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AaronM · 04-17-2003, 02:33 PM

Due to some new as well as the ongoing discussions about 2257 and records keeping, I took the liberty to contact J.D. Obenberger from xxxlaw.net and ask him some specific questions that have been asked lately. Here is our discussion. The bold text is his reply.

Aaron Matthews wrote:

There has been a lot of discussion about 2257 Custodians on some of the boards lately and there is some slight confusion about something.

"75.4
Any producer required by this part to maintain records shall make
such records available at the producer's place of business. The business address shall refer to a street address and not to a post office box number. Such records shall be maintained as long as the producer remains in business. If the producer ceases to carry on the business, the records shall be maintained for five years thereafter.

75.6
(3) A street address at which the records required by this part may be made available. The street address may be an address specified by the primary producer or, if the secondary producer satisfies the requirements of Sec. 75.2(b), the address of the secondary producer."

The logical (and harmonious) answer is that the primary producer may maintain the required records only at his place of business and that the secondary producer may comply with the law by accepting the original records required to be maintained by Section 2257, keeping a record of the name and address of the primary producer who provided the records, and maintaining them him/her/itself, also disclosing for notice purposes the place of business where the secondary producer maintains them. The secondary producer may also apparently comply by naming the primary producer in its Notice and there disclosing the name of his/her/its "natural person" records custodian and the place of business where the primary maintains records.

These two may contradict each other. 75.4 says I must maintain at my place of business but 75.6 says I may supply a street address but does not specifically say that it must be my own. What myself and others are wondering is if it is legal for a company to offer the records custody as a service to others. A lot of the amateurs out there are concerned with stalkers knowing their physical address and so forth.

The answer is a clear and resounding "No". The records must be maintained at a legitimate place of business, either that of the primary producer, that of the secondary producer or at both. The law is violated if they are not maintained at a producer's place of businss. A lawyer's office, or a professional records custodian's office is not the producer's place of business. It is the lawyer's place of business or that of the custodian. If the only business conducted is the maintenance of records, it amounts to a pretext in evasion of the statue, and I think, a criminal conspiracy. With the enactment of the Amber Alert Bill, the penalty for a violation of 2257 now goes from two to five years in prision as a maximum. Congress is also requiring the attorney general to annually report the number of 2257 inspections and of prosecutions brought as a result. This is all now, imminently, getting serious. So please tell your chatboard friends to stop fooling around with their futures, to stop playing lawyer (a job for which their wishful-thinking interpretations prove them to be ill-suited) and obey the law. If, as it appears, they are unable to read and understand the law, tell them to hire someone who can. And don't hire one of the handful of lawyers who will maintain records for a fee. When the bust comes down, he won't be able to represent you because he'll be your co-defendant as he battles to preserve his law license.

The stakes are getting higher. And you have content that I'd defend with especial pleasure: I like the way your lens looks at attractive females.

Kind regards,

Joe Obenberger

Those of you who are not complying with the laws...and there are a shitload of you that post here...I highly suggest you get your shit togther and stop fucking around before this ends up costing you things besides money...such as your freedom. J.D. said it best with this line: "please tell your chatboard friends to stop fooling around with their futures, to stop playing lawyer (a job for which their wishful-thinking interpretations prove them to be ill-suited) and obey the law. If, as it appears, they are unable to read and understand the law, tell them to hire someone who can."

This is your life we are talking about, not just your businesses or hobbies. Think about it.

04-17-2003, 02:33 PM
AaronM Too lazy to set a custom title Industry Role: Join Date: Oct 2001 Location: ┌∩┐ ◣_◢ ┌∩┐ Posts: 46,909	Definitive 2257 answers. Due to some new as well as the ongoing discussions about 2257 and records keeping, I took the liberty to contact J.D. Obenberger from xxxlaw.net and ask him some specific questions that have been asked lately. Here is our discussion. The bold text is his reply. Aaron Matthews wrote: There has been a lot of discussion about 2257 Custodians on some of the boards lately and there is some slight confusion about something. "75.4 Any producer required by this part to maintain records shall make such records available at the producer's place of business. The business address shall refer to a street address and not to a post office box number. Such records shall be maintained as long as the producer remains in business. If the producer ceases to carry on the business, the records shall be maintained for five years thereafter. 75.6 (3) A street address at which the records required by this part may be made available. The street address may be an address specified by the primary producer or, if the secondary producer satisfies the requirements of Sec. 75.2(b), the address of the secondary producer." The logical (and harmonious) answer is that the primary producer may maintain the required records only at his place of business and that the secondary producer may comply with the law by accepting the original records required to be maintained by Section 2257, keeping a record of the name and address of the primary producer who provided the records, and maintaining them him/her/itself, also disclosing for notice purposes the place of business where the secondary producer maintains them. The secondary producer may also apparently comply by naming the primary producer in its Notice and there disclosing the name of his/her/its "natural person" records custodian and the place of business where the primary maintains records. These two may contradict each other. 75.4 says I must maintain at my place of business but 75.6 says I may supply a street address but does not specifically say that it must be my own. What myself and others are wondering is if it is legal for a company to offer the records custody as a service to others. A lot of the amateurs out there are concerned with stalkers knowing their physical address and so forth. The answer is a clear and resounding "No". The records must be maintained at a legitimate place of business, either that of the primary producer, that of the secondary producer or at both. The law is violated if they are not maintained at a producer's place of businss. A lawyer's office, or a professional records custodian's office is not the producer's place of business. It is the lawyer's place of business or that of the custodian. If the only business conducted is the maintenance of records, it amounts to a pretext in evasion of the statue, and I think, a criminal conspiracy. With the enactment of the Amber Alert Bill, the penalty for a violation of 2257 now goes from two to five years in prision as a maximum. Congress is also requiring the attorney general to annually report the number of 2257 inspections and of prosecutions brought as a result. This is all now, imminently, getting serious. So please tell your chatboard friends to stop fooling around with their futures, to stop playing lawyer (a job for which their wishful-thinking interpretations prove them to be ill-suited) and obey the law. If, as it appears, they are unable to read and understand the law, tell them to hire someone who can. And don't hire one of the handful of lawyers who will maintain records for a fee. When the bust comes down, he won't be able to represent you because he'll be your co-defendant as he battles to preserve his law license. The stakes are getting higher. And you have content that I'd defend with especial pleasure: I like the way your lens looks at attractive females. Kind regards, Joe Obenberger Those of you who are not complying with the laws...and there are a shitload of you that post here...I highly suggest you get your shit togther and stop fucking around before this ends up costing you things besides money...such as your freedom. J.D. said it best with this line: "please tell your chatboard friends to stop fooling around with their futures, to stop playing lawyer (a job for which their wishful-thinking interpretations prove them to be ill-suited) and obey the law. If, as it appears, they are unable to read and understand the law, tell them to hire someone who can." This is your life we are talking about, not just your businesses or hobbies. Think about it.