As someone who owns an adult web cam business, it is vital that you understand and comply with all of the laws and regulations that pertain to this complex and highly scrutinized industry. One of the key statutes is 18 U.S.C. 2257, often referred to as just “2257.” Although on the surface this law requires that you keep records verifying that anyone who performs for your company is at least 18 years old, there are additional elements to keep in mind as well.
Specifics of 18 U.S.C. 2257.
First passed in 1988, this law sets forth the record-keeping requirements that companies must follow if they produce sexually explicit content. It applies to both primary content producers and secondary ones who distribute the digital, photographic, or live materials. All adult businesses (photographers, pornographers, and magazines) must collect and store proof of age for all performers that they can produce in case of an unannounced visit or audit from federal officials.
With 2257 in place, children have more robust protection against sexual exploitation. This is because the federal government can investigate any adult-related company that falls under its jurisdiction, including cam businesses and phone sex operators. Any seller who fails to provide age verification for their employees can be prosecuted. Penalties can include up to five years in federal prison for the first infraction and 10 years for subsequent ones.
How 2257 impacts your web cam business.
You are subject to 2257 if you are a producer of a “visual depiction of an actual human being engaged in actual sexually explicit conduct.” To comply, you must accomplish the following.
- Follow specified requirements for maintaining, storing, and categorizing employee age records.
- Keep these records for five years after your business has been dissolved.
- Store information about each performer, including their legal name, any other names used, date of birth, and government-issued photo ID.
- Store data about the production, including the date of the production, any associated URL, and a copy of the production.
These records must be indexed and cross-referenced by name and have a statement attached that describes where they can be located.
Benefits of 18 U.S.C. 2257 compliance.
Adhering to this federal regulation is mandatory and should be one of your highest priorities as a business owner in the adult industry. Maintaining compliance is at least as important as gathering startup capital, writing a business plan, or learning what to look for in a high-risk payment processor.
When you strictly adhere to this important statute, you can rest assured that your cam operation is 100%legal. This is because by demonstrating that you employ no children, you can provide assurance to both regulatory officials and your valued customers that your business is fully compliant and is operating with maximum integrity.