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

Failed Film Festival Returns to LA

The Failed Film Festival is returning to Los Angeles, taking place Saturday at Media Pollution.

Jessica Ryan Stars in Elegant Angel/Adam & Eve Collab 'MILF Dreams'

Jessica Ryan stars with Danny Mountain in the new collaborative release from Elegant Angel and Adam & Eve, titled "MILF Rebound."

Sir Peter on His Stellar Journey to Gay All-Star

Sir Peter remembers his youth in Portugal as a tough time. He contended with a lot of bullying, self-hatred and a growing understanding that life is profoundly challenging. Fortunately, he was able to draw strength from his family — especially his twin brother, who offered much-needed support.

JustFor.fans Launches BlueSky Autoposting Feature

JustFor.fans has launched a new BlueSky autoposting feature that shares JFF posts on the social media platform.

Molly Little Stars in New Brazzers Release

Molly Little stars with Zane Walker in the latest release from Brazzers, titled "Backyard Fuckboy."

Pineapple Support Introduces 'Sacred Rage' Support Group for Performers, Creators

Pineapple Support will host a free online support group for performers and creators, designed for individuals struggling with intense emotions and the pain often hidden behind their anger.

Kansas Attorneys Seek Plaintiffs to Sue Adult Companies Over Age Verification

The Free Speech Coalition (FSC) has released a statement warning that a personal injury law firm in Kansas is soliciting plaintiffs to sue adult companies over the state's age verification

Angela White Stars in Latest From Brazzers

Multi-XBIZ Award-winner Angela White stars with Ken Feels in the latest release from Brazzers, titled “Stuck in the Cum Lab.”

Adult Time Debuts 2 New Gonzo Series Pilots

Adult Time has premiered the pilots for two new gonzo series, "Raunch" and "All-Sex Studio (A.S.S.)."

Sky Wonderland Makes Her Debut For Vixen

Sky Wonderland has made her Vixen debut alongside Parker Ambrose.

Show More