07-30-2007, 10:42 PM
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I'm Lenny2 Bitch
Join Date: Mar 2001
Location: On top of my soapbox
Posts: 13,449
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Quote:
Originally Posted by Juilan
Can that be enforced by law? I mean isn't this regulation EX POST FACTO (after the fact) which is expressly prohibited by the United States Constitution...
Article 1, Section 9, United States Constitution says "No Bill of Attainder or ex post facto Law shall be passed."
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From the new regulations.
In accordance with current law, the
proposed rule retains July 3, 1995, as
the effective date of the rule?s
requirements for secondary producers.
(The current regulations, published in
2005, adopted July 3, 1995, as the
effective date of enforcement of section
2257 based on the Court?s order in
American Library Association v. Reno,
No. 91?0394 (SS) (D.D.C. July 28,
1995)). The one exception is that the
proposed rule would not penalize
secondary producers for failing to
maintain required records in connection
with those acts of production that
occurred prior to the effective date of
the Act. While the law would permit the
Department to apply the statute and
regulations to actions that occurred
prior to that date, the Department has
determined that the rule shall not apply
in such circumstances to avoid any
conceivable ex post facto concern. |
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