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Free Speech Coalition Takes a Stand to Protect Our Members and The Adult Entertainment Industry From 18 USC 2257 (Please take a look at this new bill, introduced, 3/9/06, in the House of Representatives) H.R. 4472 - "Children’s Safety and Violent Crime Reduction Act of 2005" If you are a webmaster, magazine publisher, video producer or consumer of adult entertainment, you have probably heard of 18 USC 2257. The following information will give you an introduction to the law, general compliance guidelines, and an explanation of what the Free Speech Coalition has done, and is continuing to do, to limit the adverse impact this law has on our members and the industry. Introduction
The adult entertainment industry has been in the sights of the federal government for years. The Attorney General’s Commission on Pornography (“Meese Commission”) was established at the request of President Ronald Reagan in 1985. The Commission was tasked to “determine the nature, extent, and impact on society of pornography in the United States, and to make specific recommendations to the Attorney General concerning more effective ways in which the spread of pornography could be contained, consistent with constitutional guarantees.” One recommendation that was made, and is the cause for concern for all in the adult entertainment industry, was Recommendation 37. “Congress should enact a statute requiring the producers, retailers or distributors of sexually explicit visual depictions to maintain records containing consent forms and proof of performers’ ages” This recommendation resulted in the enactment of 18 USC 2257 in 1988. Recently, the Attorney General enacted regulations about 2257 Compliance that has the adult industry up in arms, with the Free Speech Coalition leading the charge for their repeal. 2257-The Law and Compliance Following years of litigation and negotiations with the Federal Government, compliance with 18 USC 2257 has been required since 1995. As of June 23, 2005, The Record-Keeping and Record Inspection Provisions of the Child Protection Restoration and Penalties Enforcement Act of 1990 and PROTECT Act, located in the Federal Register, contain the most recent regulations for complying with 18 USC 2257. It is important to note that the failure to comply with 18 USC 2257 could result in up to 5 years in jail, civil fines, or a combination of civil and criminal penalties. Therefore, it is important to seek advice from an attorney. As a benefit of memberships, you will have access to our FSC Lawyer Referral and Information Service in order to contact an attorney who will be able to assist you. This information is intended in no way to be legal advice, and is meant solely to educate you about 18 USC 2257. The general requirements of the law are as follows:
The Free Speech Coalition, you will have access to our 18 U.S.C. § 2257 Records Keeping Compliance Form.
There are many problems that business owners face in terms of complying with this law. Privacy concerns abound relating to the public disclosure of the location of adult entertainment producers. The fact that the government can interrupt your business unannounced, to conduct compliance inspections, is also chilling. There is also nothing in the regulations that punish those who use fraudulent documents. The Free Speech Coalition has been fighting for its members to protect them from this obvious government overreaching. In keeping with our mission, the Free Speech Coalition has undertaken Lobbying and Litigation efforts to protect your rights to produce and consume adult entertainment in the face of this latest act of government overreaching. Free Speech Coalition Fights for Our Members in the Face of 2257
LOBBYING EFFORTS After the Free Speech Coalition was alerted to the proposed regulations for 18 USC 2257 in June of 2004, we took action. We submitted comments to the government expressing our concerns about the new regulations and their application to this new medium after, then Attorney General, John Ashcroft announced that 18 USC 2257 was being expanded to include the Internet. The seven main points that we addressed were: 1. The regulations should be effective from June 23, 2005, instead of July 3, 1995. 2. The definition of “producer” is unlawful and burdens too many people. 3. The record-keeping requirements are unconstitutional, unclear, and are too burdensome. 4. The record-shifting requirements for secondary producers are unconstitutionally burdensome. 5. The inspection provisions are in some respects improper and in other respects incomplete. 6. The disclosure statement requirements are confusing and, in many cases, too burdensome. 7. The proposed rule contains some minor grammatical errors and drafting problems. Even though we submitted these comments and lobbied for their consideration, the government approved the Final Regulations, as recorded in the Federal Register. The Free Speech Coalition continued fighting, though, and filed a lawsuit to have the regulations declared Unconstitutional. LITIGATION Despite the Free Speech Coalition's Lobbying efforts regarding 2257, the regulations went into effect on June 23, 2005. Understanding the devastating impact these regulations were going to have on our members and the industry, the Free Speech Coalition filed a lawsuit to have these regulations declared unenforceable and unconstitutional. In doing so, we have been able to prevent enforcement of the law against our members for the time being. It is important that you visit this site often to keep up with this lawsuit since future court decisions will have an impact on the adult entertainment industry. You can see the lawsuit, other legal documents, and articles in the media by clicking on the links below. Litigation is a very expensive endeavor. Your support is critical to our success. Whether you become a new member or make a donation to our 2257 litigation fund, we need your help. For more information, please contact The Free Speech Coalition at 1-866-FSC 9373 to speak with a membership representative about how you or your company can partner with us as we continue this fight to preserve civil liberties. Legal Documents: 2257 Order Preventing enforcement while order pending Government Request for Dismissal Judge's Preliminary Injunction Order
THE FUTURE OF 2257 The fight is still going on. The lawsuit is ongoing and the federal government is already gearing up to make the impact of 2257 even more devastating. Just look at the legislation introduced by Representative Mike Pence (R-IN) and Senator Orrin Hatch (R-UT) you can see that the fight is not over. Your support helps us to keep fighting in the courts and on Capitol Hill with our Federal lobbyists, The Raben Group. ### |
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