Obviously, if you’re a child pornographer there is no hope for you.
That being said, many of you are probably not aware of what exactly happens to cause Federal Agents to come knocking on your door in a not-so-Three’s-Company kind of way.
A little searching on the FBI’s website gives a quick look-see into how they pick and inspect producers’ records:
The FBI’s 2257 program is responsible for conducting inspections at pornography producers’ places of business to ensure their compliance with 18 USC ยง2257 and Title 28, Code of Federal Regulations Section 75. FBI field personnel responsible for conducting inspections currently includes two field supervisory special agents, five retired special agents who work on contract, and one part-time support services technician.
Pre-Inspection
1. A producer is randomly selected using a computer program containing a database of producers of sexually explicit material. The producers who are subject to inspection are randomly selected from a database using a random number generator algorithm.
2. A sample of sexually explicit material by that producer is obtained.
3. Each product is then reviewed by a contract inspector. The review includes determination of 2257 labeling compliance, creation of screen captures of each performer depicted, and completion of a spreadsheet of all performers by stage name or description.
Inspection
1. On-site inspections at the producer’s listed place of business are conducted without advance notice to the producer as designated by the regulations.
2. Upon arrival, the lead inspector will identify himself, display FBI credentials, and explain the purpose and the scope of the inspection. The inspection is limited to the 2257 records pertaining to the reviewed materials. A spreadsheet indicating the materials reviewed and the performers appearing in those materials is provided to the producer and/or custodian of records.
3. Photographs are taken of the exterior of the business, the location of the 2257 records storage, and the location where the records are examined.
4. Pertinent 2257 records are reviewed and copied. The accuracy of the cross-referencing system for the reviewed material is examined.
5. Inspectors complete inspection checklists regarding 2257 compliance. Inspectors compare screen captures taken from the reviewed material with the photo identification on file. Inspectors complete the initial spreadsheet to include performers’ true names and dates of birth.
6. If any 2257 violations are found, an informal preliminary report is prepared by the lead inspector. The contents of the report are discussed with the producer/custodian of records, and a copy is left at the premises. The producer is given the opportunity (approximately one week) to resolve any 2257 violations prior to the submission of the final inspection report to the Department of Justice.
So I hope this helps understand a little of what goes on during these 2257 inspections. If you’ve done your paperwork right, this should be a fairly straightforward process, and relatively painfree. Bonus points if you have your paperwork in order, and your Investigators are cute (LOL!).
My only question is this, though…how does the FBI collect the information on the producers in the first place, to put them into the random number generator/victim picker? I understand larger production studios, but what about smaller companies and solo girls? Will research that one and get back to you…
Addendum:
I was scratching my head about the whole “random number generator” and how the FBI picks which producers to inspect. I mean, I know they’re the FBI and all, but how do they KNOW that someone’s shooting porn in their house? With Big Brother concerns a la “1984″, I contacted an adult-biz lawyer…
| Subject | Random 2257 Inspections |
| Question | If the 2257 inspectees are selected using a random number generator, how does the FBI initially compile the information to put into their system?
Are larger production companies just always going to be more likely to be picked just based on the fact that their info is “in the system”, rather than a small residential “studio”? |
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| Answer | No, larger companies are supposedly NOT more susceptible to an inspection as part of the random selection.
My understanding is that the FBI uses a proprietary system to catalog and categorize the businesses in their database. |
| Daniel A. Pepper, Esq. Pepper Law Group, LLC |
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Great. That didn’t answer ANY of my questions.
“Proprietary” is like KFC’s “secret 11 spices” – when they did an analysis, all scientists found was flour, salt, and pepper. To me, “proprietary” is the same as “we don’t want to tell you that it’s actually as simple as you think it is — that is, we don’t really do anything special”.
Will ask a few more adult-industry attorneys and see if I get a better answer. When I do, I’ll post it here 
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Great article. I wonder if someone can simply submit a Freedom of Information Act request that asks the FBI to send them a list of the porn producers in their database? I mean, why would this be classified?
Nice article.
I ahve a question of my own. I’m starting an adult joke/art site, that will include some hardcore stuff, but we’re not producing any real porn (meaning we will not hire any real models), but I understand due to the 2257 act, we can’t disply ANY pics of sex acts without 2257 record keeping because we’re considered a 2nd party producers, and that sucks balls cause it hurts us little guys. I recently aquired a partnership through affiliation with a big name adult site network, but 80% of their banners they want me to post ahve sex acts in them, what’s the point if I can’t post them on my hosted server? They said I could use their 2257 link on my site (it would link back to their disclaimer on their site), but is that legal, and most of all will that wave me off any and all 2257 liability? I can’t seem to find any free advice to get this question answered, anyone know 100% sure this is OK to do???
THANKS
VanillaBeast – we chatted a bit about this via email, but wanted to post the results here for anyone else who might be interested…asked a couple of lawyers, and the general consensus is that you would be considered a secondary producer – so you would have to have the 2257 Compliance Statement on your site in relation to the banners. Sex is sex is sex – so whether it’s in a banner or on an actual video, if people are having it on your site, you need to have the Compliance Statement.
Thanks Kelly,
We did chat via email, and you were very helpful. I sent a few emails to the networks that I’m affiliated to, and they all said it was OK for me to use their 2257 link at the bottom of my page, which is cool. A draw back to this is, what if I have multiple banners from different Newtworks on the same page, do I have to give a description to each 2257 link to which banner it goes to? I think that’s stupid, so I’m just going to use banners from the same Network per page, to remove any confusion to the 2257 link and where it goes. I’m really surprised lots of other people hadn’t already brought this question up everywhere, I guess they’re not as concerened about not going to jail as I am, lol. Thanks again for your help Kelly, you’re awesome
Finally, a good site that isn’t in my face trying to constantly sell me something. Thanks, please keep up the good work.