From
Free
Internet Press
The United States Government is looking to stamp out pornography,
starting at midnight tonight. While sitting in church, people think it's
fine to say "I abhor porn", but most men still look at it. It makes a
nice safe political platform. If a politician stands up and says "Lets
stop pornography", not too many people will argue with him.
I'm arguing right now. Leave my pornography alone. If I want to watch
consenting adults having intercourse, that's my own business. It doesn't
matter if I see it in a magazine, on Cinemax late at night, or on the
Internet.
The U.S. Government has passed "18 U.S.C. § 2257", which effectively
shuts down every American owned or operated adult industry where there
may be a photograph or video. It requires more paperwork than even the
most adept accountant could possibly keep up with. The punishment for
even a single offense if $25,000 and/or 5 years in jail. Having even two
pictures of adults in intimate situations would double those fines.
For each sex scene filmed, photographed or published the Government
requires the following information:
The full legal name of the model. All other names, (maiden/married/stage
name, aliases)
Copy of the depiction, printed on the paper record. Copy of every
associated URL the image is displayed on, and the URL of the image every
place it appears. Even on our site here, that's a problem. Any given
page is dynamically shown not only in 4 different places on this site,
but through every RSS newsreader, and aggregation sites such as Google
News and Yahoo News,
We must also maintain indexes which find the record alphabetically,
numerically, by the performer's last name (followed by first), aliases,
stage names, title, and identifying marks.
If someone else should reuse this image on their site, but linking it
from our server, we must also append our records then. If
http://my-anal-retentative-government-agency.gov put our picture on
their site, linked from our servers, we must update our records
accordingly.
If the indexing and record keeping weren't enough, we have rules for
record maintenance and retention and inspection.
The record must be maintained at my place of business. I cannot have a
3rd party company maintain my records for me. I must keep these records
segregated from any other records. I must keep the records intact for 7
years from creation or amendment, and finally even if my organization
should fail, I'm required to keep these records on file for 5 years,
which makes the following interesting.
My location must be available for inspection from 8am to 6pm, 365 days a
year. I understand this has been amended to only be 20 hours per week.
While "inspecting records", the agents may seize any evidence of any
felony while conducting an inspection. Basically, they're opening up a
door for warrantless entry into any adult business (adult video store,
book store, or Internet business)
Ahhh, and the disclosure statement. Several paragraphs in 11 point type,
on the front page of the site, saying the title of the work, date of
production, publication, duplication, reproduction, or re-issuance. the
street address where the records are kept, and the name, title, and
business address of the custodian of records.
So, our little photograph above not only has created a few pages of
paperwork in a segregated part of our offices. We now also have a new
part time employee (20 hours per week), who's only job is to sit over
those records, waiting for the Attorney General or a delegate thereof to
knock on the door and say "Show Me Your Papers"
As Penn and Teller would say, as is the title of their Showtime show,
"BULLSHIT!"
Pornography has been a driving factor in the devices we have today. Most
Internet providers derive a large portion of their income from internet
revenue. For example, a site such as ours uses very little bandwidth,
and very little in server resources. In contrast, a porn site with
streaming video and lots of high resolution pictures and tens of
thousands of users will use a lot more. We consume less than 1% of our
provider's total Internet usage. 9% belong to the large number of
"mainstream" web sites. The remaining 90% belongs to a few pornographic
web sites.
The VCR, the DVD and home video equipment such as the camcorder and even
the polaroid camera became popular because it brought privacy to what
was once a source of some embarassment. It gave the general public a way
to partake in such illicit acts in the privacy of their own home.
This is nothing to be embarrassed about. People like to see other people
have sex. It's looking into something they are not allowed to have.
For more information on this topic, you may want to look at
www.freespeechcoalition.com,
or ask anyone in the adult entertainment industry. You'd be amazed where
you'd find us.
Editor: I felt it necessary to reply to the following comment: You do
realize that 18 U.S.C. § 2257 was passed in the 1980s, right? To prevent
child pornography after Traci Lords started making videos as an underage
teen lying about her age.
The laws have done absolutely nothing to stop what Traci Lords did. They
require a virtually impossible paper trail to be created. Tracy Lords
had a real drivers license, obtained through illegal methods. The
drivers license had the wrong name, the wrong birthdate, but her
photograph. Even with all the new laws, what does this do to stop the 15
year old Traci Lords from performing? Absolutely nothing
As for the fact that every webmaster already has this paper trail, that
is false. They may have the model releases already on file, but now
they're required to create a new paper trail to every instance of the
photograph anywhere it may be shown, which in most cases is impossible.
The new paper trail, retroactive to every photo shot since 1969, makes
it impossible ffor any American adult entertainment company work. In
addition, providers of DVD's, in brick and mortor stores, or on the
Internet, must have the full paper trail for every video they provide.
In the past, they've simply referenced the people who do have the
records.