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  #1  
Old 06-25-2005, 12:41 AM
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Quote:
Originally Posted by jseal
Booger,

No sir, that is incorrect. The thread title reads, “New Picture Posting Q & A” and the following is the first post to the thread:


The second post to the thread was explicitly about the law:


I posted a couple of questions I had about the new policy. Those questions were well within the scope of the thread title and the limits expressed by Lilith in the initial post.

Lilith, while neither providing an answer to either question, nor offering to find out, acknowledged that the question was not out of line.


If you will notice the line you had quoted above from lilith states.

Quote:
Originally Posted by Lilith
This is an area where I hope to be able to adddress your questions and concerns regarding the new policy enacted to comply with recent U.S.law.


I you notice it say regarding the new policy enacted to comply with recent U.S.law. If you notice it say to comply with the law. It dose not say and the law. The second post was some one asking what the law was not a question about the law itself. This is your first question in this thread if you will note it is about the new law not the new policy.


Quote:
Originally Posted by jseal


Lilith,

What parts of 18 U.S.C. § 2257 are at issue?

As Pixies doesn’t produce the images in question it isn’t a Primary producer. Sec. 75.1 Definitions, C, (1)

I presume that the concern is about (2), in particular the part I’ve underlined: “A secondary producer is any person who produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues a book, magazine, periodical, film, videotape, digitally- or computer- manipulated image, picture, or other matter intended for commercial distribution that contains a visual depiction of an actual human being engaged in actual sexually explicit conduct, or who inserts on a computer site or service a digital image of, or otherwise manages the sexually explicit content of a computer site or service that contains a visual depiction of an actual human being engaged in actual sexually explicit conduct, including any person who enters into a contract, agreement, or conspiracy to do any of the foregoing.”

Even so, Pixies is not a producer per (4) (ii)

“Producer does not include persons whose activities relating to the visual depiction of actual sexually explicit conduct are limited to the following:

(ii) Mere distribution;”

Pixies, while a commercial site, gets no revenue from the availability of the pictures at the site.

Perhaps I am looking at the statute incorrectly, or perhaps I am looking at the wrong parts of the statute, but I see no requirement for Pixies to maintain the records commercial pornographers must. It is the criminal penalties associated with inadequate or insufficient record keeping which is at issue here, is it not?
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  #2  
Old 06-25-2005, 01:58 AM
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Lilith,

Thanks for starting the thread and keeping us informed.

It would be nice if we could all focus on making efforts to change the law rather than over-analyzing or finding holes and gaps in it.

A number of people have already made the point that is most essential in this whole debate, regardless of the letter of the law, the law is intended to restrict free expression of human sexuality. No loophole or trick of wording will prevent this administration from prosecuting and restricting access to websites it deems to be in violation of this law.

For those who want to take me or others to task for criticizing the current or any government, I remind you that it is my duty and right as a citizen. If the administration can't take the heat, they should get out of the White House.
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  #3  
Old 06-25-2005, 05:51 AM
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Booger,

When Lilith solicited questions about Pixies’ new policy enacted to comply with recent U.S. law, then fielded posts about the law from Winston77, rukh75, Dubblz, wyndhy without problem, while accepting the political posts and rants without comment – all of which occurred before my initial post, well, I’d say that the scope of the thread was quite wide. It would seem that you take a rather more narrow reading.

Unto each his own. Respectfully, I disagree with you.
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  #4  
Old 06-25-2005, 07:49 AM
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Sorry if I sound a wee bit angry or ranty in the following, but I'm feeling a wee bit angry and ranty...

So, that born-again bullshitter, Bush, and his neo-con storm-troopers are going after Pixies, now? That should keep his sugar daddies on the Religious Right happy for a bit: "Well, darn it, Bubba Senior - George Dubya sure as heck is brave in tackling all these evil pornographers and filth-merchants head on like this. If you ask me, freedom of speech and burden of proof are over rated. Let's send him a couple more million dollars and see what else he can kick up for us!"

I know the rights of folks in the hardcore porn industry are never going to be big vote winners in the American elections but if you look into how the Republicans have been adapting the laws and constitution to suit themselves in going after people working in the porn industry over the past couple of decades (first under that senile old b-movie cowboy, Ronald McReagan, then his crumbly successor GB Senior) you'll get a hint of what's on the horizon for everyday American folks throughout the remainder of this term (and its follow-up if you let it happen). Eg - look into how "Miranda Laws" (which were designed to tackle Mafia style crime organizations) have been used to snatch property from porn directors and producers without trial: guilty until proven innocent!

The new documentation required for websites to remain legal has been required by porn video producers since (I think) 1995. I don't know if it's exactly the same, but for porn videos the producer or director must have copies of two legal forms of photo-ID for each performer (passport, driver's licence etc) and a model release form, as proof that the performer was over 18 at the time of production. I guess this seems a fair enough way of preventing underagers like Traci Lords from getting into the industry, but it's interesting that the burden of proof lies with the producer rather than law enforcement. Also, the documentation requires the performer's REAL name and address, as well as stage name, which kind of throws anonymity and personal safety of the performers out the window. You'll notice that at the start of every porn movie there is a legal statement showing who holds this documentation and where it is held (real names, no PO boxes allowed).

I'm pretty sure that this is pretty much what the new legislation will require from Website Owners. Here's an example of the documentation one of the content providers I use has recently put up on all its sites in order to comply: http://www.siccash.com/2257.html

That's fair enough for an actual porn site , exhibiting pics or vids owned or licensed by the web-owners, but how can a message board like Pixies possibly comply? How many posters here would be willing to send Pixies two forms of photo-ID and a model release form (all featuring real names and addresses) for each explicit pic posted? How else are the owners going to prove you were over 18 at the time the pic was taken?

By the way, I noticed earlier that someone was querying whether Pixies does class as a producer when there's no money involved. Well, I'm afraid it does. Pixies is the publisher of your photographs and therefore a secondary producer. You (or your hubby / wife) are the primary producer.

From what I've read elsewhere it looks like the Feds could go after the primary and secondary producer of any internet based erotic imagery which doesn't have a fully documented 18 USC Statement like the one linked to above, plus all the approriate documentation in the correct order and without any typos. I read somewhere that there's talk of possible five year prison sentences for those who don't comply.

I imagine the Bush-Whackers are going to concentrate most of their energy on going after the dodgier end of internet porn - the publicity there will be in their favour - rather than a site like Pixies. Hopefully they're thinking there'd be too much potential bad press in going after free speech forums like this, but, on the other hand, can you honestly say that this administration is known for its intelligence or subtlety?

Maybe hosting Pixies in another country is the solution, as suggested earlier. I'm not sure that the Uk would do the trick for this, though. I don't know what the UK's laws on internet sites are, but things are kind of confusing and contradictory here. Explicit sex seems to be allowed in certain magazines and has been passed in a few "arthouse" movies (like Intimacy, Romance and 9 Songs) but in general it is illegal to sell an explicit pornographic movie unless it has been classified R18 (Restricted 18) and those can only be sold in licensed sex shops (not by mail-order). I believe there are only a couple of hundred of those in the country.

Maybe a country like Canada would be a better choice, or better still - somewhere in Scandinavia or mainland Europe. Amsterdam maybe?

In the meantime it'd be great if the Pixies owners enabled the edit function on the forums so we can censor our own explicit pictures from the past incase this ends up being a problem. I'd like to be able to do this.

If you're angry about all this, then go kick up a stink - write to politicians and journalists. Don't allow the Neo-Cons to sneak all this bullshit in the backdoor without anyone even noticing. And remember to vote for Hillary at the next election, my pretties!

Whoo - I feel cleansed after all that. It's good to rant.
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  #5  
Old 06-25-2005, 08:44 AM
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Quote:
Originally Posted by !rebeccakohl!
Maybe hosting Pixies in another country is the solution, as suggested earlier. I'm not sure that the Uk would do the trick for this, though.......

Maybe a country like Canada would be a better choice, or better still - somewhere in Scandinavia or mainland Europe. Amsterdam maybe?

Pixies was originally hosted in the UK....so not sure as to why you think it couldn't be again

Can i just add that decisions like moving to another country or editing and stuff has to come from the owners....it is after all their site...Lil and us other Mods are just caretakers...we do as the boss tells us
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  #6  
Old 06-25-2005, 08:44 AM
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!rebeccaohl!~ changes to the edit function is definitely something being considered.
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