2257 Delayed again - *woot woot*

[Snake Doctor]

In his first act as President, Obama approved a memo by White House Chief of Staff Rahm Emanuel which orders all federal agencies to freeze former President Bush's pending regulations until the new administration has a change to review them.

http://rawstory.com/news/2008/Presid...ng_0120.htm l

[baddog]

While I understand the need for review, I would not really be getting my hopes up too high. Besides, if the revisions are not accepted, wouldn't that mean the older versions are still in effect?

[HorseShit]

Originally Posted by baddog

While I understand the need for review, I would not really be getting my hopes up too high. Besides, if the revisions are not accepted, wouldn't that mean the older versions are still in effect?

yes, whatever wasn't done recently

[Snake Doctor]

Originally Posted by baddog

While I understand the need for review, I would not really be getting my hopes up too high. Besides, if the revisions are not accepted, wouldn't that mean the older versions are still in effect?

Actually no, since the court had struck down the previous regulations as overly broad. That's why the DOJ wrote new ones, to try to satisfy the problems the court had with the last set.

So currently, there are no regulations and the statute is unenforceable.

At a minimum, this buys people more time to get their shit in order. At best, this won't be a priority for the new AG and it will sit there and collect dust for a long time.

[Snake Doctor]

Originally Posted by Snake Doctor

Actually no, since the court had struck down the previous regulations as overly broad. That's why the DOJ wrote new ones, to try to satisfy the problems the court had with the last set.

So currently, there are no regulations and the statute is unenforceable.

At a minimum, this buys people more time to get their shit in order. At best, this won't be a priority for the new AG and it will sit there and collect dust for a long time.

I also wanted to add....that no 2257 inspection was EVER DONE until the George W Bush administration....even though the law was written in 1988.

This was obviously only a priority for an administration with strong political ties to the fundamentalist religious community. Neither President Clinton, nor George H.W. Bush saw fit to expend government resources to harass pornographers.

Unless something unexpected like another Tracy Lords happened and got national media attention, logic would lead me to believe that the Obama administration won't expend government resources to harass us either.

[mikesouth]

Originally Posted by Snake Doctor

Actually no, since the court had struck down the previous regulations as overly broad. That's why the DOJ wrote new ones, to try to satisfy the problems the court had with the last set.

So currently, there are no regulations and the statute is unenforceable.

At a minimum, this buys people more time to get their shit in order. At best, this won't be a priority for the new AG and it will sit there and collect dust for a long time.

technically you are wrong that ruling ONLY applies in the 6th circuit (OH, TN, KY, WV and MI IIRC)

That decision is also pending an en banc hearing of the 6th Curcuit (Which the Bush Administration asked for)

[Snake Doctor]

Originally Posted by mikesouth

technically you are wrong that ruling ONLY applies in the 6th circuit (OH, TN, KY, WV and MI IIRC)

That decision is also pending an en banc hearing of the 6th Curcuit (Which the Bush Administration asked for)

While technically true, it would be unheard of for them to try to do an inspection outside of the 6th circuit based on the old regulations.

I'm not a lawyer so I'm not going to do the double talk thing they do with the oh this is possible and oh that's possible....let's just talk in probabilities.
There's less than a 1% chance that anyone anywhere gets their 2257 records inspected before the new regulations are published in the federal register.
The process of publishing them has just been put on hold.

Also, FWIW, the new regulations were supposed to be a work around for the problems the 6th circuit had with the old regs, so their implementation would make the en banc hearing unnecessary.

[mikesouth]

Agreed, and the truth is porn valley currently has much bigger concerns now than 2257, with Cal-OSHA breathing down thier necks. also intersting to note the SCOTUS struck down COPA today....finally

[Barefootsies]

Originally Posted by mikesouth

technically you are wrong that ruling ONLY applies in the 6th circuit (OH, TN, KY, WV and MI IIRC)

That decision is also pending an en banc hearing of the 6th Curcuit (Which the Bush Administration asked for)

Exactly right.

[stickyfingerz]

2257 will be and is a dead fish.

[After Shock Media]

I have since changed my mind on the issue. I actually wish we could have a more strict set of 2257, even if it only applies to the US market.

[TheDoc]

I don't think this action, even if the pending changes are paused, I don't think it will stop the 2257 regs. But what we 'might' see is the FBI finally going back to doing what they should be doing, rather than dealing with our Industry that does a kick ass job making sure content is legal.

[Snake Doctor]

Originally Posted by TheDoc

I don't think this action, even if the pending changes are paused, I don't think it will stop the 2257 regs. But what we 'might' see is the FBI finally going back to doing what they should be doing, rather than dealing with our Industry that does a kick ass job making sure content is legal.

I agree with the last part of that.

The new justice dept "may" use this as a tool to combat true ch*ld p*rn*gr*phy, by using it as an additional charge against a true CP offender and to check on models whose age really could be in question.....but I don't think they're going to use it to harass and overly burden our industry the way the previous administration wanted to.