Canadian Adult Companies Fear 2257 Dilemma

TORONTO — While U.S. adult companies await Judge Walker D. Miller’s impending ruling on the Justice Department’s amended 2257 record-keeping regulations, Canadian companies are preparing for the worst.

Among the provisions of 2257, the regulations would force all porn producers doing business in the States to provide the names and addresses of all performers dating back to 1995.

The Free Speech Coalition, along with several other members of the adult industry, filed a motion in June to block enforcement of 2257.

Though lawyers for the FSC did win a temporary injunction against enforcement, Miller has not issued a final ruling regarding the regulations, which Canadian adult producers say is directly at odds with their country’s privacy laws, not to mention their own ethics.

In short, should the fail to get 2257 overturned, Canadian producers will face the dilemma of violating one country’s laws in order to comply with the other country’s laws.

For example, if Canadian webmasters abide by Canada’s Personal Information Protection and Electronic Documents Act, which forbids them from making public confidential information on adult performers, they could face five to 10 years in U.S. prison.

West Vancouver, British Columbia-based Sweet Productions has made it clear which side of the law it falls on. The company has petitioned the Canadian and British Columbian privacy commissioners to speak out against 2257 and bring to bear political weight on the issue. So far, the privacy commissioner has refused to take an official position on the subject.

“We want to make sure the U.S. government knows the regulations contradict statutes not only in Canada, but also in the United Kingdom and Europe,” producer Max Sweet told XBiz.

Sweet has said he will refuse to do that— and is urging other Canadian content providers to stand with him.

For West Island, Quebec-based producer Linda Aylesworth, the issue isn’t just a matter of what’s legal and illegal; it’s a matter of what’s right and wrong.

In addition to making identities of performers available to law enforcement, 2257 also would give affiliate sites access to the information. Aylesworth, who runs Naughty Niche, the parent company of www.MontrealDream.com and other adult sites, worries that stalkers could become affiliates simply to get the addresses and names of performers.

"I make a personal promise that their identities are going into a filing cabinet and won't go to anybody without a court order," Aylesworth told the Montreal Mirror. "I think it's very dangerous. A model is going to turn up dead."

While Greg Jones of Montreal-based 2much.net shares Aylesworth’s concerns, he said not doing business in the United States would have devastating financial repercussions.

"I'd say 90 percent of the market for Montreal companies is American," Jones said. "So we have to submit to their rules."

Still, Aylesworth stressed that she would rather risk extradition and prosecution under 2257 than violate that trust of performers and put them in potentially dangerous situations.

"I refuse to provide [private information] to anybody. It's just basic common sense and ethics. You don't put profits over lives. I personally have no intention of complying," she said.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Dirty Cinema Launches New Paysite 'MILFuckd'

Dirty Cinema has launched a new paysite, MILFuckd.com, on its network.

Phoenix Marie Stars in Latest From Blacked

Phoenix Marie stars with Isiah Maxwell, Hollywood Cash, and Chocolate Rod in a new airtight scene from Vixen Media Group studio imprint Blacked.

Eris Jolie Stars in Latest Release From GroobyVR

Eris Jolie stars in the latest POV release from GroobyVR.

Amirah Adara, Leya Desantis & Annalisa Atomic Blonde Star in 'Wicked Games' From MixedX

Amirah Adara, Leya Desantis and Annalisa Atomic Blonde star in the latest MixedX scene, “Wicked Games.”

Brazzers Debuts Limited Series 'MILF Spa'

Brazzers has released the first installment of its new limited series, "MILF Spa."

Casey Calvert, Victoria Voxxx Star in Latest 'Lez Be Bad'

Casey Calvert stars with Victoria Voxxx in "A Gift That Keeps on Giving," the latest episode of Adult Time series "Lez Be Bad."

BiPhoria Releases Jim Powers' 'Bi Hitchhikers 2'

Jim Powers directs the second installment of the BiPhoria series “Bi Hitchhikers.”

Ariel Demure Toplines 'TS Cheaters 6' From TransSensual

Ariel Demure headlines the sixth volume of “TS Cheaters,” from Mile High Media studio imprint TransSensual.

Braindance Unveils '6DOF' VR Tech

Interactive virtual reality platform Braindance has debuted its new Six Degrees of Freedom (6DOF) VR technology.

Kalani Luana Stars in Latest From Hookup Hotshot

Kalani Luana stars with Nade Nasty in the latest release from Hookup Hotshot (HUHS).

Show More