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Freedom Porn:2257

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The servers of Freedom Porn reside inside the United States of America, as such the project has to contend with the existence of “Child Protection and Obscenity Enforcement Act” (aka “2257 Regulations” or just “2257”).

The law itself

2257 states that:

Any producer of any book, magazine, periodical, film, videotape, digitally- or computer-manipulated image, digital image, picture, or other matter that is produced in whole or in part with materials that have been mailed or shipped in interstate or foreign commerce, or is shipped, transported, or intended for shipment or transportation in interstate or foreign commerce, and that contains one or more visual depictions of an actual human being engaged in actual sexually explicit conduct (except lascivious exhibition of the genitals or pubic area of any person) made after July 3, 1995, or one or more visual depictions of an actual human being engaged in simulated sexually explicit conduct or in actual sexually explicit conduct limited to lascivious exhibition of the genitals or pubic area of any person made after March 18, 2009, shall, for each performer portrayed in such visual depiction, create and maintain records containing the following:
(1) The legal name and date of birth of each performer [...]
(2) Any name, other than the performer's legal name, ever used by the performer [...]

In the definition section of the law it states that:

Producer means any person, including any individual, corporation, or other organization, who is a primary producer or a secondary producer.
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. [...]
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. [...]
Sell, distribute, redistribute, and re-release refer to commercial distribution of a book, magazine, periodical, film, videotape, digitally- or computer-manipulated image, digital image, picture, or other matter that contains a visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct, but does not refer to noncommercial or educational distribution of such matter, including transfers conducted by bona fide lending libraries, museums, schools, or educational organizations.

Freedom Porn's position

Legal interpretation

Without contacting a lawyer it appears that the language of the law explicitely excludes this project from the definition of the primary producer, it also excludes this project's actions from the definition of distribution, redistribution, and re-release, which in turn implies that the project is not secondary producer either.

Political interpretation

However, should the law change, be ignored, get reinterpreted, or should a new law be passed requiring that any administrator of this project or a project as a group of people will have to provide identification of any or all submitters we intend to pursue all means at our disposal to refuse to identify, out, disclose the identity of, disclose the where-abouts of, or in any other way point to any individual involved.

Non-exclusive and non-exhaustive list of possible actions will include:

  • legal challenge — to legally block the demand for such a disclosure.
  • petitioning, demonstrating, etc. — to demand that the law is changed or interpreted in a more humane way.
  • civil disobedience — to refuse to participate in or obey an immoral law
  • moving the server — to take us outside of the jurisdiction of 2257
  • any other action that is in line with Freedom Porn:politics

See also

External links