian regulations on the adult entertainment industry in an attempt to shut all things not fitting their narrow mold of decency. You think they just want to shut down porn sites. This is an administration whose previous Attorney General covered up the bare breast of a statue of Lady Law so he wouldn't be caught in a photo with a naked breast in the background. (At the toon of several thousand dollars.)
In an attempt to make the new AG, Gonzales more palitable to the neo-con relious right, there have been several new restrictions passed on legal adult entertainment. Not restricting child porn mind you, but going after regular old vanilla porn. The stuff you'd see in Playboy.
In June the DOJ passed changes to 18 USC 2257 which will require anyone who puts adult images on the web to maintain massive amounts of detailed records on every image they put up. And to give the new reg teeth, any mistake in your records is a criminal offense and can subject you to 5 years in federal prison.
At that time the regulation required that the images be of actual hardcore pornography. Now Congressman Pence (R-IN) has introduced new legislation on Monday Sept 12th that would extend 2257 record keeping requirements to images of mere nudity and even simulated sexual acts. If the image has two people holding each other, they are nude, and it just looks like they "might" be initimate, the image is covered by this law.
In a bit of legal card shuffling, this legislation was added at the last minute as an amendment to another bill the "Children's Safety Act of 2005", H.R. 3132, which was heard by the full committee Wednesday the 14th on Capitol Hill and then passed to the House of Representatives, where it passed overwhealmingly by a vote of 371 to 52, with 10 members not voting.
In addition Pence's bill added new stiffer forfeiture provisions which could result in people violating the regs having their assets seized by the government for a mere record-keeping violation. The mere failure to keep the proper records justifies a criminal or civil forfeiture. That means you lose your house, your car, your savings. Everything.
Having passed the House, it now goes to the Republican controlled Senate, where it probably will pass.
I noted in reading thru the comments here, some of you use the MSN groups to work on your tags. Not being familiar with what that is I'm assuming they're avatars used by people on discussion boards and forums. I also note that many of these tags use adult images of an erotic nature.
If this is the case then you should know that Pence's bill will require you to comply with the 18 USC 2257 requirements of record keeping just like hard core porn sites or face prison time and asset fortieture.
You will now be required to get copies of the model releases, and IDs of the models in all of the images you use. This applies not just to new images but every image you've used back to 1995.
You will be required to keep said records in your place of business available for inspection by DOJ agents. Your place of work will be required to be open at least 20 hour a week and your address must be posted on your website. Record must be kept for 7 years.
In addition, you are required to keep a record of all urls your work appears, cross referenced by model names and websites. This record must be separate from any other records you keep and be available for inspection without notice.
If you can't get the documentation on the images they must immediately be removed from the Internet or you will face possible arrest and prosecution.
For those of you who say I'm too small to be caught, you should understand that the Administration has made obscentity procescution a big priority. You can read about how they are diverting FBI personnel and resources away from going after terrorist and drug dealers here:
http://www.washingtonpost.com/wp-dyn...901570_pf.html