07-18-2013, 11:25 AM
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It's 42
Industry Role:
Join Date: Jun 2010
Location: Global
Posts: 18,083
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From my point of view this is a lose-lose with a sweetener added of the Fourth Amendment warrantless searches unconstitutional ONLY at personal residences.
This ruling makes a difference in warrantless inspections allowed of commercial businesses and private residences. Pornography is regulated free speech now.
This implies regulated art or other "offensive opinion or matter."
One argument of the Fourth Amendment complaint was upheld and other arguments were not. Appealing on the First Amendment complaints might be possible but it is just buying time.
Most of the major webcam producers are not based in the United States and are not subject to this law. I think that the issue of the "secondary producer" might be litigated but the outlawing of gambling promotion and advertising in the United States does not bode well for any litigation success on the issue of secondary producers.
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