NASAE.org- National Association For Sexual Awareness & Empowerment

The Real Answer To Title 18
The Adult Industry Needs A National Data Base

For most of the public the idea of seeing nudity seems a common fact of life; watching a nude scene in an R rated movie or seeing a nude photograph seems common place for adults.

Most adults would tell you we have come a long way in learning to accept that our bodies are not something to be ashamed of, but rather that they are beautiful works of art to be celebrated. However, based on current laws, this is sadly not true.

Lisa S. Lawless, Ph.D., C.E.O.
NASAE Founder

The Good Law-

In 1988, Title 18 United States Code Section 2257 was enacted. For most people, they have no idea what this law is or what it means.

To review, it is simply a law that states that anyone who is taking pictures or filming a nude person must have written documentation that the model is 18 years of age or older. It is a very good law and something that we certainly should have in place to protect children.

However, on June 23, 2005 the Department of Justice (DOJ) did something that violates the freedoms of Americans. They amended the law to include Secondary Producers making it impossible for someone to sell anything with nudity from pictures to better sex DVDs.

Since then the Free Speech Coalition has been fighting these revisions in court and while it would seem that common sense would dictate that they would have stopped the revisions from going into effect at all, the DOJ has held fast and in fact is moving forward with them.

With changes made to Title 18 under the Adam Walsh Child Safety and Protection Act, legislation signed into law by President George W. Bush on July 27, 2006, and the DOJ's moving forward with revisions on July 12, 2007 there will be no backing down from the DOJ enforcing it without a good fight from we the people.

As previously mentioned, anyone taking nude photos or other media must have written documentation that the model is 18 years of age or older. However, a Secondary Producer is someone who sells that material. For example, Blockbuster is a Secondary Producer as they sell movies with nudity and things that are considered lascivious (sexually explicit).

Therefore, under the revised law, Blockbuster would have to have on file a completed Title 18 form filled out by all the actors that have been in nude scenes with a photocopy of the actor's drivers license. Can you imagine Blockbuster having to have all that from Bruce Willis, Alec Baldwin, Michelle Pfeiffer, Halle Berry, Maggie Gyllenhaal and Angelina Jolie just to name a few?

How about a 7-11 store being required to have a signed document and copy of a photo ID from every single nude model in every single adult magazine such as Playboy. Think about this for a second, that means that even in the back where there have nude advertisements, they would have to have on file Title 18 information of every single model photographed. That would be hundreds of documents for each model in each magazine, in each issue of those magazines.

This is simply impossible and absolutely ridiculous to expect and the DOJ knows it, so why the revision the law?

It would seem that the DOJ is more interested in tearing down the legitimate Adult Industry rather than going after the real sex offenders. This is truly a waste of time, money and and an infringement upon privacy and the freedoms that this country affords it's citizens.

However, what is also maddening is that while the DOJ goes around the country inspecting Secondary Producers, the real pedophiles, sex offenders and other criminals are getting away with abusing children because so much time is spent going after legitimate businesses who are in no way causing harm to children.

Where is the outrage? Who is speaking out to help the children and to make a real difference in their lives? Who is stopping a legitimate, law abiding company that sells adult DVDs from educational better sex to entertainment from being fined and imprisoned for doing something that is protected by our constitution? Currently it is is all in the hands of The Free Speech Coalition and they need help from the people they represent.

There is one simple solution. A national data base would solve all of these issues. Anyone who is taking pictures or filming a nude person would simply provide the proof to a national data base plus pay a processing fee to cover the expenses. That way if there was any question as to whether a picture or film had a minor in it, the DOJ could simply refer to it.

It would keep them from having to send agents to travel all over the country using up valuable tax dollars to investigate legitimate, law abiding companies and their compliance.

It eliminates the need for secondary producers to provide documentation because the primary producer would have already provided it in the national data base.

This is the simplest, most cost effective way to approach this problem and it is ridiculous that it is not currently in place. It is time that those in the adult industry come together to self regulate.

If we were to do multiple third party data bases, there would be a great deal of competition making for a lot of variables such as- security levels, cost, length of time in business and reliability. Unless they were regulated to create a uniform compliance, there are great possibilities for dangerous inconsistencies.

As a primary producer, one might worry if the third party company selected was secure, let alone going to stay in business. Also, would they be capable of handling a real inspection and have everything in place to protect the primary producer?

Understandably, the fear of witch hunts and quick changes of laws would make a national data base owned by the government very dangerous, however, random third party companies are perhaps not the best way to go either.

The adult industry needs create their own national data base. For example, in order to become a licensed social worker you have to be certified through the National Association of Social Workers. Could we not ban together and agree to self regulate and create the National Association of 2257 Compliance?

It just seems to that we can do better with one third party rather than many. If we get larger corporations such as Hustler, Playboy and others on board it could become a reality in a relatively short time and be something to present to the Judge as a viable alternative and more realistic approach.

After all, we are not just talking about realistic time, and cost to an adult entrepreneur, we are talking about it being near impossible to achieve for many companies.

We are also talking about selective enforcement when the DOJ does not require this of Blockbuster, Amazon.com, 7-11, etc. for carrying what is legally defined as lascivious.

While the DOJ is spending so much time focusing on law abiding, legitimate companies... real child abuse is occurring by people who have no intention to comply with any of this and this wasted time and taxes on secondary producers which will have no real impact is simply unacceptable.

The adult industry must not just stand up for their own rights, but show themselves as people who are standing up for children as well. We have for too long been demonized and this is an opportunity to show that we are a rational, concerned group of adults who represent the freedoms of this country regarding sexuality while ensuring the protection of our children. We have a responsibility here to represent a new breed of adult entrepreneurs.

If it were not for The Free Speech Coalition the DOJ would have been able to have fined and arrested innocent people over the last few years and if they cannot win this fight it WILL happen.

Ask yourself why it is all right for our own government to violate our freedoms in the name of protecting them. We can be the change we wish to see in the world. Start today and join the fight for the right to defend sexual freedoms for adults.