The Lincoln Plawg - the blog with footnotes

Politics and law from a British perspective (hence Politics LAW BloG): ''People who like this sort of thing...'' as the Great Man said

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Saturday, June 25, 2005
 

DOJ trying to regulate porn away?


A theme here is the multiplicity of indirect, collateral or otherwise sneaky ways in which the provision of abortion can be limited without infringing on Roe v Wade. (Partial birth abortion, Laci and Conner's Law, the abortion 'Mann Act' at the Federal level alone.)

It seems something of the same is being attempted when it comes to pornography (adult porn, that is). Apparently, new regulations under 18 USC 2257 (keeping of records of personal details of models used) come into force on June 23 which are unworkable [1].

If I understand the main complaint (there are many!) aright, in the past, where a site operator has used third party material, he has been able to avoid responsibility for proving the age of models used in that material. The new regs allow no such get-out.

The Free Speech Coalition - the porn industry group that got SCOTUS to declare sections of a previous child porn law unconstitutional - is apparently on the case.

Seconds out!

  1. This has links to the regs and much other useful stuff.

MORE

The FSC have a deal with the DOJ for a 30 day moratorium on enforcement of the regs until 30 days after the hearing (August 8/9) for the preliminary injunction against the regs.

The deal only covers FSC members who join before 1400 PDT on June 25.

It seems an extraordinary deal at first sight - that a private club should be able secure preferential treatment from law enforcement.

Perhaps someone should sue...


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