• Record Keeping

    November 14th, 2012
    Record Keeping
    content/attachments/18177-microscope-jpg.html
    By J. D. Obenberger, Attorney at Law

    YNOT – The performer is standing in front of you for all the niceties to be conducted before his or her best and most enthusiastic services are to be rendered. The ID is tendered to you. How should you check it for validity?

    (In other articles, I've covered the forms of identification required by federal law, and elsewhere, I've covered the methodology you should employ to control a shoot with greatest protection for you and your legal interests. The requirements of legibility and recent and recognizable images in the picture identification document are covered in the Regulations at Section 75.2 (a) (1).)

    Tools

    First, your tools. You will need a 45x illuminated eye loupe that includes ultraviolet LEDs. You can obtain one for $6.50 or thereabouts from American ...
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    February 15th, 2011
    LegislationRecord KeepingIntellectual Property
    content/attachments/13418-daveandaurora-jpg.html YNOT – I’ve been in battles many times, be it with grade-school bullies, scholastic deadlines or the Viet Cong. Now into my 17th year of involvement with the adult entertainment industry, current battles are many and some seem considerably ill-targeted.

    For example, consider the religiously radical and/or self-appointed (fundraising?) civic and business organizations and legislators who seem to think their God, or the 2010 elections, gave them extraordinary power to reload their shotguns and target legally legitimate porn. Why can’t they instead vigorously go after child porn, terrorists, government ineptness, illegitimate ...
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    August 2nd, 2006
    Record Keeping
    Article Preview On Thursday, July 27 2006, President Bush signed House Resolution 4472 into law, an enactment with profound effects for adult webmasters.<i>When does HR 4472 Take Effect? </i> <br /> <br /> Bills passed by both houses of Congress become effective upon signing by the President in the absence of provisions in the Bill that otherwise provide. The definition of those who produce sexually explicit content now includes the class of persons who have been called "secondary producers" in ...
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    February 3rd, 2006
    Record Keeping
    Article Preview Unless you have been stranded on some desert island and unaware of the news involved in the adult entertainment industry, then you are aware of the recent decision entered by the Honorable Walker D. Miller, U.S.D.J. in the case of Free Speech Coalition v. Gonzalez, Court Action No. 05-CV-01126-WDH-BNB (U.S.D.C.D. Colo) (hereinafter referred to as “FSC”). The FSC case involves claims made by various plaintiffs opposing recently enacted regulations promulgated by the United States Department of Justice (DOJ) governing the provisions of 18 U.S.C. §2257 (28 CFR §75 et. Seq.) that had been adopted on May 24, 2005, effective June 23, 2005. The plaintiffs in the FSC matter had entered an application for a preliminary injunction asking the court to protect themselves from any enforcement of the new regulations. After several short “cooling off” periods, Judge Miller’s December 28, 2005 decision addressed the application. This article will address not only the FSC decision, but the actions the DOJ took during the initial litigation period and where the issue goes from here.As the court ...
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    August 19th, 2004
    Record Keeping
    Article Preview HOLLYWOOD, Florida – The summer InterNext Expo Legal Roundtable seminar was standing room only last Saturday afternoon at the Diplomat Hotel in Hollywood, Florida. With Ashcroft’s proposed changes to 18 U.S.C.HOLLYWOOD, Florida – The summer InterNext Expo Legal Roundtable seminar was standing room only last Saturday afternoon at the Diplomat Hotel in Hollywood, Florida. With Ashcroft’s proposed changes to 18 U.S.C. 2257 weighing heavily on the minds of adult industry professionals, Internext attendees abandoned the show floor and packed into the show’s large seminar room to listen to a panel of adult industry ...
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    August 6th, 2004
    Record Keeping
    Article Preview For some of you this may just be more of the same old news, but this week I wanted to publish my thoughts on a very controversial and serious topic. 2257. First, the disclaimer. I am not a lawyer.For some of you this may just be more of the same old news, but this week I wanted to publish my thoughts on a very controversial and serious topic. 2257. First, the disclaimer. I am not a lawyer. I am not offering legal advice. I am only offering you a second hand account of what I heard from attorney Eric Bernstein, who shared his views with us on The Porn Professors ...
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    January 2nd, 2004
    Record Keeping
    Article Preview There are a few amateurs nervous about having to put their home addresses on their sites to satisfy 18 USC 2257 legal requirements. These fears arise out of the possibility that a particularly "smitten" member might decide to come visit them (or worse!) one day.There are a few amateurs nervous about having to put their home addresses on their sites to satisfy 18 USC 2257 legal requirements. These fears arise out of the possibility that a particularly "smitten" member might decide to come visit them (or worse!) one day.

    Would hiding the address in question in a sea of other producer's addresses, such ...
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    January 2nd, 2004
    Record Keeping
    Article Preview There are a few amateurs nervous about having to put their home addresses on their sites to satisfy 18 USC 2257 legal requirements. These fears arise out of the possibility that a particularly "smitten" member might decide to come visit them (or worse!) one day.There are a few amateurs nervous about having to put their home addresses on their sites to satisfy 18 USC 2257 legal requirements. These fears arise out of the possibility that a particularly "smitten" member might decide to come visit them (or worse!) one day.

    Would hiding the address in question in a sea of other producer's addresses, such ...
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    June 26th, 2003
    Record Keeping
    Article Preview My site has many sections, but two are particularly key to its success. In these sections, amateurs post their own shots. The compliance department is asking me how I verify they are 18 or older, in accordance with 18 USC § 2257.Question:

    My site has many sections, but two are particularly key to its success. In these sections, amateurs post their own shots. The compliance department is asking me how I verify they are 18 or older, in accordance with 18 USC § 2257.

    Right now, I have no statements on my site about this law. But I specifically ask submitters to be 18 or older. I also refuse shots that I consider questionable.

    What are the precise requirements ...
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    June 26th, 2003
    Record Keeping
    Article Preview My site has many sections, but two are particularly key to its success. In these sections, amateurs post their own shots. The compliance department is asking me how I verify they are 18 or older, in accordance with 18 USC § 2257.Question:

    My site has many sections, but two are particularly key to its success. In these sections, amateurs post their own shots. The compliance department is asking me how I verify they are 18 or older, in accordance with 18 USC § 2257.

    Right now, I have no statements on my site about this law. But I specifically ask submitters to be 18 or older. I also refuse shots that I consider questionable.

    What are the precise requirements ...
    Read More Read More

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