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Originally posted by xxxjay
What it would take to comply with this is damn near impossible. I think I'd be better offshore.
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The issue that may just shut me down is that the DoJ apparently is going to now enforce the requirement that both primary and secondary producers must have an actual employee present at the "principal place of business" at all times between 8am and 6pm local time 7 days a week. Even if you're full-time (I'm not), you can't leave for lunch or a doctor's appointment, or any other reason, 'cause if the DoJ shows up for a snap inspection and no one is home, BAM - you're shut down and face up to 5 years in jail.
My own attorney says this language dates from pre-Internet days and was originally meant to apply to XXX video producers and distributors. But my attorney also pointed out that the new regs reemphasize this language, and pointeldy provide NO exception for net-based businesses. He thinks this means they intend to enforce this provision against net businesses, else there would have been an update or modification to the requirement. This is also a regulation, not a law, so if charges were brought under Sec. 2257, it would not be a criminal trial with a jury, but simply a civil hearing in which the only question would be "were you out of compliance or not?" Constitutional issues or the general unfairness of the rule would probably not be allowed to be considered by the judge.
So if you're not big enough to hire a full-time employee or two yet, that will actually work from the same office the 2257 records are kept, you are running a very big risk by even leaving for an hour or two, even on weekends.
