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Free Speech X-Press
Delivering Weekly Censorship Updates to the Adult Industry

Vol. VII, No. 27, May 20, 2005 -- A Member Service of the Free Speech Coalition

REVISED 2257 LAW SIGNED BY ATTORNEY GENERAL

WASHINGTON, DC -- Attorney General Gonzales has signed a �clarified� and revised implementation of 18 U.S.C. � 2257, the Federal Record-keeping and Labeling law which was first published in 1992 but never actually enforced. The revised rules will take effect after being published in the Federal Register, which will probably happen within a month and may happen in a matter of a few days. Until the regulations are actually published we will not know the specifics of the revisions. However, the changes proposed by the Justice Department last fall would have made compliance very difficult for any adult manufacturer, producer, content provider or website operator, going beyond reasonable administrative requirements to create an excessively burdensome paperwork system that may violate the privacy rights and personal safety of performers.

        The Justice Department has vowed to enforce the law, whatever form it finally takes, and the penalties, based on child pornography levels of punishment, are extremely harsh. Even with no minors involved in the production�indeed, even if all performers are 40 or over�a first-offense paperwork error can still mean five years in federal prison. After the first conviction, the law carries prison sentences of 2 years minimum, 10 years maximum.

        Responding to the threat of 2257 enforcement is a top priority of Free Speech Coalition. As soon as the final regulations are published, FSC plans to go into Federal District Court to seek an injunction on behalf of its members. FSC plans two lawsuits, led by premiere First Amendment attorneys, one to be filed on the West Coast by H. Louis Sirkin, and the other by Paul Cambria on the East Coast.

For additional information see the following:

A DOJ Press release announcing Gonzales� signature: http://www.usdoj.gov/opa/pr/2005/May/

A Free Speech Coalition Press Release following the DOJ announcement:

http://www.freespeechcoalition.com/

A detailed legal analysis of the problems in the 2257 law as proposed last fall, which may be found in FSC�s comments submitted to the Department of Justice, drafted by FSC Board Member Reed Lee with assistance from Board Chair Jeffrey J. Douglas: www.freespeechcoalition.com/FSC_2257_Comments.htm

A review of the revised regulations as proposed last fall, seen side-by-side with the old version in a format devised by J.D. Obenberger & Associates:

http://my.execpc.com/~xxxlaw/2257Table.htm

A report by Mark Kernes, Adult Video News, on the new developments:

http://www.avn.com/index.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=227068
Two articles by First Amendment Attorney Gregory A. Piccionelli, describing tactics which could help protect against federal prosecution:

http://www.xbiz.com/article_piece.php?cat=40&id=8798