Do 18 U.S. Section 2577 record-keeping requirements apply to users of professional webcam sites?

T

teraformman

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Jurisdiction
New York
Hello. I haven't started using these sites yet but have been curious. The site in question allows its users to record private sessions with performers but my question is, if I go ahead and actually record a performer will I have to follow the same rules detailed in Section 2577? The site itself already has a disclaimer stating all its models are 18+ but if I create my own copy of a performance, wouldn't that make me a "producer" (as defined in section 2577)? And as a result, would I not also be responsible for maintaining my own official records? I'm confused about how this law applies in situations like this since I have no intent/authority to sell/distribute such a recording if I even decide to sign up for this site.
 
Thanks for the link. My take:

1 - I don't see you as a "producer" if you are just recording somebody's online performance. (I assume that you aren't physically participating in that performance. :))

2 - Note that (a) has two elements with the word "and" between them which means that both elements have to exist for a violation to occur. So even if you can remotely be considered a "producer" there is no requirement for the record keeping if the production is not "intended for shipment or transportation in interstate or foreign commerce."

There are probably record keeping requirements for that kind of production under your state laws but I don't see them applying to you for just recording somebody's online performance if you aren't going to distribute that recording.
 
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Thanks for the link. My take:

1 - I don't see you as a "producer" if you are just recording somebody's online performance. (I assume that you aren't physically participating in that performance. :))

2 - Note that (a)(1) has two elements with the word "and" between them which means that both elements have to exist for a violation to occur. So even if you can remotely be considered a "producer" there is no requirement for the record keeping if the production is not "intended for shipment or transportation in interstate or foreign commerce."

There are probably record keeping requirements for that kind of production under your state laws but I don't see them applying to you for just recording somebody's online performance if you aren't going to distribute that recording.

ah that "and" escaped me. thanks that really clarified things. but what about that first part "is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce." Would that apply to me? Not sure what they mean by "materials."
 
Hello. I haven't started using these sites yet but have been curious. The site in question allows its users to record private sessions with performers but my question is, if I go ahead and actually record a performer will I have to follow the same rules detailed in Section 2577? The site itself already has a disclaimer stating all its models are 18+ but if I create my own copy of a performance, wouldn't that make me a "producer" (as defined in section 2577)? And as a result, would I not also be responsible for maintaining my own official records? I'm confused about how this law applies in situations like this since I have no intent/authority to sell/distribute such a recording if I even decide to sign up for this site.

Dude, I have no idea what happens in the sleazy world of porn.

Those who "porn for pay" might want a cut of the loot you get from those desperate to view home cooked porn.

Hopefully you don't get scammed by some of your home brewed porn of 14 year old pornettes.

Many eyes, other than porn consumers watch that world, mate.
Some of those eyes even run porn pantries.
 
Dude, I have no idea what happens in the sleazy world of porn.

Those who "porn for pay" might want a cut of the loot you get from those desperate to to view home cooked porn.

Hopefully you don't get scammed by some of your home brewed porn of 14 year old pornettes.

Many eyes, other than porn consumers watch that world, mate.
Some of those eyes even run porn pantries.

1. It's a verified website with adult performers who have submitted legal id and blood work.
2. Your comment was unhelpful.
 
what about that first part "is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce." Would that apply to me? Not sure what they mean by "materials."

I think it doesn't since you are not receiving the "performance" by mail or shipping from another state or country.

But I think it wouldn't matter if you did (even stretching the "delivery" by internet as qualifying as "shipping") since (2) didn't happen and the law requires (1) AND (2) for there to be a violation.

My own instinct is telling me not to sign up

That's up to you but I don't think you run any more risk than you would run downloading porn videos from the internet.

Personally, I think you'd be better served by getting a girlfriend to fool around with. ;)

if a moderator likes they can close this thread

Not necessary. I'll leave it open for further discussion if you need any.
 
I think it doesn't since you are not receiving the "performance" by mail or shipping from another state or country.

But I think it wouldn't matter if you did (even stretching the "delivery" by internet as qualifying as "shipping") since (2) didn't happen and the law requires (1) AND (2) for there to be a violation.



That's up to you but I don't think you run any more risk than you would run downloading porn videos from the internet.

Personally, I think you'd be better served by getting a girlfriend to fool around with. ;)



Not necessary. I'll leave it open for further discussion if you need any.

Cool, thanks for the help. Oh and when I said "that first part" I meant the first part of point (2). Sorry if that was confusing. That being said (1) could definitely apply in my case I think but (2) has two clauses and only the first one dealing with "materials" seems plausible in terms of applying to me. But I got carried away before, abstinence is always a good route to go haha.
 
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