GoFuckYourself.com - Adult Webmaster Forum - View Single Post - All you thumb TGPers are just not thinking, are you????

Kimmykim · 06-22-2005, 11:30 AM

Given that police, fbi, prosecutors and judges are paid the same amount of money regardless of the case they are working on, it does not make sense for the federal government to cast a wide net over a bunch of small fish. There are no chances with mom n pop operations for big fines to fund ongoing operations or to make big splashy headlines. The US government also doesn't generally put itself into a position of filling up the prison system with a bunch of white collar criminals violating laws like this. Especially not during the initial stages of trying to enforce such a broad ranging new set of regulations that may or may not be constitutional.

Previously, when the Federal government went after the adult entertainment industry, they went after the largest companies they could find. Specifically so they could make deals involving things like large fines and restrictions on the type of businesses these people could or would run in the future. If the Feds were to go after all the little guys, great, what are they going to get? A bunch of people that weren't making all that much money to start with agreeing to leave the business and never come back on a plea bargain?

Why bother, when there are bound to be some nice sized targets that will have good attorneys who tell them to plead it out to a fine situation, admit no real wrongdoing, and can continue to run their business after its all said and done.

Bigger targets also mean more chances for the inspections to find violations, some of which may not be correctable with time to find the ids and releases, since they may no longer exist or the companies that shot the content originally are so long gone that no one knows where the data went.

The new law is not very well thought out, it's going to be very hard for the government to defend certain parts of it in a court of law, so it should be very interesting to see where they initially focus their enforcement efforts -- that should tell everyone exactly what they see as the strong points in their cases, and attorneys should be more able to advise from that point than they are today.

Of course there also exists the possibility that the government won't initiate inspections or attempt to issue indictments for quite some time. As we've all seen based on the fact that it's been a year since the original changes were proposed and the percentage of companies in adult that have gotten anywhere near true compliance is minimal. This shows the government that if they start this now, then back off of it for 6, 12, 18 months, we'll just get slack again and decide that nothing is going to happen over it. Especially if the FSC is granted a TRO.

If the FSC gets their TRO, I'd (if I were the government) sit back and wait for things to get quiet again, start building my cases based on the weak points in the TRO, and then just drop the bomb around the holidays or so...

06-22-2005, 11:30 AM
Kimmykim bitchslapping zebras!!!!! Industry Role: Join Date: Jun 2001 Location: In a shack by the beach Posts: 16,015	Given that police, fbi, prosecutors and judges are paid the same amount of money regardless of the case they are working on, it does not make sense for the federal government to cast a wide net over a bunch of small fish. There are no chances with mom n pop operations for big fines to fund ongoing operations or to make big splashy headlines. The US government also doesn't generally put itself into a position of filling up the prison system with a bunch of white collar criminals violating laws like this. Especially not during the initial stages of trying to enforce such a broad ranging new set of regulations that may or may not be constitutional. Previously, when the Federal government went after the adult entertainment industry, they went after the largest companies they could find. Specifically so they could make deals involving things like large fines and restrictions on the type of businesses these people could or would run in the future. If the Feds were to go after all the little guys, great, what are they going to get? A bunch of people that weren't making all that much money to start with agreeing to leave the business and never come back on a plea bargain? Why bother, when there are bound to be some nice sized targets that will have good attorneys who tell them to plead it out to a fine situation, admit no real wrongdoing, and can continue to run their business after its all said and done. Bigger targets also mean more chances for the inspections to find violations, some of which may not be correctable with time to find the ids and releases, since they may no longer exist or the companies that shot the content originally are so long gone that no one knows where the data went. The new law is not very well thought out, it's going to be very hard for the government to defend certain parts of it in a court of law, so it should be very interesting to see where they initially focus their enforcement efforts -- that should tell everyone exactly what they see as the strong points in their cases, and attorneys should be more able to advise from that point than they are today. Of course there also exists the possibility that the government won't initiate inspections or attempt to issue indictments for quite some time. As we've all seen based on the fact that it's been a year since the original changes were proposed and the percentage of companies in adult that have gotten anywhere near true compliance is minimal. This shows the government that if they start this now, then back off of it for 6, 12, 18 months, we'll just get slack again and decide that nothing is going to happen over it. Especially if the FSC is granted a TRO. If the FSC gets their TRO, I'd (if I were the government) sit back and wait for things to get quiet again, start building my cases based on the weak points in the TRO, and then just drop the bomb around the holidays or so...