From avnonline’s article there is a link to the letter from DOJ litigator Samuel C. Kaplan detailing “the official position of the Attorney General.”
Once again, I am not a lawyer. So my legal advice is probably on par with an attorney’s advice on search engine spamming (or a white hat’s advice on SEO).
However, the letter states:
- Domestic producers who travel outside the United States to record images of sexually explicit conduct may rely on foreign government issued passports.
- The requirement that a “copy of the depiction” must be maintained does not apply to materials recorded prior to June 23, 2005.
- The requirement that the “date of production, manufacture, publication, duplication, reproduction, or re-issuance” be identified on the label is satisfied by stating the last date of filming, and characterizing that as the date of production.
- Material produced before June 23, 2005, that was compliant with the old regulations may continue to be marketed without fear of prosecution under the new regulations.
- The term “actually sexually explicit conduct” does not include “lascivious exhibition of the genitals” (i.e., mere nudity).
- A website containing no depictions of “actually sexually explicit conduct” that provides Hyperlinks to a third-party website that does contain such material has no record-keeping obligations.
This is a huge relief for TGP (thumbnail gallery posts) creators. It now appears that you can use nude images and video to promote sexually explicit material as long as you link to the custodian of records: normally the affiliate program.
Adult Webmasters who cannot maintain records (most of us) still don’t want to show actual or simulated intercourse - even if it’s blurred or cropped out. However now compliant image libraries from affiliate programs can include nudity and lascivious exhibition of the genitals. At least this is the position of the Attorney General.
Keep in mind, however, that the Attorney General’s Official opinion is not binding; only judges interpretations of the law are.
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