ACLU & EFF file amicus briefs on 2257

[tickler]

The big guns are coming out a blazing.

ACLU Brief Supports Free Speech's 2257 Fight
"The purpose of this brief," writes the ACLU's Mary Catherine Roper, with prominent Philadelphia area attorneys Fred T. Magaziner and Kristina C. Evans, "is to expose how the Statute affects the lives of the millions of adult Americans who create or enjoy sexual images as part of intimacy, in communicating with others, to celebrate beauty, or for a host of other reasons. The burdens that the Statute places on these expressions are not narrowly tailored to prevent child pornography."

Even worse, the ACLU brief points out that all sexually oriented images that are "produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce" are also subject to 2257 and 2257A recordkeeping, and "since every camera and camcorder has been shipped in interstate or foreign commerce, the Statute thus applies to all privately made photos and videos, even if they are never distributed to anyone."
http://business.avn.com/articles/37501.html

Anybody who takes naughty pics must do 2257, even if mom & dad never heard of it, and whether they share or not.

EFF Weighs In on FSC's 2257 Lawsuit
"Section 2257 and its associated regulations further run afoul of the First and Fourth Amendments," the EFF argues, "because they authorize the Government to conduct warrantless searches of the home without probable cause and outside of any valid exception to the warrant requirement. ... The Government denies the problem by asserting that every producer of sexually explicit material is a business subject to warrantless inspection. This response stands the Fourth Amendment and its protection of the home on its head. ... The Government cannot, by regulation or legislation, convert Plaintiffs’ homes into businesses to be inspected at the discretion of law enforcement."
http://business.avn.com/articles/37506.html

So they can raid your home claiming 2257 while really looking for other things.

[Trixie]

That's awesome! Truly awesome . . .

[Trixie]

I love this line:

"Even though Congress might disapprove of those who take pictures of their partners' genitalia," the authors observe, "Congress cannot require them to keep photo IDs on file for government inspection, any more than Congress can require those who demonstrate for disfavored causes to register with the government."