PSA: FSC/DoJ 2257 Press Release

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PSA: FSC/DoJ 2257 Press Release - 6/24/2005 5:19:40 AM

LadyBadger

Posts: 148
Joined: 11/6/2004
From: Lake Forest, CA
Status: offline

-------- Original Message --------
From: [email protected] [mailto:[email protected]]
Sent: Thursday, June 23, 2005 2:02 PM
Subject: FSC/DoJ 2257 Press Release

For Immediate Release

Tom Hymes
Communications Director
Free Speech Coalition
P.O. Box 10480
Canoga Park, CA 91309
Office: 818-348-9373
cell: 310.384.6298
ICQ: 232367366
tom @ freespeechcoalition.com

Free Speech Coalition
P.O. Box 10480, Canoga Park, CA 91309
ph: 818-348-9373
http://www.freespeechcoalition.com
pr @ freespeechcoalition.com

FOR IMMEDIATE RELEASE Contact: Tom Hymes 310-384-6298
June 23, 2005

FSC/DoJ Reach Agreement Suspending 2257 Enforcement for Plaintiffs and
FSC Members

Denver, Co. – The Free Speech Coalition (FSC) announced today a
stipulation between the parties in Free Speech Coalition et al v.
Alberto Gonzales, under which the U.S. Department of Justice agrees that
the regulations relating to the federal record-keeping and labeling law,
18 U.S.C. §2257, will not be enforced against plaintiffs and all FSC
members until September 7, 2005.

The U.S. District Court in Denver will hold a preliminary injunction
hearing on August 8, 2005, after which the judge will determine whether
to issue a further injunction.

Specifically, the DoJ will not conduct any inspections or pursue any
claims with regard to the plaintiffs and their members, but reserves the
right to inspect and prosecute anyone who is not a plaintiff or FSC member.

According to the stipulation, agreed to and issued as an order of the
Court today, the DoJ, will submit any entity it intends to inspect to a
Special Master who will then check the entity’s name against a sealed
and confidential FSC membership list. The Special Master will be
appointed by the Court, with the consent of the parties, and will be
under a specific obligation to maintain the confidentiality of the FSC
membership list.

A master list of members will be submitted to the Special Master on
Wednesday June 29, 2005, and will include all FSC members as of 2:00
p.m. pacific standard time, Saturday June 25, 2005.

At no time will the DoJ have direct access to the FSC membership list,
which will remain under seal.

All FSC members should advise the FSC office of all of their dbas by
Monday, June 27, 2005, so that the master list will be as complete as
possible.

On behalf of the entire adult entertainment industry, the FSC
acknowledges the bravery and integrity of our co-plaintiffs, New
Beginnings and Dave Cummings. We trust that the industry appreciates
their willingness to take on the fight for justice on behalf of all of us.

The FSC also expresses appreciation to our extraordinary legal team: H.
Louis Sirkin, Paul Cambria, Art Schwartz, Jennifer Kingsley, Roger
Wilcox, Michael Gross, Barry Covert and Michael Deal. Special
acknowledgement also to Michael Murray, whose agreement with the DoJ in
the Connections Magazine case in Cleveland, Ohio, laid the groundwork
for this agreement.

Over the course of the next few months, there will be continuing
proceedings, including discovery, that culminate with the August 8, 2005
preliminary injunction hearing. While we remain optimistic regarding our
ultimate success in the litigation, the FSC encourages everyone to try
to comply with the law to the extent that it is possible.

Any questions can be emailed either to execdir @ freespeechcoalition.com
or mlfreridge @ hotmail.com. Please be patient. We ask that people not
both call and email, as we will respond as soon as possible to all
inquiries.

Free Speech Coalition is the trade organization of the adult
entertainment industry. Its mission is to safeguard the industry from
oppressive governmental regulation and to promote good business
practices within the industry.

# # #

-------- Original Message --------
Subject: Expedited FSC Membership Processing
Date: Thu, 23 Jun 2005 18:09:25 -0700
From: Free Speech X-Press <[email protected]>

In response to the flood of new members, Free Speech Coalition is
pleased to announce that all membership and 2257 litigation
contributions can be processed over the telephone as of 6:00 a.m.
Pacific Time, Friday morning, June 24, 2005, through 2:00 p.m, Saturday,
June 25, 2005.

Call 800.681.0403. Credit cards will be processed over the telephone.

http://www.freespeechcoalition.com/application.php#

Feel free to inform anyone whom you believe will benefit from this
information.

Jeffrey J. Douglas, FSC Board Chair,
for Michelle Freridge, FSC Executive Director

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Post #: 1

RE: PSA: FSC/DoJ 2257 Press Release - 6/24/2005 2:39:21 PM

subspacenaut

Posts: 6
Joined: 5/17/2005
Status: offline

first i would like to say Thank You to Lady Badger for the info.
knowledge is Supreme.

but this is what i think of the FSC (Free Speach Coalition),
just another hand trying to get in the pocket of every honest webmaster.

the spirit of the law (i.e... 2257 changes) is ment to catch child pornographers.

that is a good thing.

any honest webmaster has reciepts for any content that said webmaster uses.
a reciept saying from who, when and a licensing agreement stating the
ages of the preformers, the sites licensed too and so forth.
if said webmaster is unable to show proof
then how did one come upon the content?
was it licensed legally or ripped off like the practice of most?

if nothing else this law just might make sure the preformers get paid their rightful due
and the thieves and kp'ers go to prison where they belong.

i am a webmaster. i am an honest hardworking webmaster.
i report child pornographers as i am a man who cares.
i do not like to take the side of government as for the most part i think they are as corrupt as any other institution
however... kp should be history
and if all the work i have had to go through to make sure i am compliant
only catches one molester
it was worth it.
(and it ain't easy to comply when one license's content from around the world and does not even speak the language in most instances as the providers licensed with. over many years. but it can be done. as i have done it.)

anyone who claims they can offer me a way out for money
gets laughed at...
i bet the feds go through the FSC membership with a fine tooth comb
till they find out why they cannot or will not comply.

plus... anyone who says they fight the good fight,
but only for themselves and their contributors,
ain't fighting the good fight. they lie.
they are mercenaries. they are solders of fortune.
and if the money should dry up
they will disappear like any hired killer.
so much for the cause and the good fight.

free speach = run your mouth till they have enough evidence to hang you.

just my own opinion.

< Message edited by subspacenaut -- 6/24/2005 2:45:31 PM >

(in reply to LadyBadger)

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Post #: 2

RE: PSA: FSC/DoJ 2257 Press Release - 6/24/2005 2:52:07 PM

dwcindeed

Posts: 2
Joined: 6/18/2005
Status: offline

quote:

ORIGINAL: subspacenaut

i am a webmaster. i am an honest hardworking webmaster.
i report child pornographers as i am a man who cares.
i do not like to take the side of government as for the most part i think they are as corrupt as any other institution
however... kp should be history
and if all the work i have had to go through to make sure i am compliant
only catches one molester
it was worth it.

free speach = run your mouth till they have enough evidence to hang you.

just my own opinion.

Well said, compliance with any government reg is a pain in the . . . but in this instance it is worth it.

. . . and I absolutely love your definition of "Free Speech"!

(in reply to subspacenaut)

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Post #: 3

RE: PSA: FSC/DoJ 2257 Press Release - 6/25/2005 12:47:27 AM

mantis65

Posts: 274
Joined: 12/27/2004
Status: offline

this article is intresting

http://www.alternet.org/story/22289/

That's why 2257 is a great testing ground for a much broader scheme by the DOJ. This scheme, sometimes called "mandatory data retention," would force all Internet service providers to keep files on everything that people using their services are doing online. Every time you use AOL, the company would have to keep a record of your chat sessions, what Web sites you visited, your e-mail, etc. Sound like another paranoid fantasy brought to you by the tinfoil-hat brigade? Think again: It's a real proposal that was floated by the DOJ at an April 27 meeting with various Internet service providers. News.com quotes US Internet Industry Association president Dave McClure saying that DOJ reps want to mandate, perhaps "by law," a set time period during which ISPs would retain data about the personal online habits of all their users.

That's how it goes. First they come for the pornographers, and then they come for you

(in reply to dwcindeed)

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Post #: 4

RE: PSA: FSC/DoJ 2257 Press Release - 6/27/2005 6:37:31 PM

LadyBadger

Posts: 148
Joined: 11/6/2004
From: Lake Forest, CA
Status: offline

hmmm... isn't that already possible given the various "traps" used on telephones, etc. and used given the guidelines/authority given by the Patriot Act and Homeland Security? and isn't that what was fought by the public libraries and bookstores regarding patrons' usage and book purchasing habits?

(in reply to mantis65)

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Post #: 5

RE: PSA: FSC/DoJ 2257 Press Release - 6/27/2005 6:46:26 PM

LadyBadger

Posts: 148
Joined: 11/6/2004
From: Lake Forest, CA
Status: offline

so if I interpret your sentiments correctly, you're perfectly willing to "fight the good fight" on your nickel without reimbursement of any costs incurred in such a fight/litigation?

because that's how/what I see the FSC doing -- they are representing their target market with their trade association and those costs are not cheap fighting the Feds...

thing is, this USC 2257 can affect anyone with any sort of content that the Feds may define as "sexually explicit content"... it puts the casual photog on notice as well as individuals & their personal expression(s)...

the cover story, as I view it, is "let's catch child pornographers" but using an elephant gun with 00 shot!

let's think Fascism where everyone is guilty till proven innocent...

(in reply to subspacenaut)

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Post #: 6

RE: PSA: FSC/DoJ 2257 Press Release - 7/1/2005 2:42:44 PM

subspacenaut

Posts: 6
Joined: 5/17/2005
Status: offline

quote:

ORIGINAL: LadyBadger

so if I interpret your sentiments correctly, you're perfectly willing to "fight the good fight" on your nickel without reimbursement of any costs incurred in such a fight/litigation?

because that's how/what I see the FSC doing -- they are representing their target market with their trade association and those costs are not cheap fighting the Feds...

thing is, this USC 2257 can affect anyone with any sort of content that the Feds may define as "sexually explicit content"... it puts the casual photog on notice as well as individuals & their personal expression(s)...

the cover story, as I view it, is "let's catch child pornographers" but using an elephant gun with 00 shot!

let's think Fascism where everyone is guilty till proven innocent...

lol... i don't think it will catch kper's but i think it will run alot of the small mom and pop sites out of business. that is the true cost of the law. essentially any content that one displays one must have models releases and photo id proof of age, etc... course there is still an agreument whether one is a primary, secondary or 'other' that needs no more than licensed content.

i would have more respect if the FSC went after the law for all people and asked for donations rather than a handful of cronies and to blank with everyone else.

a challenge to date of enactment is still a loss. the law will be enacted, only a bit later for FSC members. they can call it a win if they want but the still must comply so what did they gain? a few months... 2-3 months? not worth fighting about.

and i don't think i ever remember anyone ever getting arrested for not complying with the old 2257 laws, which many did not even bother to comply with. i know it is a pain, it takes a great amount of time, but the smart webmaster will cover his own ass. today its this thing. tommorrow it could be another. always back up your play. keeps three sets of records for everything.

one in the office, one at home and one in storage. back up your email exchanges. prove everything. just as if you are dealing with the irs... which most of us have been so the transition is not that hard (at least the expences and reciepts are all together and in order). the most uncomfortable part of the new law, for most, is having to post a street address and corperate name or identity. i know most are sole proprietor's and public exposure is most unwelcome. i guess the law makes one step up and be accountible. which wouldn't be so bad if we could make the politicians accountible too.

i do not mean to appear down on the FSC. anyone that promotes freedom is a friend of mine. but a rose is a rose is a rose... everything else is just semantics...

now... please excuse me. i haven't updated my sites in three weeks because i have been busy adding 2257 links to content sets and i only have a few 10,000 pages to go... so i must run along now...

time waits for noone and it won't wait for me... good thing time is on my side...