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Thread: what is 18 U.S.C. 2257 record keeping ?

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    Veteran Member naughtycamgirl's Avatar
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    Default what is 18 U.S.C. 2257 record keeping ?

    what is 18 U.S.C. 2257 record keeping ? is it mandatory on my indy website ? if yes, how can I do it ?

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    Default Re: what is 18 U.S.C. 2257 record keeping ?

    It's a model release form that verifies who you are, age, and consent to have your images released. Yes, you need it. You can find forms online or devise your own. You'll have to link it on your page in the footer section and it'll have to give the address of where the 2257 can physically be found, or you can go with various companies online for custodial services where they'll be in charge of it and will list their business address of where it can be found.

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    Default Re: what is 18 U.S.C. 2257 record keeping ?

    Do I need it even if I don't live in USA ? Only my website is hosted there ? Do I have to pay for it ?

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    Default Re: what is 18 U.S.C. 2257 record keeping ?

    ^^^ technically speaking, if your web content is available to US web surfers / customers, the law requires you to maintain Section 2257 records. Your own physical location, and the physical location of your web server, are irrelevant in this regard.

    Also, be aware that every person that maintains a Section 2257 file is giving de-facto permission for 'authorized persons' to enter the address given for record maintenance WITHOUT a search warrant, for the stated purpose of inspecting those records. However, if those 'authorized persons' happen to notice anything 'questionable' while inside the premesis, even if it has absolutely nothing to do with Section 2257 compliance, they can bust you for it. THIS is one of the reasons that I shut down my Indy webcam. However, today there are a number of 'professional proxy services' that will maintain your indy website's Section 2257 records at THEIR premesis ( for a fee, of course ).

    Basically, Section 2257 requires a file entry for every 'adult' picture posted on your website. Where video streams are concerned, arguably there is no way to fully comply with Section 2257 other than using a single fixed URL for your SOLO video stream. This requirement can be sidestepped if an established webcam host is acting as 'secondary producer' of your adult content. But indy webcams are considered to be both 'primary' and 'secondary' producer in one, thus bear the burden of 2257 compliance themselves.

    lots of info at ... including a reference to the case law which subjects foreign adult websites to US jurisdiction.
    Last edited by Melonie; 05-01-2012 at 02:36 PM.

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    Default Re: what is 18 U.S.C. 2257 record keeping ?

    Yeah, I would DEFINITELY get one to cover your ass. Believe me it will be worth it, not too time consuming or expensive either (and may be a tax write off).

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    Default Re: what is 18 U.S.C. 2257 record keeping ?

    ^definitely a tax write off if you make yourself an EIN

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    Default Re: what is 18 U.S.C. 2257 record keeping ?


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    Default Re: what is 18 U.S.C. 2257 record keeping ?

    ^^^ that service does not appear to offer live video streaming. Live video streaming poses a particular problem for Section 2257 compliance since you are essentially creating new video BEFORE a Section 2257 file entry can be made to cover it !

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    Default Re: what is 18 U.S.C. 2257 record keeping ?

    Do I need one too? I'm planning on opening a clip store on my own site, but I'm in the UK. Content will all be of me.

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    Default Re: what is 18 U.S.C. 2257 record keeping ?

    ^^^ Will your website be accessible to US customers ? Will your website have nude pics and videos that are sexually 'suggestive' ? If so the answer is technically Yes !

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    Default Re: what is 18 U.S.C. 2257 record keeping ?

    Yes and yes. I guess that answers that, thanks Melonie

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