Excellent discussion here. To continue with what RawAlex said...the DOJ probaby at the moment has a group of webmasters earmarked for inspection. These people won't even pass the old regs, let alone the new regs. The DOJ probably also has some CP webmasters in there as well.

They're going to wage a war for 2257 not in the courts, but the court of public opinion first. They go right now and arrest 100 people for CP and say it was the result of 2257. That gets splashed on the news, that gets to be the focal point, when 2257 has little or nothing to do with CP.

The FSC is making it harder in the long run because every inspection, courtcase, etc, that loses to 2257 will only strengthen 2257. Making it even more difficult to fight 2257 later.

I read over the DOJ's response and it was full of attitude and arrogance and insinuations. In general, people I've read tend to think they were backed into a corner, not the other way around based on the tone of their reply.
The speculation on both sides though doesnt do anyone any good. The bottom line is what it is, the plaintiffs wont be subject to inspections until after sept. 7th. Thats really all there is in writing and it's just surprising how polarizing that one simple thing seems to be. Everyone needs to get compliant anyway. The delay may benefit the entire industry and it may not.

I just called the FSC at their new membership number and joined.

I had given money before, when they still had an online donation system. I wanted to wait to join until they had installed a new online credit card system, but I decided to test their new 800 phone number.

The number, for those who don't already have it, is:

1-800-681-0403

A nice lady answered, and the process was painless.

You have to choose between individual, company, and corporation. Individual is $50. Most of us can afford that easily.

She wanted name, address, email address, and a website url if you have one. And the basic dredit card info.

She asked if I wanted to add any comments- I gave her two:

1. Improve the website, particularly adding a system to take money and memberships online.

2. Don't make deals, fight the new regulations in court.

So, the new 800 number works. You can join for $50 as an individual, no questions asked.

I'm totally with Linkster on this. FSC is the closest thing to a professional organization we have. We can fight to change it's attitudes and faults from the inside.

Call now, before 5pm pacific time, and join.

Alex, love ya man, but I think you are wrong on this issue.

I think our best option here in the US is to all join the FSC, and hammer at it untill it acts the way we want it to act.

There is no other organization ready to act politically and legally on our behalf.

FSC has it's faults, but they can be worked on. If they don't improve, we dump them and start again with some other organization.

But, folks, we are at the beginning of a fight that will last many, many years.

We need an offensive weapon. The ACLU is a defensive weapon. Join both the ACLU and the FSC, because we are in for a fight for the right to stay in business.

$50 as an individual, $100 as a business, $300 as a corporation. These are small amounts of money.

Criticise and educate and change the FSC from the inside.

I think that perhaps the FSC could indeed become the advocate for the entire adult entertainment industry, but they have alot of work to do. Their roots are in adult videos and that is clearly where their emphasis still lies.

The only member of the FSC board at this point that represents the online adult industry is Joan Irvine of ASACP, and that organization won't even take a stand on the .xxx TLD issue.

The addition to their staff of former AVN Online editor Tom Hymes as PR Director is a huge step in the right direction, and hopefully they'll give him the resources he needs to get the job done. So far, I've not seen much evidence of that being the case.

The lack of functional online membership payment is inexcusable, and has likely cost them thousands in contributions and memberships.

ASACP has turned into the softest and least effective organization related to the adult industry. The dust bunnies under my desk have more power than these people do.

What a wonderful world.

Alex

Alex - actually the FSC did file for an injunction - it will be heard in August I believe but this was a stop-gap measure until it could be heard - the biggest problem being time - as mentioned (somewhere around here in one of the posts) these legal things in the US take forever to be heard - a TRO - which for those that seem to be misunderstanding legal terms - is not an injunction - its merely a quick fix that only lasts 10 days - and would not have lasted until the injunction could be heard.
When courts schedule hearings its usually done way in the future - from everything Ive read so far the FSC had 3 weeks to write up their full legal briefing - which includes all of the research and reams of paperwork - and with a total time of 30 days for when this law took effect - would not have time to schedule an injunction hearing in time.
If they had gone for the TRO - in addition to its only lasting 10 days - it also would only cover the plantiffs just as this agreement does - thats how it works in the US court system - it worked the same way in COPA and every other 1st amendment case that gets posted about - just this time for some reason, people are noticing it a little more because the FSC is not a volunteer organization like the EFF - it states plainly that it is a trade organization.

Linkster, I clearly understand that a TRO would do. It is within the court perview to extend a TRO until such time as a full injunction hearing can be held.

I also understand that the TRO would only cover the plaintiffs.

That ain't the point.

Right now there is NOTHING NOTHING NADA NOT A STITCH NOTHING on the books that says there is any real restrictions on this new "law". There is an agreement to not move forward for a selected group of people (the "FSC plaintiffs"), but no real restriction or legal issue on the law. There is a hearing for an injunction in August, but in the mean time, the law stands unemcumbered.

A TRO (even if it had to be renewed every 10 days) would put a legal issue out there that would pretty much make actions from the DOJ look pretty bad, ie: there is a TRO, what the heck are you doing bothering other people?.

Now there is nothing.

Now the DOJ can go wild without restriction, at least until August 15th and probably weeks or months beyond that as the legal arguments go on.

As for "time", well, the FSC had AGES to see all this coming. 95% of what they argued in their brief was known since, what, August last year?

If the FSC truly wanted to represent the entire adult webmaster community, they would have long since figured out how to get us all signed up without issue. Just as the time issue above, I have a feeling that FSC wasn't ready in the slightest for this.

Now we should all cut off our heads?

I don't get it.

Alex

I have been discussing this point with friends for a while now. Basic legal protocol is that when a TRO is filed and undecided, the Justice Dept doesn't move forward WITH ANY prosecutions under the law until the matter is settled. Check precedent.

Now, the Justice Dept has a back door and clear breathing room to get around restrictions to prosecutions. Instead of the FSC making it harder for the Feds to prosecute anyone until the challenge is decided in court, they HAVE MADE IT EASIER for them to go after a select, target audience (non FSC members).

So basically, the FSC made a deal with the DOJ that no other civil rights orginization would have.

Why? They siezed control of the debate and we let them. They leveraged the situation so that they controlled the oppositions voice and THEN they said, "no pay, no protection".

This is more about gathering power and resources than it is about defending Free Speech.

Again...I have no beef with FSC members. You are excercising your own right of free speech and making hard decisions to help protect yourselves, your families and your businesses.

It's just a SAD DAY IN AMERICA when you have to pay so that your rights in the USA can be legally protected.

I thought we were better than that. "Silly patriot! Justice is for members only!"

I'll scuttle my own ship, thank you. I'm bright enough to make money other ways.