2257 Delayed again - *woot woot*

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  • Snake Doctor
    I'm Lenny2 Bitch
    • Mar 2001
    • 13449

    #1

    2257 Delayed again - *woot woot*

    In his first act as President, Obama approved a memo by White House Chief of Staff Rahm Emanuel which orders all federal agencies to freeze former President Bush's pending regulations until the new administration has a change to review them.
    http://rawstory.com/news/2008/Presid...ding_0120.html
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  • baddog
    So Fucking Banned
    • Apr 2001
    • 107089

    #2
    While I understand the need for review, I would not really be getting my hopes up too high. Besides, if the revisions are not accepted, wouldn't that mean the older versions are still in effect?

    Comment

    • HorseShit
      Too lazy to set a custom title
      • Dec 2004
      • 17513

      #3
      Originally posted by baddog
      While I understand the need for review, I would not really be getting my hopes up too high. Besides, if the revisions are not accepted, wouldn't that mean the older versions are still in effect?
      yes, whatever wasn't done recently

      Comment

      • Snake Doctor
        I'm Lenny2 Bitch
        • Mar 2001
        • 13449

        #4
        Originally posted by baddog
        While I understand the need for review, I would not really be getting my hopes up too high. Besides, if the revisions are not accepted, wouldn't that mean the older versions are still in effect?
        Actually no, since the court had struck down the previous regulations as overly broad. That's why the DOJ wrote new ones, to try to satisfy the problems the court had with the last set.

        So currently, there are no regulations and the statute is unenforceable.

        At a minimum, this buys people more time to get their shit in order. At best, this won't be a priority for the new AG and it will sit there and collect dust for a long time.
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        Comment

        • Snake Doctor
          I'm Lenny2 Bitch
          • Mar 2001
          • 13449

          #5
          Originally posted by Snake Doctor
          Actually no, since the court had struck down the previous regulations as overly broad. That's why the DOJ wrote new ones, to try to satisfy the problems the court had with the last set.

          So currently, there are no regulations and the statute is unenforceable.

          At a minimum, this buys people more time to get their shit in order. At best, this won't be a priority for the new AG and it will sit there and collect dust for a long time.
          I also wanted to add....that no 2257 inspection was EVER DONE until the George W Bush administration....even though the law was written in 1988.

          This was obviously only a priority for an administration with strong political ties to the fundamentalist religious community. Neither President Clinton, nor George H.W. Bush saw fit to expend government resources to harass pornographers.

          Unless something unexpected like another Tracy Lords happened and got national media attention, logic would lead me to believe that the Obama administration won't expend government resources to harass us either.
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          • mikesouth
            Confirmed User
            • Jun 2003
            • 6334

            #6
            Originally posted by Snake Doctor
            Actually no, since the court had struck down the previous regulations as overly broad. That's why the DOJ wrote new ones, to try to satisfy the problems the court had with the last set.

            So currently, there are no regulations and the statute is unenforceable.

            At a minimum, this buys people more time to get their shit in order. At best, this won't be a priority for the new AG and it will sit there and collect dust for a long time.
            technically you are wrong that ruling ONLY applies in the 6th circuit (OH, TN, KY, WV and MI IIRC)

            That decision is also pending an en banc hearing of the 6th Curcuit (Which the Bush Administration asked for)
            Mike South

            It's No wonder I took up drugs and alcohol, it's the only way I could dumb myself down enough to cope with the morons in this biz.

            Comment

            • Snake Doctor
              I'm Lenny2 Bitch
              • Mar 2001
              • 13449

              #7
              Originally posted by mikesouth
              technically you are wrong that ruling ONLY applies in the 6th circuit (OH, TN, KY, WV and MI IIRC)

              That decision is also pending an en banc hearing of the 6th Curcuit (Which the Bush Administration asked for)
              While technically true, it would be unheard of for them to try to do an inspection outside of the 6th circuit based on the old regulations.

              I'm not a lawyer so I'm not going to do the double talk thing they do with the oh this is possible and oh that's possible....let's just talk in probabilities.
              There's less than a 1% chance that anyone anywhere gets their 2257 records inspected before the new regulations are published in the federal register.
              The process of publishing them has just been put on hold.

              Also, FWIW, the new regulations were supposed to be a work around for the problems the 6th circuit had with the old regs, so their implementation would make the en banc hearing unnecessary.
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              • mikesouth
                Confirmed User
                • Jun 2003
                • 6334

                #8
                Agreed, and the truth is porn valley currently has much bigger concerns now than 2257, with Cal-OSHA breathing down thier necks. also intersting to note the SCOTUS struck down COPA today....finally
                Mike South

                It's No wonder I took up drugs and alcohol, it's the only way I could dumb myself down enough to cope with the morons in this biz.

                Comment

                • Barefootsies
                  Choice is an Illusion
                  • Feb 2005
                  • 42635

                  #9
                  Originally posted by mikesouth
                  technically you are wrong that ruling ONLY applies in the 6th circuit (OH, TN, KY, WV and MI IIRC)

                  That decision is also pending an en banc hearing of the 6th Curcuit (Which the Bush Administration asked for)
                  Exactly right.
                  Should You Email Your Members?

                  Link1 | Link2 | Link3

                  Enough Said.

                  "Would you rather live like a king for a year or like a prince forever?"

                  Comment

                  • stickyfingerz
                    Doin fine
                    • Oct 2005
                    • 24984

                    #10
                    2257 will be and is a dead fish.

                    Comment

                    • After Shock Media
                      It's coming look busy
                      • Mar 2001
                      • 35299

                      #11
                      I have since changed my mind on the issue. I actually wish we could have a more strict set of 2257, even if it only applies to the US market.

                      [email protected] ICQ:135982156 AIM: Aftershockmed1a MSN: [email protected]

                      Comment

                      • TheDoc
                        Too lazy to set a custom title
                        • Jul 2001
                        • 13827

                        #12
                        I don't think this action, even if the pending changes are paused, I don't think it will stop the 2257 regs. But what we 'might' see is the FBI finally going back to doing what they should be doing, rather than dealing with our Industry that does a kick ass job making sure content is legal.
                        ~TheDoc - ICQ7765825
                        It's all disambiguation

                        Comment

                        • Snake Doctor
                          I'm Lenny2 Bitch
                          • Mar 2001
                          • 13449

                          #13
                          Originally posted by TheDoc
                          I don't think this action, even if the pending changes are paused, I don't think it will stop the 2257 regs. But what we 'might' see is the FBI finally going back to doing what they should be doing, rather than dealing with our Industry that does a kick ass job making sure content is legal.
                          I agree with the last part of that.

                          The new justice dept "may" use this as a tool to combat true ch*ld p*rn*gr*phy, by using it as an additional charge against a true CP offender and to check on models whose age really could be in question.....but I don't think they're going to use it to harass and overly burden our industry the way the previous administration wanted to.
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