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Old 06-20-2009   #24
Toby
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Join Date: Jul 2005
Location: Houston
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Default Re: New 2257 Compliance Guide

Quote:
Originally Posted by pornlaw View Post
I think that with third party record keepers, this incarnation of 2257 will pass Constitutional review. Again, I am not First Amendment expert, but the government has made it easier to comply. At some point the law will stand and the challenges will stop.

The FSC doesnt have the money and the big players that could challenge it will find it less costly to comply than fight. 2257 isnt going anywhere anytime soon.
I agree, I don't think 2257 is going away any time soon, but I also don't think the DOJ really wants the law tested in court either.

Free Speech and privacy aside, the whole concept that I have to prove I'm legal rather than the gov't having to prove I'm not is a very dangerous precedent.

The other major issue is that the record keeping requirements are being applied to an industry that doesn't fall within the parameters of "highly regulated". Last I checked there weren't any certifications or licenses required to be an adult webmaster.
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