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First casualty of new record-keeping reg - 6/18/2005 3:18:22 PM

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Bound & Gagged is shutting down (www.boundandgagged.com) -- they have an explanation on their site regarding the he new adult record-keeping and labeling regulations, 28 CFR Part 75, drawn from the Child Protection and Obscenity Enforcement Act.

I read through the description of what fits in this category:
"a visual depiction of an actual human being engaged in actual sexually explicit conduct," and the clarification of "sexually explicit conduct" is:

"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"

I guess just stating "sadistic or masochistic abuse" pretty much covers the full range of BDSM activities.

I know there is a lot of legal activity going on prior to the June 23 date this goes into affect. Does anyone think a large number of BDSM sites are going to remove content or shut down?

Akasha

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RE: First casualty of new record-keeping reg - 6/18/2005 3:51:42 PM

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If they aren't working on projects for the Texas oil men, or other guys like Bill Gates who are desperate for tax relief, there trying to legeslate morality! Adult sites I've been to require a credit card to see the content you mentioned. I think they ought to be working on lowering the price of gas, not causing it! I truly hope BDSM sites don't have to shut down. If the govt. gets away with this, the're one step closer to your private life, bedroom, or dungeon. Jmo, Mike

< Message edited by ProScatman -- 6/18/2005 3:55:13 PM >

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RE: First casualty of new record-keeping reg - 6/18/2005 4:01:59 PM

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quote:

ORIGINAL: ProScatman

If they aren't working on projects for the Texas oil men, or other guys like Bill Gates who are desperate for tax relief, there trying to legeslate morality! Adult sites I've been to require a credit card to see the content you mentioned. I think they ought to be working on lowering the price of gas, not causing it! I truly hope BDSM sites don't have to shut down. If the govt. gets away with this, the're one step closer to your private life, bedroom, or dungeon. Jmo, Mike

The law is approaching this the other way around -- this isn't about whether or not an adult is viewing it, it's about whether or not it's an adult in the content. To prove that the people in the pictures are 18 or older, various people involved in the process must have on file and available a copy of ID, real name, and other information. It goes on and on. And, the storage and filing requirements are spelled out in a way that makes it nearly impossible for compliance.

http://freespeechcoalition.com/2257info.htm has more detailed information.

Akasha

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RE: First casualty of new record-keeping reg - 6/18/2005 4:44:05 PM

kc692

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quote:

ORIGINAL: AAkasha

Bound & Gagged is shutting down (www.boundandgagged.com) -- they have an explanation on their site regarding the he new adult record-keeping and labeling regulations, 28 CFR Part 75, drawn from the Child Protection and Obscenity Enforcement Act.

I read through the description of what fits in this category:
"a visual depiction of an actual human being engaged in actual sexually explicit conduct," and the clarification of "sexually explicit conduct" is:

"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"

I guess just stating "sadistic or masochistic abuse" pretty much covers the full range of BDSM activities.

I know there is a lot of legal activity going on prior to the June 23 date this goes into affect. Does anyone think a large number of BDSM sites are going to remove content or shut down?

Akasha

On a more vanilla site, I am a member of confirmid, and the site uses it, I wonder what cost is involved for the sites, should be minor program tweaks to tie in to database...don't know, waiting to see what happens with whippedass.com...it has a premium area, but there are explicit pictures for free, just stills, not video.

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RE: First casualty of new record-keeping reg - 6/18/2005 4:46:02 PM

kc692

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quote:

ORIGINAL: AAkasha

quote:

ORIGINAL: ProScatman

If they aren't working on projects for the Texas oil men, or other guys like Bill Gates who are desperate for tax relief, there trying to legeslate morality! Adult sites I've been to require a credit card to see the content you mentioned. I think they ought to be working on lowering the price of gas, not causing it! I truly hope BDSM sites don't have to shut down. If the govt. gets away with this, the're one step closer to your private life, bedroom, or dungeon. Jmo, Mike

The law is approaching this the other way around -- this isn't about whether or not an adult is viewing it, it's about whether or not it's an adult in the content. To prove that the people in the pictures are 18 or older, various people involved in the process must have on file and available a copy of ID, real name, and other information. It goes on and on. And, the storage and filing requirements are spelled out in a way that makes it nearly impossible for compliance.

http://freespeechcoalition.com/2257info.htm has more detailed information.

Akasha

Whoops, should have read further before replying. I think I will check out your link so I can stay on thread, and answer the correct question, instead of another one that wasn't posed.

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RE: First casualty of new record-keeping reg - 6/18/2005 5:50:58 PM

GoddessDustyGold

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quote:

ORIGINAL: AAkasha

http://freespeechcoalition.com/2257info.htm has more detailed information.

Akasha

I just took a quick glance through the comments on this. I always adhered to the Title 18 regulation when I was publishing on the web, and I was very small potatoes. I did once refuse to merchandise fetish videos for one lady who would not give Me the paperwork for the file. She was nervous about having her info on record anywhere. 24/7 streaming video is just one example of photography which would be horrible to try to store.
This is going to be very problematic for the big sites. I will be watching with interest.

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RE: First casualty of new record-keeping reg - 6/18/2005 6:03:57 PM

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Hey Everyone-
This new regulation is rather confusing and has affected me greatly. My lawyer has advised me to put the brakes on my personal website.
"Sadistic and masochistic" is the name of my personal "game" as I enjoy force fantasy shoots and bondage, which can be construed as abuse by someone somewhere, no matter how many releases I've signed.
There is also a new regulation that my lawyer was telling me about, that would require me to put my full name and physical address on any sites where I am featured, as well as on my own site- which simply isn't safe.
I will be watching this thread with interest and if I get any new information I will let y'all know.
Thank you for bringing this up, Aakasha.
B

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RE: First casualty of new record-keeping reg - 6/18/2005 10:05:19 PM

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quote:

ORIGINAL: MzBerlin

Hey Everyone-
This new regulation is rather confusing and has affected me greatly. My lawyer has advised me to put the brakes on my personal website.
"Sadistic and masochistic" is the name of my personal "game" as I enjoy force fantasy shoots and bondage, which can be construed as abuse by someone somewhere, no matter how many releases I've signed.
There is also a new regulation that my lawyer was telling me about, that would require me to put my full name and physical address on any sites where I am featured, as well as on my own site- which simply isn't safe.
I will be watching this thread with interest and if I get any new information I will let y'all know.
Thank you for bringing this up, Aakasha.
B

Good lord, what will they want you to do next? Take out a full page ad in all the major news papers and publish a map to your home and a "Please come rape and kill me" message?

I've had to send in photo copies of my drivers license and a signed consent form to admin of certain sites before they would publish photos or short stories that I've written. I had no problem with doing that since these are established sites that have been around for quite a while and have a fairly large active membership.

But this is entirely different

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RE: First casualty of new record-keeping reg - 6/19/2005 4:28:37 AM

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I haave no "insight" into all of this; but a friend of mine who is a freak/geek said the government is actually trying to create an adult zone for adult sites so it will be much easier for libraries/parents/businesses to keep their computers from accessing adult content.

Example; this site would have to change its domain to www.collarme.xxx

I don't know how correct this is; but it sounds like it would work.

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RE: First casualty of new record-keeping reg - 6/19/2005 5:20:00 AM

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quote:

Example; this site would have to change its domain to www.collarme.xxx

Actually, I think that change is unrelated to 28 CFR Part 75 of the Child Protection and Obscenity Enforcement Act. This new regulation is about making sure that any model is of legal age and not a child.

Although I suppose some might say that the new regulation is aimed at making record keeping in the adult industry so burdensome that it will help shrink internet porn.

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RE: First casualty of new record-keeping reg - 6/19/2005 6:50:32 AM

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It looks like HogTied and its affiliates are trying to get around it like this:

http://cybernetentertainment.com/2257statement.php

f

*Edited to change markup

< Message edited by stormsfate -- 6/19/2005 6:51:04 AM >

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RE: First casualty of new record-keeping reg - 6/19/2005 7:44:06 AM

stef

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quote:

ORIGINAL: lovingmaster45

I have no "insight" into all of this; but a friend of mine who is a freak/geek said the government is actually trying to create an adult zone for adult sites so it will be much easier for libraries/parents/businesses to keep their computers from accessing adult content.

Example; this site would have to change its domain to www.collarme.xxx

I don't know how correct this is; but it sounds like it would work.

It's incorrect, on several levels. The 'government' isn't creating anything, ICANN is. There also isn't going to be any mandatory changing of TLDs to the xxx domain for 'adult' websites, it would be completely voluntary. Since it's not mandatory, it's not going to do anything but make money for the registrars who 'sell' these TLDs.

~stef

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RE: First casualty of new record-keeping reg - 6/19/2005 9:51:49 AM

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Why don't these sites just host their sites on servers in other countries that don't have these laws?

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RE: First casualty of new record-keeping reg - 6/19/2005 9:59:07 AM

stef

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Many do.

~stef

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RE: First casualty of new record-keeping reg - 6/19/2005 10:46:57 AM

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quote:

ORIGINAL: pygmalionsub

Why don't these sites just host their sites on servers in other countries that don't have these laws?

I know a few kink friendly Canadian hosting companies that are going to boom as a result of this. We don't have such a law here.

What I'm wondering now is what is going to happen to sites where members have paid a one year membership and then the site gets shut down. I guess the US gov't doesn't care about that neither.

- LA

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RE: First casualty of new record-keeping reg - 6/19/2005 12:09:50 PM

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quote:

ORIGINAL: sfgrrl

It's incorrect, on several levels. The 'government' isn't creating anything, ICANN is. There also isn't going to be any mandatory changing of TLDs to the xxx domain for 'adult' websites, it would be completely voluntary. Since it's not mandatory, it's not going to do anything but make money for the registrars who 'sell' these TLDs.

~stef

While that is true, what do you think the chances are that there is a law working it's way through in the next six months in the US that will try to make the a requirement?

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RE: First casualty of new record-keeping reg - 6/19/2005 12:28:33 PM

stef

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I think it's pretty low, actually.

~stef

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RE: First casualty of new record-keeping reg - 6/20/2005 4:12:57 AM

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I cant pretend to fully understand all this stuff as the same things dont apply in the UK although working as a PSO I contribute to boards where some of the US girls are going through hell trying to carry on working within all this legislation.

The only experience Ive had of anything remotely similar was when MSN shut down all its UK chatrooms citing child abuse and pornography issues as the reason. This I think most people believed to be a cynical ploy on the part of MSN to get people to pay for the service and to absolve themselves of any responsibility for monitoring, which failed dismally.

I think the greatest danger with any legislation like this supposedly designed to protect people in some way is that it drives all the bad stuff further underground. It certainly doesnt stop it happening just makes it less visible which I only see as a bad thing.

I do hope it all gets sorted in a sensible way, unfortunately its going to take a long time to see whether that happens. Everyone with sites has my respect and hope that its not too long before you can carry on with whatever you do and that the government will keep its big nose out! lol

much love
Sasha
x

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RE: First casualty of new record-keeping reg - 6/20/2005 10:38:45 AM

edana

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quote:

Why don't these sites just host their sites on servers in other countries that don't have these laws?

If you do that, you'd best have your ass in another country where these laws don't apply too. Hosting the site in a foreign country will keep your hosting company out of trouble, but if it's your site, and you're subject to U.S. laws, it won't help you much. There is plenty of legal precedent already for the notion that the crime occurs where the material is viewed, not where it is hosted. I remember a case where some folks from California were convicted of violating obcenity laws in Tennessee even though their content was not hosted in Tennessee. The fact that the material was accessible in Tennessee was enough. Similarly, any U.S. based company or individual who puts something up on the internet that is accessible in the U.S. had best pay attention to U.S. law. It won't matter legally where the material is hosted.

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RE: First casualty of new record-keeping reg - 6/20/2005 12:41:09 PM

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Here's some links to more info on the GOP Xtian Theocrats producing a 'g-rated' America to cover up their own epidemic of predatory pedophilia...

Why I'm Forced to turn my Lost Vegas.us site into a Media-Edu-tainment WAR on US Xtian+GOP+Fed Theofascists

US Feds censor action & nude X photos/vids on 6-23: Article wrong, genital nudity is NOT exempt

Lawyer on 2257: GOP Feds terminate 1st & 4th Amendments forcing a US g-rated culture for theocrats

Entire 18 U.S.C 2257 Code itself is unconstitutional & ripe for for opposition by ACLU & FSC

500 terabytes record info needed to satisfy 2257 regs on 12 vidstreams: More than a human brain

Feds make 2257 compliance impossible: Results in seizure of all property; 10 yrs prison per violation

FSC describes compliance impossibilities in 2257 designed solely by GOP-Xtian Theocrats to Censor

Images of genitals outlawed by US Feds: Models forced to reveal name, SS#, phone, address to public

New 2257 regs not about stopping child porn content: Xtian-GOP covering up THEIR own pedophile epidemic

Voyeurweb Forum Posts on New Draconian 2257 regs severely limiting & censoring the net porn biz

Big Corporations Fund Chat Rooms for Predatory Pedophiles: While those corporate loving Xtian-GOP theocrats censor adult biz producing a g-rated sanitized America

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