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Old 07-31-2007, 11:03 AM  
markkernes
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Join Date: Dec 2002
Location: L.A.
Posts: 12
Re: Extremely Important 2257 Matter

Quote:
Originally Posted by Lenny2 View Post
Unlike the 1st time, the DOJ is not overstepping it's bounds by trying to rewrite the statute, this time they are merely enforcing the statute based on congressional intent.

IMO the best we can hope for with our comments is to make the cross referencing and other such requirements less burdensome.
FSC's future lawsuit will be against 18 U.S.C. §2257 itself, since the Adam Walsh Act changes have been incorporated into that law. The lawsuit will attempt to get rid of the entire recordkeeping and labeling law, or at least the criminal penalties attendant thereto, in part because it creates an unconstitutional shifting of the burden of proof onto the (prospective) defendants, who must prove that their performers are not minors.

Mark Kernes
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