No one is talking about this? - GoFuckYourself.com

luv$ · 10-25-2007, 06:09 PM

I only scanned the front page, but one would think this would be a hot topic on GFY.

Quote:

Porn Record-Keeping Law Ruled Unconstitutional
By David Kravets Email 10.24.07 | 2:15 PM

A federal appeals court has struck down a 1988 law requiring adult entertainment producers to keep records on their models and performers, complicating the Justice Department's anti-child porn efforts, and diminishing a legal cloud hovering over websites hosting amateur, user-produced porn.

The 6th U.S. Circuit Court of Appeals ruled Tuesday that the Child Protection and Obscenity Enforcement Act is overly broad and violates the First Amendment. The law requires anyone who distributes or produces sexually explicit images and videos to keep identification records on the photographers and subjects, which the government can obtain without a warrant.

"This statute not only regulates a person's right to take sexually explicit photographs, but it also requires that person to identify him or herself as the photographer as well as identify the individual depicted," wrote Judge Cornelia Kennedy in the majority opinion of the three-judge panel. "While the individual depicted is shown in the photograph, that person still has a First Amendment right to not provide his or her name and therefore retain a certain level of anonymity."

The Justice Department argued that regulating all photographs of sexually explicit conduct was justified by its legitimate interest in "eradicating" child pornography.

The case was brought by Connection Distributing -- a now defunct affiliate of Cleveland-based video distributor GVA-TWN -- that produced swinger publications. The publisher filed its lawsuit against the government preemptively for fear it would have to comply with the law for publishing nude photos of its patrons.

The Cincinnati-based appeals court, one stop short of the U.S. Supreme Court, agreed with the publisher that the law went too far and treaded on constitutional free speech rights.

"To appreciate why speech would be chilled, consider the following," Kennedy wrote. "A couple wishes to take photographs of themselves engaging in sexual activity. To do so means compiling records, affixing statements, maintaining such records for at least five years and opening their property up for visitation by government officials to inspect the records."

Fighting child pornography is a legitimate reason to curtail some speech rights, Kennedy wrote. "Applying the recordkeeping regulations to all depictions of actual sexually explicit conduct between two adults, however, is not clearly within the statute's plainly legitimate sweep."

The decision affects Kentucky, Ohio, Michigan and Tennessee and does not have the force of law yet. The government is likely to appeal.

The ruling could be an important one, not just to professional producers of adult content, but to increasing numbers of amateurs participating in community driven sites like PornTube and YouPorn, which let adults upload and share their own videos. In July, the Justice Department proposed expanding the law's scope to reach such Porn 2.0 sites.

"This issue has been brewing and I think it will continue to brew until this is finally resolved in the courts," said Chris Potoski, president of No Rivals Media, which serves professional porn over 700 domain names.

The statute requires record keeping when "sexually explicit conduct" is depicted. Such conduct is defined to include images of "sexual intercourse, including genital-genital, oral-genital or oral-anal, whether between persons of the same or opposite sex." Also included are images of bestiality, masturbation, sadistic or masochistic abuse and "lascivious exhibition of the genitals or pubic area of any person."

Under the law, the producer of such images must inspect an individual's government-issued photo I.D., and keep a copy, along with records of where the images were published, including any websites.

"These records are then subject to inspection by agents of the attorney general, without advance notice," according to the law.

Violating the reporting requirements, or falsifying them, is a felony with stiff penalties of up to five years in prison.

Potoski said his legal counsel advised him to keep up with the recordkeeping until other federal circuits join with the 6th, or the Supreme Court hears an appeal.

http://www.wired.com/politics/law/news/2007/10/porn_law

baddog · 10-25-2007, 06:09 PM

It is old news.

sysk · 10-25-2007, 06:24 PM

there has been like 10 threads alreay

PornMogul · 10-25-2007, 06:41 PM

olddddddddddddddddddddddddddddd

RRRED · 10-25-2007, 06:48 PM

There's a cool new band... Van Halen. You should check em out

Bro Media - BANNED FOR LIFE · 10-25-2007, 06:48 PM

welcome to 2 days ago

PornMogul · 10-25-2007, 06:49 PM

Its the future

After Shock Media · 10-25-2007, 06:50 PM

Old here but still relevant.

Nobody ever told me if one of those who got inspected in CA or FL could use the courts and claim they had an illegal search performed on them and then challenge the law as well in other districts.

BannerAnt · 10-25-2007, 06:52 PM

yawn . . .

peterk · 10-25-2007, 06:54 PM

Already posted here few times

Ice · 10-25-2007, 06:55 PM

Quote:

Originally Posted by RRRED

There's a cool new band... Van Halen. You should check em out

I always like checking out new music.

What style are they? Country, rap, hip-hop, rock?

RevSand · 10-25-2007, 07:23 PM

Makes the FSC look kinda like shit... How much money has GFY members alone kicked in for this fight for "big" lawyers who were interested in protecting the big companies when all it took was one unknown little (now outta business) magazine to get the ruling...

TeenCat · 10-25-2007, 07:26 PM

Quote:

Originally Posted by RRRED

There's a cool new band... Van Halen. You should check em out

StickyGreen · 10-25-2007, 07:28 PM

Where is that damn timeline pic? Can't find it...

thehand · 10-25-2007, 07:47 PM

Quote:

Originally Posted by Ice

I always like checking out new music.

What style are they? Country, rap, hip-hop, rock?

It's this new kind of music the call "rockabilly"

Ice · 10-25-2007, 08:05 PM

Quote:

Originally Posted by thehand

It's this new kind of music the call "rockabilly"

Ahhh like the Stray Cats... cool I'll check it out

rapmaster · 10-25-2007, 08:18 PM

Old news yes... but I think Paris got a bit more attention here than news that directly affects all of us. Thats just the way it goes lol.

After Shock Media · 10-25-2007, 09:05 PM

Quote:

Originally Posted by RevSand

Makes the FSC look kinda like shit... How much money has GFY members alone kicked in for this fight for "big" lawyers who were interested in protecting the big companies when all it took was one unknown little (now outta business) magazine to get the ruling...

PECash nor their other companies are out of business, just that magazine they distributed.

D · 10-25-2007, 09:07 PM

We got that-there "Search" back, too.

Profits of Doom · 10-25-2007, 09:21 PM

Quote:

Originally Posted by Ice

Ahhh like the Stray Cats... cool I'll check it out

Those Stray Cats are groovy, Daddy-O. Like far out hip, man! Ya dig?

alby_persignup · 10-25-2007, 10:03 PM

classic..........

10-25-2007, 06:24 PM	#3
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10-25-2007, 06:50 PM	#8
After Shock Media It's coming look busy Join Date: Mar 2001 Location: "Ph'nglui mglw'nafh Cthulhu R'lyeh wgah'nagl fhtagn". Posts: 35,299	Old here but still relevant. Nobody ever told me if one of those who got inspected in CA or FL could use the courts and claim they had an illegal search performed on them and then challenge the law as well in other districts. __________________ [email protected] ICQ:135982156 AIM: Aftershockmed1a MSN: [email protected]

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10-25-2007, 07:23 PM	#12
RevSand Confirmed User Industry Role: Join Date: Oct 2003 Location: Porn Valley Posts: 8,151	Makes the FSC look kinda like shit... How much money has GFY members alone kicked in for this fight for "big" lawyers who were interested in protecting the big companies when all it took was one unknown little (now outta business) magazine to get the ruling... __________________ BadBitchesGoodWeed Hire me for all your video shooting needs!! Skype = RevSandx

10-25-2007, 06:09 PM	#2
baddog So Fucking Banned Industry Role: Join Date: Apr 2001 Location: the beach, SoCal Posts: 107,089	It is old news.

10-25-2007, 06:41 PM	#4
PornMogul Confirmed User Join Date: May 2007 Location: LA Posts: 1,495	olddddddddddddddddddddddddddddd

10-25-2007, 06:48 PM	#5
RRRED Confirmed User Join Date: Jan 2001 Location: WA Posts: 6,754	There's a cool new band... Van Halen. You should check em out

10-25-2007, 06:48 PM	#6
Bro Media - BANNED FOR LIFE MOBILE PORN: IMOBILEPORN Join Date: Jan 2004 Location: Tinseltown NL Posts: 16,502	welcome to 2 days ago

10-25-2007, 06:49 PM	#7
PornMogul Confirmed User Join Date: May 2007 Location: LA Posts: 1,495	Its the future

10-25-2007, 07:28 PM	#14
StickyGreen . Industry Role: Join Date: Oct 2003 Posts: 13,076	Where is that damn timeline pic? Can't find it... __________________ Refer Cam Girls and Take Home 10% of Everything They Make For Life

10-25-2007, 08:18 PM	#17
rapmaster Confirmed User Join Date: Jan 2007 Posts: 1,576	Old news yes... but I think Paris got a bit more attention here than news that directly affects all of us. Thats just the way it goes lol. __________________ http://en.wikipedia.org/wiki/SIG_Sauer_P226

10-25-2007, 09:07 PM	#19
D Confirmed User Join Date: Jan 2006 Location: The Valley Posts: 7,412	We got that-there "Search" back, too. __________________ -D. ICQ: 202-96-31

10-25-2007, 10:03 PM	#21
alby_persignup Confirmed User Join Date: May 2007 Posts: 3,119	classic.......... __________________ OnProbation Links Directory \| OnProbation Design Services \| OnProbation Cash