2257 laws, privacy, and the mass outing of porn performers: where do we go from here?

by Furry Girl

04.01.11

The mass outing of porn performers has been a big issue lately, and I wanted to post about the subject even while the story is unfolding.  (I usually like to wait a bit and see how things turn out, rather than being a blogger who "keeps up" with the day's hot topic.)  I want this discussion to be dominated by actual sex workers, not just whoever the first sex bloggers are to insert themselves into the situation for traffic.  (Disclosure: having never worked in mainstream hardcore porn, I have never been tested at Adult Industry Medical, and I am not a part of the group who have been exposed by the hacking/publishing of their database.)

It seems like this initial leak is just from AIM's database, but there's also been talk about the privacy of performer's information in 2257 databases, which the anonymous angry leaker has said they already possess and plan on publishing soon.  (2257 laws, in a nutshell, are federal laws in the United States that deal with the requirements for proving the age and identity of all performers in adult content.)

Last summer, one of the issues I brought up during my part of the privacy panel at the Desiree Alliance conference was that sex workers needed to be aware of how 2257 laws affect them.  If you work in porn (or "fetish erotica" or "art nudes" or whatever other pretentious terms some people use), you're likely subject to signing a model release and providing the photographer with two forms of ID to prove your age.  (You may also be subject to this if you're an escort/fetish worker who advertises on certain web directories, even if you're not even using "pornographic" images of yourself.)  I made a point of talking about what 2257 means for sex workers because I don't think that most folk think as much about this as they should.  You are handing over your private data to someone who might be reselling and licensing that data to anyone who wants it.

Personally, I shoot only exclusive content, which means I am not reselling a performer's information to dozens or hundreds of other people.  But, if you're just shooting for generic, non-exclusive porn photographers, you need to know that that photographer may be planning to sell your shoot to 100 people, and all 100 of those people will be getting a copy of your identifying information.  This isn't anything "underhanded," it's part of how the business works and stays in compliant with federal laws.  Anyone who is publishing your shoot wants a copy of the proof that you're over 18, and you can understand why.  Unlike a misdemeanor solicitation charge that other sex workers risk, pornographers who break laws are breaking federal laws, and risk going to prison if they fail to comply with all parts of 2257.  (So much for porn being "sex work lite" or "the legal option", eh?)

If you're a stalker who has your eye on a certain performer, you could find out any names they use (especially if they are an actual "name" in porn), and shop around until you find a content re-seller who will sell you a video shoot or photo set of them, complete with their model release and IDs.  I have no idea how well these big content malls actually police who they sell to, but I'd guess they don't do much to prevent stalkers from buying performer's private information.  Someone could experiment with this on their own, and try an undercover investigation of the number of businesses found in Google under "adult content provider," and see if they'll sell to any random nobody without even a functional porn site.  For example, here are two FAQ items on one content reseller that I'm guessing the performers didn't think about when they handed over their IDs:

Do you actually supply all the 2257 documentation?
We sure do. Together with the invoice, you get copies of IDs and model data files. Make a free purchase in the Bonuses section (yes, it’s 100% free) to see how these documents look.

Is this content on sale only here?
No. Normally, content providers put their content on sale on multiple sites. As a rule, the prices are the same from site to site.

I think that perfectly sums up how absurdly available one's images and personal information can become when they work for some pornographers.  Plus, this reseller seems to offer a free sample purchase, so you, too, can obtain the private information of a porn performer just to get a feel for their purchasing system!

During my talk at the aforementioned Desiree Alliance con, here's what I suggested to sex workers as steps they can take to try and protect their privacy while working in porn:

* As a performer, you are required to provide IDs and information in a model release for 2257 records.  This part you can't get around.

* Generic pornographers shoot content to license and resell to anyone who will buy it.  This means that any random person could potentially buy your identity for as little as a few dollars.  Your identity is for sale when you perform in non-exclusive content.

* The big issue: Your best defense against having your identity resold is to work with reputable, worker-friendly porn companies that shoot exclusive content.

* Being selective about who you work for will mean you're losing out on ways of earning income, but consider what it is that you're selling: your name, your address, and possibly your social security number.

*Use a passport as your primary form of ID - it doesn't list your home address.  Use a secondary supporting document that doesn't list an address, like a birth certificate.

* Finally: I, as a pornographer, have no way of knowing if your model release lists your real home address, or your mail drop in another state.

So, where do we go from here?  How can both sex workers and pornographers try to prevent future identity breaches, without the magical, probably-never-happening solution of "change the laws to favor privacy rights"?

Curious if you've been affected by the leaks thus far?  Check out this database created by an ally, and view the README file first.





13 Comments »

  1. I can see from searching Google cache that DMCA takedown notices have been sent to them, but they're not going to respond.

    The site is registered through GoDaddy. @The_Ned came up with the page with the complaint form:

    https://www.domainsbyproxy.com/ClaimForm.aspx?Type=3

    (One of the complaints about GoDaddy is that they are very quick to shut down sites if someone complains. Let's hope that this is the case here.)

    Comment by Viviane — April 1, 2011 @ 3:01 pm

  2. Oh, my god. I have so much to say on the subject, but... not to panic, this is the first I've heard of the story, but how widespread is this, and do those of us who have been in porn have to be nervous about this particular leak?

    Thanks for the heads up. This is some bullshit.

    Comment by Miss C — April 2, 2011 @ 10:07 am

  3. Oh okay... didn't see the leak at the bottom. Thanks.

    This is effed up. How the fuck can someone think that wrecking people's lives is a valid interpretation of "freedom of information".

    Comment by Miss C — April 2, 2011 @ 10:14 am

  4. So sorry that this happened. Here are some fairly random thoughts:

    1. Is there a way to use completely anonymous HIV testing--giving each patient a number? You can now get HIV results back in 20 minutes, on site and while you wait. "Unique identifiers" (numbers) are used in other states. Porn actors should could work with AIDS groups (APLA?) to figure out a better system that protects privacy.

    2. And while I'm talking about HIV, in an emergency everyone including sex workers should have access to morning-after HIV drugs (post-exposure prophylaxis) --4 weeks of drug treatment to reduce the chance of getting HIV. http://www.avert.org/pep-prep-hiv.htm It's better to have them in the house ahead of time.

    2. Some ideas to show support: Naked Solidarity--a Facebook page to "Like" or even to talk about non-sex workers' people's brush with doing sex work (might not work on FB b/c of the real name rule, though).

    3. Someone could start a #NakedSolidarity Twitter hashtag. Or a giant sign-on letter of support with a link distributed thru Twitter.

    ps: some of the best, fiercest AIDS activists in the world started out as sex workers, or still are.

    Comment by Kate — April 2, 2011 @ 4:05 pm

  5. While using a passport seems like a good idea almost all of producers I've worked with have required two forms of picture ID even though only one of the two forms of idea required by 2257 is required to have a picture leading me to use a state ID as well as my passport.

    Comment by K — April 2, 2011 @ 9:10 pm

  6. K: I guess it depends on the producer. (I only ask for one form of government-issued photo ID, but some producers may choose to go with more than the law requires.) That also begs the question, does the DMV have any way of knowing if the address on your state ID card is correct, or a friend's address, or a mail drop? (I'd guess that driver's license info might be linked to car insurance data somehow, but maybe not.)

    Comment by Furry Girl — April 3, 2011 @ 1:15 pm

  7. Hi there,

    Can you please email me at jack@greencandypress.com as I'd like to discuss a book we're working on with you. Thanks! I found your blog from the Coffee, Cake, and Kink e-letter. Great stuff.

    Talk soon.

    Green Candy Press
    jack@greencandypress.com

    Comment by GreenCandyPress — April 8, 2011 @ 12:06 pm

  8. Viviane: Thanks for the suggestion and link.

    Kate: the complex situation of the porn industry and testing isn't one that I see as likely to improve. The studios want to concentrate tests at AIM, I guess because it's easier for them.

    It should be noted that AIM is just as much to blame as whomever is doing the leaking, since they're the ones who were trusted with thousands of people's privacy, and did not keep that information safe. If you left your laptop in your friend's apartment, and then it was stolen because your friend keeps their windows open and door unlocked, it's not just the thief of your laptop that you would be angry at.

    One former porn industry friend of mine thinks the best solution is to sue AIM into the ground to make an example of how any future clinics need to actually protect client information, but if AIM goes bankrupt from lawsuits, I wonder what options that leaves porn performers in LA. It's a tough call.

    Comment by Furry Girl — April 8, 2011 @ 3:38 pm

  9. Well, they got my name, but no recent info. I've been away from that for a while. I'm wondering if I can do anything...

    Comment by Comixchik — May 16, 2011 @ 6:58 pm

  10. Comixchik: I don't think there's much that can be done now, but see Viviane's comment #1 above.

    Comment by Furry Girl — May 19, 2011 @ 7:29 pm

  11. While I don't necessarily think AIM does the greatest job in the world, they're better than nothing, and if they were gone who would replace them?

    What occurs to me is that someone is going to a lot of effort and possibly expense to do this, and that makes me wonder. Seems as if it's more than one nutter.

    I worked in various areas of adult entertainment for 20 years, and now I've moved on to a more mainstream job. If this should ever come up, well, then it does. I can't change the past, and really, I'm not sure I'd want to. Besides, there are probably way easier ways of a current co-worker seeing something from the past than this website.

    Comment by Comixchik — May 19, 2011 @ 8:10 pm

  12. Comixchik: It seems like Talent Testing is the new thing now that AIM is closed, as well as all those other cheap STI testing services you see advertised everywhere these days. http://talenttestingservice.com/

    Comment by Furry Girl — May 21, 2011 @ 2:21 pm

  13. Comment by Trackbacks — February 22, 2012 @ 7:47 pm

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Comment policy for Feminisnt: I do not publish blatant insults and trolling. You must use a name/handle other than anonymous or asdf because I am tired of giving space to detractors who are too lazy to pick a fake handle and too scared to use a real one. I no longer publish comments bitching at me about how feminism is the greatest thing ever. And I may not publish your comment if I have already addressed that specific issue several times already. Read my responses to other comments before asking a new question. Finally, if your comment hinges on an obvious logical fallacy, I might not publish that, either, except to make fun of you. All new commentors have their first comment held for moderation. Commenting on my blog and taking up space on my server is a privilege, not a right.

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