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Secondary Producer Records Pursuant to 18 U.S.C. § 2257
(current as at 12 August 2005 - Version 5.0)

Undoubtedly we are all aware of the new 2257 record keeping requirements first published in the Federal Register on May 24 2005 and are concerned with the impacts of same on the operations of paysite owners, affiliate/sponsor programs and affiliates themselves.

U.S. Justice Department last week posted the following clarifications to the proposed statutes, remembering that such statutes are still the subject of ongoing injunctive legal action of the Free Speech Coalition on behalf of our industry. Those latest clarifications issued are:

- Domestic producers who travel outside the United States to record images of actual sexually explicit conduct may rely upon foreign government issued passports.

- The requirement that “a copy of the depiction” must be maintained applies only prospectively; that is, materials recorded prior to June 23, 2005, are not covered, and no copy of the performance need be maintained.

- The requirement that the “date of production, manufacture, publication, duplication, reproduction, or reissuance” 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 “actual sexually explicit conduct” does not include “lascivious exhibitions of the genitals;” (i.e., mere nudity).

- Websites containing no depictions of “actual sexually explicit conduct” but that provide hyperlinks to third party websites which do contain such material have no record-keeping obligations.

Please note carefully the bolded statements above. These effectively cover ALL of our affiliates, as NONE of the marketing material presented by CuriousCash is outside of those requirements.

Even remembering that, our affiliates are already covered and COMPLIANT !

ALL sites under the CuriousCash program carry, without exception, the prescribed statement - 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement - describing the details of the location and custodian of records as they pertain to the new 2257 regulations. This link statement is located on the main, join and members index pages of EVERY site, EVERY free hosted gallery, EVERY free hosted free site, EVERY free hosted model teaser page and any other marketing material where deemed required for full 2257 compliance.

This link, EXACTLY as worded above, can ALSO be used by ANY CuriousCash Affiliate on pages using our provided marketing material and directly linked to either our sites and/or our marketing material as hosted by you. It is our stated opinion that it at ALL times remains OUR responsibility to maintain such records as required for compliance.

It seems pretty clear to anyone concerned that the record keeping requirements for affiliates who link to hosted content and/or affiliates who are not paying to have the content produced are safe from the record keeping requirements under 2257.

If that were not the case, every hotel with adult channels, every public access and/or cable television channel with adult content at any time, and any newsagent, magazine, bookseller or news stand would all also be required to have and maintain copies of all the legislatively required 2257 documentation - it does not take a rocket scientist of a constitutional lawyer to work out that that’s just plain stupid :)

Let's look directly at what 2257 legislation states and how that impacts you as a CuriousCash affiliate:

(2) A secondary producer is any person who produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues a book, magazine, periodical, film, videotape, 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 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 sexually explicit conduct, including any person who enters into a contract, agreement, or conspiracy to do any of the foregoing.

You are NOT a secondary producer because you are NOT producing the content !

(3) The same person may be both a primary and a secondary producer.

(4) Producer does not include persons whose activities relating to the visual depiction of actual sexually explicit conduct are limited to the following:
(i) Photo or film processing, including digitization of previously existing visual depictions, as part of a commercial enterprise, with no other commercial interest in the sexually explicit material, printing, and video duplicators;
(ii) Mere distribution;
(iii) Any activity, other than those activities identified in paragraphs (c) (1) and (2) of this section, that does not involve the hiring, contracting for, managing, or otherwise arranging for the participation of the depicted performers;

As stated above, you are NOT a secondary producer of our content, you are simply and AFFILIATE linking/using our hosted content and marketing materials for which WE have 100% responsibility for associated record keeping !

In short:
If you are only distributing someone else’s content, AND/OR designed a website or websites with someone else's content for the specific purpose of promoting their website/s as an afiliate, you are safe from the extensive record keeping.

Our current 2257 statement for surfers is readily provided on ALL marketing material and on ALL front pages, join pages AND members areas for ALL sites and should be used by ANY affiliate using marketing material that we have provided on their own hosting. The statement is linked to, and can be viewed at: http://www.curiouscash.com/2257.html

> BACKGROUND

> STATEMENT BY CURIOUSCASH

> CAN YOU COMPLY WITH 2257 AS A CURIOUSCASH AFFILIATE ? ITS EASY !!

> SPECIFIC CURIOUSCASH AFFILIATE 2257 COMPLIANCE FAQ

BACKGROUND

Everyone by now is undoubtedly aware of the proposed new 2257 regulations, that until the granting of the recent injunction, were due to take effect on 23 June 2005.

Over the last couple of months, CuriousCash have been diligently working with our lawyers to make sure your interests are protected under the new 2257 provisions, and that all angles of these new rules have been analyzed to ensure you can still pay your bills as a CuriousCash affiliate.

We continue to work with our dedicated team of expert legal counsel across the globe to ensure that our approach is consistent with the changing environment within which we all make our living.

In answer to the many questions we have received regarding the new 2257 regulations and how they may, or may not, affect you as an affiliate, here is an update based on the information we have to date and our actions in respect to that information as at this date.

STATEMENT BY CURIOUSCASH

Following is our statement regarding USC code 2257. Please understand that all information in this document is the opinion of CuriousCash and is based on OUR obligations under USC code 2257. It is your responsibility to obtain your own independent legal advice with regard to your obligations under USC code 2257and to satisfy yourself of your obligations.

The new 2257 regulations are of great concern to CuriousCash - even though CuriousCash is based in Singapore and our content is almost exclusively produced by us in Australia, so our sites are not directly affected, because we operate in total compliance with the laws in force in both of those jurisdictions.

Many of our affiliates on the other hand, using our provided content to promote our sites, may feel that they have certain obligations, and again, we urge and encourage you to seek your own advice as may be pertinent to your own unique set of circumstances.

It is our opinion that despite General Gonzalez’ efforts at reviving the concept of “secondary producers” in the most recent version of regulations in support of 18 U.S.C. § 2257, the concept is not supported by the statute itself. The only case addressing the issue, Sundance Assocs. Inc. vs.. Reno, 139 F.3d 804, 807 (10th Cir.1998), held that the “secondary producer” requirements of the regulations to be unconstitutional. We could choose to solely rely on that holding, and further decline to violate the privacy of the performing artists by disseminating private data when not required to do so by law, but have chosen instead to seek the high ground and move towards appropriate compliance levels.

Our concern centers solely on an very important part of our business - you, our valued affiliate. Therefore we are doing our utmost to comply as completely as is possible, while maintaining compliance with the laws of the countries in which our business is centered. It must be remembered that one of the cornerstones of the application of international law is that the laws of one country cannot force one to breach the laws of another country in which they

You would be aware that, even though we have openly questioned the motives of an alleged industry wide protective body in closing membership for the purposes of this fight with 2257 legislators, we fully support the principle of the Free Speech Coalition's (FSC) court application, which has resulted in a temporary restraining order on the new 2257 regulations (more at http://www.freespeechcoalition.com/2257info.htm). It is our understanding that If anyone NOT a member of the FSC is pulled up whilst the restraint is in place, they can legally rest as a defense on the outcome of that FSC case before their own becomes relevant.

Like you, we are awaiting the final outcome of this legal ruling, although whatever that ruling may be, we plan on being fully compliant within the scope of our corporate obligations and the most appropriate application of our obligations to our affiliates.

It should also be remember that the stated purpose of the new 2257 regulations is the prevention of Child Pornography. The key industry body involved in the tracking, reporting and prevention of Child Pornography and Abuse, the Association of Sites Advocating Child Protection (ASACP) have themselves stated unequivocally that the new statutes "will do nothing to stop child pornography (more at http://asacp.org/press/pr062405.html). One of the fundamental precepts of statute law, no matter WHAT country from which they may evolve, is expressed as the "Golden Rule" - what exactly were the legislators seeking to prevent in framing such legislation. On that basis alone the application of the new 2257 regulations could be deemed legally flawed.

It is our opinion that it remains SOLELY our responsibility to obtain, record and maintain ALL of the necessary identification, age verification and model release documentation for ALL of the content we have in our members areas and that we provide affiliates for marketing purposes, and to have those records accessible upon proper and legally justified request to the appropriate authorities.

CAN YOU COMPLY WITH 2257 AS A CURIOUSCASH AFFILIATE ? ITS EASY !!

We have been working with our Lawyers on the basis that is was of CRITICAL importance that BOTH US affiliates and non-US affiliates had CHOICES, and that everybody that wants to be, can be 2257 compliant to a level that suits their own individual set of circumstances.

CuriousCash have always provided webmasters with non sexually explicit free content. Anybody is welcome to use it to promote our sites. We understand that some people only want to advertise with softcore content, so this has always been part of our solution for affiliates.

Non sexually explicit to us means no:
A. Sexual intercourse, including genital-genital, oral-genital, or oral-anal;
B. Masturbation;
C. Sadistic or masochistic abuse; or
D. Lascivious exhibition of the genitals or pubic area of any person.

All our current hosted model teaser pages (over 2000 and growing) are automatically compliant by definition as they are softcore by nature and provide probably the easiest way for you to deal with the new 2257 laws if 100% total compliance to the current proposals is the best path for you to follow.

So long as free hosted free sites and galleries in the CuriousCash program are served from our domains on servers and therefore which operate as independent websites, if you simply link to either our free hosted galleries, model teaser pages or free hosted free sites, you are not, in our opinion, a Secondary Producer of that content according to 2257.

Using our sites as exit consoles or pop-ups of any description also then fall in under those provisions and are fine for you to use in our opinion.

In the main, ALL CuriousCash promotional tools which are both sexually explicit and non sexually explicit is provided on our domains on our servers as independent websites from ANY that you may operate.

So basically, it is our opinion that you can use ANY material that is hosted (served) by CuriousCash. If the URL is owned by us, then the material on that page is OUR responsibility, NOT yours. The easiest test is to look at the address bar at the top of the page - if it is our domain (any that is not on one of your domains), it is not your responsibility for maintaining records for material on that page. If the URL belongs to you, the affiliate, then it is YOUR responsibility for material on that page. Keep in mind that as always, you should only give access to sexually explicit material to age-verified surfers and that you should probably not draw our hosted material into your site using framesets or the like to remain fully compliant yourself.

We also have always provided hardcore content as defined by the above definition. We ONLY use content that we have FULL documentation for and which is FULLY compliant with the 2257 regulations. In the event of ANY affiliate being questioned for 2257 compliance by any relevant authorities, we will remain fully accessible to those authorities and the affiliate in question. Remember that it is our opinion that it remains SOLELY our responsibility to obtain, record and maintain ALL of the necessary identification, age verification and model release documentation for ALL of the content we have in our members areas and that we provide affiliates for marketing purposes, and to have those records accessible upon proper and legally justified request to the appropriate authorities.

Regarding banners, we have always and will continue to make non sexually explicit banners for our affiliates that prefer to advertise with softcore content. We have an ever-growing range of banners and advertisements that are not sexually explicit. For now our hardcore banners will also remain, and you are welcome to use them at your OWN DISCRETION. Should you feel the need to swap out your hardcore banners at this time you will find suitable softcore banners in our banner section.

SPECIFIC CURIOUSCASH AFFILIATE 2257 COMPLIANCE FAQ

In answer to the many questions we have received regarding the new 2257 regulations and how they may, or may not, affect you as a U.S. affiliate, we have prepared the following FAQ for your benefit. We have worked with numerous legal professionals within the industry to help clarify the implications of these new regulations. Do not hesitate to contact us should you have any further questions.

1. Does CuriousCash need to be compliant with the new 2257 regulations ?

Although CuriousCash is a Singaporean company using content generally produced in Australia and which operates in total compliance of the relevant laws of both countries, we intend to be fully compliant as is appropriate, because we wish to increase the level of comfort of our US based affiliates and give both US and non-US affiliates CHOICES as to their own level of compliance. We always have, and will continue, maintain full and complete records of ALL of our content at our principle place of business, in accordance with the new 2257 regulation's specifications, and in accordance with the laws of the countries from where we operate and where we produce content.

2. Where will CuriousCash contain the required link statement describing the location of the books and records related to 2257 ?

ALL sites under the CuriousCash program will carry, without exception, the prescribed statement - 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement - describing the details of the location and custodian of records as they pertain to the new 2257 regulations. This link statement will be on the main, join and members index pages of EVERY site, EVERY free hosted gallery, EVERY free hosted free site, EVERY free hosted model teaser page and any other material where deemed required.

This link, EXACTLY as worded above, can ALSO be used by ANY CuriousCash Affiliate on pages using our provided marketing material and directly linked to either our sites and/or our marketing material as hosted by you. It remains OUR responsibility to maintain such records as required for compliance.

3. Does an Affiliate sending traffic to CuriousCash have to maintain 2257 records for the content contained in the sites in the CuriousCash network ?

No. The new 2257 regulations ONLY apply to sexually explicit images and videos that reside on the affiliate's server. If you have been using sexually explicit images that was NOT provided directly by CuriousCash to drive traffic to CuriousCash sites for which you do not have the necessary 2257 documentation, you should replace these images immediately. Always keep in mind that as always, you should only give access to sexually explicit material to age-verified surfers.

4. What is considered a sexually explicit image according to US law ?

The law clearly states that the new 2257 regulations only apply to visual depictions of actual sexually explicit conduct, which is defined by the law as:
a. Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
b. Bestiality;
c. Masturbation; or
d. Sadistic or masochistic abuse.

5. Can I use sexually explicit images that reside on my server to promote CuriousCash sites ?

ANY affiliate using marketing material that we have provided on their own hosting, MUST use our current 2257 statement, without exception, and the full statement (http://www.curiouscash.com/2257.html) MUST be DIRECTLY linked from the prescribed statement - 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement - on EVERY PAGE on your domain and hosting which uses content provided by CuriousCash.

This link, EXACTLY as worded and linked above, can be used by ANY CuriousCash Affiliate on ALL pages using our provided marketing material and. It remains our advised and stated opinion that it at ALL times remains OUR responsibility to maintain such records as required for compliance.

If you use content from elsewhere on your domain and hosting to promote CuriousCash sites, you will have to comply as best suits your own individual situation, and we recommend you seek expert advice to ensure you take an approach that is commensurate with your own situation.

6. What promotional tools can I use to promote CuriousCash and still comply with the new 2257 regulations ?

All our current hosted model teaser pages (over 2000 and growing) are automatically compliant by definition as they are softcore by nature and provide probably the easiest way for you to deal with the new 2257 laws if 100% total compliance to the current proposals is the best path for you to follow.

So long as free hosted free sites and galleries in the CuriousCash program are served from our domains on servers and therefore which operate as independent websites, if you simply link to either our free hosted galleries, model teaser pages or free hosted free sites, you are not, in our opinion, a Secondary Producer of that content according to 2257.

Using our sites as exit consoles or pop-ups of any description also then fall in under those provisions and are fine for you to use in our opinion.

In the main, ALL CuriousCash promotional tools which are both sexually explicit and non sexually explicit is provided on our domains on our servers as independent websites from ANY that you may operate.

So basically, it is our opinion that you can use ANY material that is hosted (served) by CuriousCash. If the URL is owned by us, then the material on that page is OUR responsibility, NOT yours. The easiest test is to look at the address bar at the top of the page - if it is our domain (any that is not on one of your domains), it is not your responsibility for maintaining records for material on that page. If the URL belongs to you, the affiliate, then it is YOUR responsibility for material on that page. Keep in mind that as always, you should only give access to sexually explicit material to age-verified surfers and that you should probably not draw our hosted material into your site using framesets or the like to remain fully compliant yourself.

We also have always provided hardcore content as defined by the above definition. We ONLY use content that we have FULL documentation for and which is FULLY compliant with the 2257 regulations. In the event of ANY affiliate being questioned for 2257 compliance by any relevant authorities, we will remain fully accessible to those authorities and the affiliate in question. Remember that it is our opinion that it remains SOLELY our responsibility to obtain, record and maintain ALL of the necessary identification, age verification and model release documentation for ALL of the content we have in our members areas and that we provide affiliates for marketing purposes, and to have those records accessible upon proper and legally justified request to the appropriate authorities.

Regarding banners, we have always and will continue to make non sexually explicit banners for our affiliates that prefer to advertise with softcore content. We have an ever-growing range of banners and advertisements that are not sexually explicit. For now our hardcore banners will also remain, and you are welcome to use them at your OWN DISCRETION. Should you feel the need to swap out your hardcore banners at this time you will find suitable softcore banners in our banner section.

7. What about promotional tools that CuriousCash serves but I use in a frame on my URL ?

If CuriousCash serve it, then we are responsible for complying with the regulations. However this is a judgment call that you must decide. If the promotional tool is in a pop up and the URL is clearly a CuriousCash owned and/or controlled URL, this creates a very transparent statement of ownership to us, which means the responsibility for compliance remains firmly with the site owner- US.

8. What do I have to do if I am an affiliate who resides outside the United States ?

The CuriousCash approach to the 2257 dilemma has been to ensure that ALL affiliates, REGARDLESS of where they reside and/or domicile their business have CHOICES in respect to their own levels of compliance that suit their OWN individual circumstances.

Non-USA affiliates are not bound by US law - US legal jurisdiction does NOT extend beyond the borders of the USA and US held territories. You may continue to put up new hardcore material on your sites that is hosted by you. Keep in mind that as always, you should only give access to sexually explicit material to age-verified surfers. You must also have permission to post material for which you do not hold the rights to.

9. Will CuriousCash continue to support its affiliate programs ands the affiliates sending CuriousCash traffic ?

ABSOLUTELY ! Our commitment to providing full support and useful, high quality marketing tools to our affiliates remains unchanged. Our key stated objectives are unwavering - to support our affiliates with the best sites, programs and resources available and to continue to provide the highest quality, exclusive, fresh and original adult entertainment that surfers demand.

We will ALWAYS remain available to advise and support our affiliates. Contact us anytime by emailing Webmaster@CuriousCash.com

10. Where can I find more general information and current updates on the 2257 regulations ?

For further information and current updates on the new 2257 regulations, please visit http://www.freespeechcoalition.com/2257info.htm.


12. What if my question is not answered here ?

Simple - shoot an email at Webmaster@CuriousCash.com and he will provide a speedy response.

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