While the rules have not been officially published, I can tell you that the US DOJ is doing an end run trying to stop the porn industry in it’s tracks. Basically, they are attempting to make it impossible to maintain and operate a porn business legally.
The question comes down to rules under USC 18 section 2257. This law (wisely, I should point out) requires that the primary producer of adult content (whoever made the pictures or whoever bought all the rights to that content) much have model releases and proof of age (ID copies) for any model that they have on their sites, in their movies, etc. This has been a law now since I think 1992. (read law here)
I am a full and complete supporter of this law! Child porn, underage models, and content used without permission is a crime, and those people should be shot. I think it is absolutely the best thing for everyone… keep it legal, keep it good, right?
Using a form of “adminstrative clarification”, the doj is attempting to modify the law to force all secondard producers (such as myself) to keep records for each image I use on a website. Those records would have to be cross referenced, including all other appearances of that model, her real name, any names she has used on other websites, and generally track her forever. Basically, for a single 15 image gallery, I would be required to keep on file up to 45 pieces of paper (model release, model ID, and model info). That is basically a file folder full for each page. Plus I would have to have that for each of the banners, graphical items, and design items on the page.
Now, if I operate 1000 galleries (not unusual number in online porn) I would have 1000 such folders. I did the math the other day, it would require me to have 1 full file drawer for about every 50 sites. That would mean I would need 20 file drawers just for REPEATED RECORDS.
Worst part? This doesn’t do a single thing to stop child porn. All it does is make it harder to operate an adult business – for some people, it will be impossible and you the viewer will lose access to many sites as a result.
On top of this, all file sharing systems that share adult material will be at risk. Newsgroups, chat boards, and just about any other image oriented site will have no chance to be compliant, which could lead to many sites being shut down.
It is the same trick as using zoning laws to control strip clubs and adult bookstores, not making it illegal to operate a business but making it damn near impossible to do so. It is a restriction of free speech that you should not tolerate!
Do yourself a favor. Support Free Speech Coalition– they are fighting for your right to enjoy adult entertainment.