HERE’S THE SITE LINK 2257Safe.com
NL-I found out about this new program to handle 2257 reqs for you and it sounds like a really good deal. I’m glad I don’t have to worry about this stuff personally. But if I did have explicit images I would definitely sign up and let someone else worry about it. I was surprised at the fact that the price for the service starts so low, $10 a month. It sounded like such a great idea to me that I signed up as an affiliate. If you are using the service I’d love to hear what you think of it. Check out the site for all the details.
2257safe.com is run by attorney Michael Fattorosi and Marketeer Kevin Blatt, two well known names in the industry. I found their bios quite interesting. There are also a bunch of FAQ’s on then site that are helpful whether you are looking to use their service or just to educate yourself. Here are a couple…
Who is required to maintain records?
Both primary and secondary producers of covered materials. A primary producer “is any person who actually films, videotapes, photographs, or creates a digitally- or computer-manipulated image, a digital image, or a picture of, or who digitizes an image of, a visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct.” 28 C.F.R. § 75.1(c)(1). A secondary producer “is any person who produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues a book, magazine, periodical, film, videotape, or 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 or simulated 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 or simulated sexually explicit conduct, including any person who enters into a contract, agreement, or conspiracy to do any of the foregoing.” 28 C.F.R. § 75.1(c)(2).
What is “lascivious exhibition of the genitals or pubic area”?
The regulation does not define the term “lascivious exhibition of the genitals or pubic area,” but the Department of Justice will rely on precedent from child pornography prosecutions for 18 U.S.C. § 2257 investigations and prosecutions involving such depictions. In that context, judicial precedent indicates that a depiction can constitute lascivious exhibition if, among other things: (1) the focal point is on the subject’s genitalia or pubic area; (2) the setting of the visual depiction is sexually suggestive, i.e., in a place or pose generally associated with sexual activity; (3) the visual depiction suggests sexual coyness or a willingness to engage in sexual activity; or (4) the visual depiction is intended or designed to elicit a sexual response in the viewer. For more detail, see 73 Fed. Reg. at 77433 and 77440-41.
