Quote:
Originally posted by RawAlex
However, this is more than likely going to violate all sorts of privacy laws, so I expect this one to die a horrible COPA style death... years and years turning in circles in court.
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Maybe so. Two issues here then.
1.) Will a court , as with COPA, issue an injunction against enforcement of this new regulation pending a final decision?
(Plus, to get that injunction, someone with "legal standing" will have to spend some serious $$$ to file that privacy case - meaning a porn model with very deep pockets. How likely is that, I wonder?)
2.) Since this is merely a "regulation" and not an actual congressionally-passed law, does that change the degree of interest the courts might have in issuing an injunction? By that I mean, if the law that gave the Justice Dept. this regulatory authority in the first place is considered constitutional and valid, then I'm thinking that a regulation issued
under that law may well be considered
prima facie valid as well.
I sure hope we as an industry can come up with some way to fight this trend. Ashcroft & company sound like they've figured out that they can simply hyper-regulate us all out of business without even having to deal with the swamp of 1st amendment and obscenity
issues. If the industry can no longer hire models because of privacy and security issues, then even the guys who are crowing now about how this will help "get rid of the unprofessional newbies" etc. are gonna be out of business too. |goodnight