Expert: Jim Boyd - 3/1/2009

Question
Hi,

I'm currently in the process of putting together my first shoot for an adult website I'm creating. Reviewing title 18 2257, It says that every performer needs to provide two forms of I.D.

My question is what would qualify as the second I.D.? Does it have to be a social security card or birth certificate? Can it be a debit card with the person's picture on it?

Answer
Hi Will

You are going to be getting a lot more information than you originally asked for. I have had several people inquire about the 2257 Regulations and the issues of record keeping tonight. So, rather than type out several detailed answers, I’m going to group them all together in one large answer and simply direct the other questioners here.

We’ll call it legalities 101...

Confusion as to what is actually required by the 2257 Regulations is a very common thing. So, I would strongly advise you to see the council of an Attorney who is actually qualified to advise you on the legal issues surrounding the Adult Industry. Adult Industry Law is a very complex matter and no matter how prepared you think you may be to deal with it...you are not. Please seek out an Attorney who specializes in this particular field as it may be the only thing standing between you and some serious jail time.

First off, let’s clear up a little confusion on the legalities of the Adult Industry and give a little history on why we have to deal with these Federal Laws.

There are actually two very important Federal Regulations that apply to ALL Adult Material made available in the United State. They are:

1: United Stat Code Title 18 Part 1 Chapter 110 Sections 2256, 2257, and 2258
2: Code of Federal Regulation Title 28, Volume 1, Chapter 1, Part 75

Collectively (and somewhat misleadingly) these regulations are  referred to as the 2257 Laws by Industry people, thus creating most of the confusion for individuals not completely familiar with them. You almost always hear USC 2257, but  most people do not even know that CFR Title 28 even exists. The truth is that each regulation is directly dependant on the other and compliance to both is absolutely mandatory.

In the simplest of terms, USC Title 18 Section 2257 outlines the Legal obligation of the producer to obtain the required records, to be able to provide those records as proof of a performer’s true age/identity, and sets the legal definitions of exactly who qualifies as a producer. However, it does not g into any great detail as too what type of identifying document must be collected or many specifics on how these documents must be maintained. This is where CFR Title 28 Part 75 comes in.

CFR Title 28 Part 75 outlines exactly what types of identifying documents are acceptable, how long such records must be maintained, where the records must be kept, how the records must be organized. It also defines who would be considered as a primary/secondary producer, and sets guidelines for inspection of the records by Federal Authorities.


Nowhere in either of these legal texts does it require a producer to obtain two forms of ID to meet their legal obligations under these regulations. In fact USC Title 18 Section 2257 (b)(1) clearly states that a producer shall:

“ascertain, by examination of an identification document containing such information, the performer’s name and date of birth, and require the performer to provide such other indicia of his or her identity as may be prescribed by regulations;”.

The words “an identification document”  clearly indicate that only one such document is actually required and that the performer’s name, birth date must be  on the document. So, contrary to the popular misconception, two forms of ID are NOT required.

Now, we know we have to obtain some sort of valid “identifying document” from all our  performers BEFORE we are allowed to film them, but what exactly is acceptable form of ID? For this we have to look at CFR Title 28 which requires us to obtain for these records a “Picture Identification Card”.  CFR Title 28 Part 75.1 (b) states that:

“Picture identification card means a document issued by the United States, a State government, or a political subdivision thereof, or a United States territory, that bears the photograph, the name of the individual identified, and the date of birth of that individual, and provides specific information sufficient for the issuing authority to confirm its validity, such as a passport, Permanent Resident Card (commonly known as a “Green Card”), or employment authorization document issued by the United States, a driver's license or other form of identification issued by a State or the District of Columbia; or a foreign government-issued equivalent of any of the documents listed above when the person who is the subject of the picture identification card is a non-U.S. citizen located outside the United States at the time of original production and the producer maintaining the required records, whether a U.S. citizen or non-U.S. citizen, is located outside the United States on the original production date. The picture identification card must be valid as of the original production date.”

So to summarize...You MUST have ONE form of ID for each of the performers BEFORE you start any filming. The ID MUST be one that fits the description in CFR Title 28 Part 75.1 (b). The ID MUST be valid at the time the filming takes actually takes place.

Please keep in mind that this is all a very general description of how 2257 works and is limited ONLY to the types of ID that are acceptable under the Law. There are numerous other legal issues involved with 2257 that go far beyond the mere collection of acceptable performer IDs.

Anyone seeking legal detailed Advice on the subject of 2257 and its related provisions should really contact an Attorney who specializes in Adult Industry Law. Attorney Michael Fattorosi of Fattorosi & Associates, happens to one of the Industries best and comes highly recommended by not only me but countless others in this business.

Unfortunately, there is no one currently listed with Allexperts.com whom I feel is actually qualified to offer extensive legal advice on this or any other subject related to the actual legalities of the Adult Industry.

I hope this helps clear up some of the confusion on IDs. Now on to another questioners inquiry as to why these laws even exist.


The History of the 2257 regs is not nearly as complicated as the Laws themselves.

The primary function of these regulations is to aid in the ongoing battle to prevent child pornography and the exploitation of children and came into being due the Traci Lords scandal of the 80s.

Long story made short: Lords, who was only 15 at the time, lied about her age and started to make her mark on the Adult Industry. By the time she actually turned 18, she had already appeared in more than 100 Adult Films and even made the September 1984 issue of Penthouse Magazine. When her true age was reviled, several people involved with those productions went to jail and mere possession of her early work (including the above mentioned) became grounds for arrest on child porn charges. Even as recent as just last year, an Ohio man was arrested and charged with distributing child pornography for trying to sell a copy of Traci Lords’ fist Adult Film on e-bay.

Thanks for the questions guys....

Jim