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Old 2004-08-17, 02:51 PM   #23
lassiter
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Join Date: Aug 2003
Location: Austin, TX
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Quote:
Originally posted by RawAlex
Lassiter, actually, "business hours" are pretty much a weekday non-holiday. There is no way they can ask for a business to be open at all times.

But they are. The old language reads:

Any person to whom subsection (a) applies shall maintain the records required by this section at his business premises, or at such other place as the Attorney General may by regulation prescribe and shall make such records available to the Attorney General for inspection at all reasonable times.

The new language now says:

(b) Advance notice of inspections. Advance notice of record
inspections shall not be given.
(c) Conduct of inspections.
(1) Inspections shall take place during normal business hours and
at such places as specified in Sec. 75.4. For the purpose of this
part, ``normal business hours'' are from 8 a.m. to 6 p.m., local time,
and any other time during which the producer is actually conducting
business relating to producing depiction of actual sexually explicit
conduct.For the purpose of this
part, ``normal business hours'' are from 8 a.m. to 6 p.m., local time,
and any other time during which the producer is actually conducting
business relating to producing depiction of actual sexually explicit
conduct.


I was advised that failure to specifically state "Monday-Friday" meant they probably fully intend to do weekend inspections.

As for the rest, believe me, I fully support your caution. All any of us can do is pay for some good legal advice and try to follow it as best we can. Some of us are gonna gamble that softcore is exempt since it appears to be. Some are gonna gamble that leaving for a webmaster conference (or a pizza) will not happen at the exact time that the DoJ comes calling. Some are gonna gamble that the records they get from the primary producer are in fact legit and not bogus.

I suspect the majority are gonna gamble that it's all irrelevant and keep on doing exactly what they were doing before - and that is certainly the worst thing anyone can do, IMO.
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