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Justice Department to Publish 2257 Revisions This Week

Language in new draft calls for third-party record keeping and extensive notices
Justice Department to Publish 2257 Revisions This Week
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Dec 17, 2008 11:00 AM PST    Text size: 
WASHINGTON — The Justice Department has released revised Section 2257 regulations and they are expected to go in effect in three months.

The 167-page draft includes a change that enables for third-party recordkeeping, Chicago-based attorney J.D. Obenberger told XBIZ.

It means individuals and small companies will be able to contract with a third party with the necessary records, giving them added privacy and security and reduction in compliance costs, he said.

The revised regulations are more stringent with the application of Adam Walsh Child Protection Act of 2006, which requires notices to be placed on each page of every adult website.

“Webmasters will now need to post a link to the disclosure statement on all pages where 2257-triggering content appears,” attorney Larry Walters from FirstAmendment.com told XBIZ. “This is a change from the prior method of posting a link only on the home page.”

“It requires great specificity and requires a great amount of work to comply,” Obenberger added.

Walters added that “there are several other interesting nuggets in the regulations, and the comments, such as the determination that videos embedded on Web pages from sites like YouTube.com need to be accompanied by full 2257 compliance efforts, even if the originating site may be exempt from compliance.”

“[The Free Speech Coalition] fully intends to continue with our challenge to 18 USC 2257,” FSC Executive Director Diane Duke told XBIZ. “We are in the process of reviewing the document and will send an analysis of the regulations to our members within the next couple of days.”

Additionally, the revisions state the specific kinds of identification that U.S. citizens must have in order to shoot content abroad.

A PDF document of the revisions can be viewed by clicking here.

Additional reporting by Stephen Yagielowicz

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