Title 18 - section 2257: A blow against free speech and pornography?

[Baculus]

My purpose isn't to argue the morality of pornography, but it's allowment under the First Amendment and Free Speech. A recently passed law aimed at child pornograph included a section that does not apply to just child pornography, but material of an adult sexual nature as well. This section of the "anti-child pornography" law would require, for material created after 1990, records of those who were involved with images made of a sexual nature. And if this information, which is now required, isn't provided, then jail time could be possible for those being punished. Apparently, this will apply to internet websites as well, since some have already decided to shut down. Also, these records will have to be kept in the case of government agents wanting or desiring to inspect this information.

Apparently a lot of people haven't even heard of this Section 2257; I didn't until just today.

Below is the section referenced in my above post:

http://caselaw.lp.findlaw.com/casecode/uscodes/18/parts/i/chapters/110/sections/section_2257.html

Section 2257. Record keeping requirements

(a) Whoever produces any book, magazine, periodical, film,

videotape, or other matter which -

(1) contains one or more visual depictions made after November

1, 1990 of actual sexually explicit conduct; and

(2) is produced in whole or in part with materials which have

been mailed or shipped in interstate or foreign commerce, or is

shipped or transported or is intended for shipment or

transportation in interstate or foreign commerce;

shall create and maintain individually identifiable records

pertaining to every performer portrayed in such a visual depiction.

( Any person to whom subsection (a) applies shall, with respect

to every performer portrayed in a visual depiction of actual

sexually explicit conduct -

(1) ascertain, by examination of an identification document

containing such information, the performer's name and date of

birth, and require the performer to provide such other indicia of

his or her identity as may be prescribed by regulations;

(2) ascertain any name, other than the performer's present and

correct name, ever used by the performer including maiden name,

alias, nickname, stage, or professional name; and

(3) record in the records required by subsection (a) the

information required by paragraphs (1) and (2) of this subsection

and such other identifying information as may be prescribed by

regulation.

© Any person to whom subsection (a) applies shall maintain the

records required by this section at his business premises, or at

such other place as the Attorney General may by regulation

prescribe and shall make such records available to the Attorney

General for inspection at all reasonable times.

(d)(1) No information or evidence obtained from records required

to be created or maintained by this section shall, except as

provided in this section, directly or indirectly, be used as

evidence against any person with respect to any violation of law.

(2) Paragraph (1) of this subsection shall not preclude the use

of such information or evidence in a prosecution or other action

for a violation of this section or for a violation of any

applicable provision of law with respect to the furnishing of false

information.

(e)(1) Any person to whom subsection (a) applies shall cause to

be affixed to every copy of any matter described in paragraph (1)

of subsection (a) of this section, in such manner and in such form

as the Attorney General shall by regulations prescribe, a statement

describing where the records required by this section with respect

to all performers depicted in that copy of the matter may be

located.

(2) If the person to whom subsection (a) of this section applies

is an organization the statement required by this subsection shall

include the name, title, and business address of the individual

employed by such organization responsible for maintaining the

records required by this section.

(f) It shall be unlawful -

(1) for any person to whom subsection (a) applies to fail to

create or maintain the records as required by subsections (a) and

© or by any regulation promulgated under this section;

(2) for any person to whom subsection (a) applies knowingly to

make any false entry in or knowingly to fail to make an

appropriate entry in, any record required by subsection ( of

this section or any regulation promulgated under this section;

(3) for any person to whom subsection (a) applies knowingly to

fail to comply with the provisions of subsection (e) or any

regulation promulgated pursuant to that subsection; and

(4) for any person knowingly to sell or otherwise transfer, or

offer for sale or transfer, any book, magazine, periodical, film,

video, or other matter, produce in whole or in part with

materials which have been mailed or shipped in interstate or

foreign commerce or which is intended for shipment in interstate

or foreign commerce, which -

(A) contains one or more visual depictions made after the

effective date of this subsection of actual sexually explicit

conduct; and

( is produced in whole or in part with materials which have

been mailed or shipped in interstate or foreign commerce, or is

shipped or transported or is intended for shipment or

transportation in interstate or foreign commerce;

which does not have affixed thereto, in a manner prescribed as

set forth in subsection (e)(1), a statement describing where the

records required by this section may be located, but such person

shall have no duty to determine the accuracy of the contents of

the statement or the records required to be kept.

(g) The Attorney General shall issue appropriate regulations to

carry out this section.

(h) As used in this section -

(1) the term ''actual sexually explicit conduct'' means actual

but not simulated conduct as defined in subparagraphs (A) through

(D) of paragraph (2) of section 2256 of this title;

(2) ''identification document'' has the meaning given that term

in section 1028(d) of this title;

(3) the term ''produces'' means to produce, manufacture, or

publish any book, magazine, periodical, film, video tape or other

similar matter and includes the duplication, reproduction, or

reissuing of any such matter, but does not include mere

distribution or any other activity which does not involve hiring,

contracting for managing, or otherwise arranging for the

participation of the performers depicted; and

(4) the term ''performer'' includes any person portrayed in a

visual depiction engaging in, or assisting another person to

engage in, actual sexually explicit conduct.

(i) Whoever violates this section shall be imprisoned for not

more than 2 years, and fined in accordance with the provisions of

this title, or both. Whoever violates this section after having

been convicted of a violation punishable under this section shall

be imprisoned for any period of years not more than 5 years but not

less than 2 years, and fined in accordance with the provisions of

this title, or both.

[codeorama]

Child Pornography...... Bad

Pornography.....

[Baculus]

Well, if this Section is actually enforced how it's worded, there is going to be a lot of pornography pulled from the shelves.

[flyingtiger1013]

Time to stock up!!

[skinzfan4life]

Originally posted by codeorama

Child Pornography...... Bad

Pornography.....

:stupid: :point2sky

hahaha!!

[Predicto]

This law will be virtually impossible to comply with for nearly all internet sites, but it comes from a premise (age verification) that is hard to argue with in the abstract.

Frankly, it is a brilliant piece of legislative gamesmanship which may well have the blanket censorship effect that its proponents undoubtedly desire.

[Thiebear]

That would be the Tracey Lords theory..

Get it documented so youngsters are not doing naked wrestling...

Just like cigarrettes and booze and driving and work it can be regulated for and about children.

[OrangeSkin]

I like porn.

[Baculus]

I don't think most people here understand the impact of this ruling and treat it as some joke. For example, the ever popular daily babe thread? If any of the photos on that thread are found to fall under the new set of rules, then they would follow under its guidelines, which means Extremeskins would have to keep records of the ages of the participants and copies of their photo IDs; and is required to list a street address where the government may inspect these records without notice (and keep it open 20 hours a week for at least the next five years). Any failure to do so would result in jailtime. Now, this is merely an example.

As the following link states, "On June 23, new regulations from the Department of Justice went into effect, dramatically expanding the reach of a statute, 18 U.S.C. § 2257, intended to regulate the adult entertainment industry. Now it includes every blogger, online journalist, and website owner who displays any image falling under the law's broad (and vague) definition of "sexually explicit" materials."

http://www.eff.org/deeplinks/archives/003741.php

If this ruling appears to be what it is, then it could have a huge impact when it comes to sexual freedom and free speech.

[Larry]

What, you mean our government has passed a law which they claim is to protect children, but which has the "unintended" consequence of imposing all sorts of roadblocks on groups the religous right doesn't like? And which also happens to greatly expand federal law enforcement powers?

I'm shocked. Shocked.

[RonJeremy]

another blow to my career in porn! :mad:

[Larry]

Originally posted by RonJeremy

another blow to my career in porn! :mad:

He-he-he. He said 'blow'.