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Old 06-23-2005, 12:02 AM  
MrPinks
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Join Date: Oct 2003
Location: FL
Posts: 1,767
Quote:
Originally Posted by Dameian
"18 U.S.C. 2257 does not apply to all erotic content. First, 2257 is limited to 'visual
depictions,' so wholly textual works are excluded from its regulatory scope.

As quoted from "THE 2257 CLIENT HANDBOOK: A Guide to Complying with the Federal
Record Keeping and Labeling Laws in 2005" by First Amendment Attorneys Paul J. Cambria, Jr. Roger W. Wilcox, Jr.

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Beyond that, here are my personal thoughts. As worthless as they may be in an environment where people are typically more concerned about having their say in a "Would you hit it!" thread than one that actually has significance to our industry's future:

1. Not al TGPs profit from all text links on their site. Therefore the "conspiracy" argument is at least partially flawed and difficult to define/enforce.

2. Do you have any idea of how much such an interpretation of this regulation treads on the First Amendment? If not. Wow.

3. When trying to set a precedence, the key is to avoid as much grey area as possible. Text links to other sites with text descriptions (once again falling under free speech) presents quite a lot of grey matter to deal with for the DOJ. They are not, at least initially, going to target text based sites.

4. You can not rightfully expect to call an attorney on the opposing end of a legal battle and hear anything other than distressing rhetoric aimed at demoralizing you and your cause. What do you expect them to say? "No, no Mr. Pornographer don't worry... you're doing GREAT! Keep at it and good luck!"

Thanks for the post!
18 U.S.C. 2257 does not apply to all erotic content. First, 2257 is limited to 'visual depictions,' so wholly textual works are excluded from its regulatory scope. But has this all changed?
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