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Alphawolf, you appear to be correct. Y'see, the performer would be working without permission in the US, and didn't pay taxes on their earnings.
Now, this will once again be a point that will be argued in court, basically because the government adjusted the standards "after the fact". It could (and likely will) be argued that content producers had no way to know which documents were correct, that no guidelines were in place before June 23rd, 2005, and as such, all content shot before that date should be exempt from new ID rules.
They would likely win.
Alex
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