[pornlaw]

Many of the plaintiffs are individual producers who work out of their homes, and the labeling requirement not only invades their privacy but also allows duly authorized federal representatives to inspect the records without notice or warrant and to seize even unrelated material under the auspices of plain-sight suspicion. Warrantless searches are bad enough, Murray said, but that federal agents can enter an individual’s home and seize materials on a whim is a clear-cut violation of the founding fathers’ intent to safeguard the sanctity of private residences.

In addition, individual artists, photographers, journalists and performers are hampered in their pursuit of employment by the regulations’ requirement that they make themselves and their records available for inspection at least 20 hours per week. Murray said some plaintiffs must travel extensively for work, and the 20-hour requirement forces them to choose between a job and federal law. Some have curtailed allowed professional speech because taking a job would mean they would not be available for the requisite 20 hours.

If this is the heart of their argument, they already lost. When the regs were amended to allow third party record keepers, all these arguments went out the window. I am sure this challenge was anticipated. I dont see this going anywhere. How do you get around the fact that with third party record keeping no one has to list their name or their address nor do thay have to open their homes to an inspection ? Further, the 20 hour requirement is also gone with third party record keepers.

I dont see this being the challenge they think it is.