ADVISORY TO FREE SPEECH COALITION MEMBERS

[Linkster]

spaz - normally after a law is signed it has a waiting period before it is published in the Federal Register (90 days is what I remember - but dont quote me on it)
Once its published then it becomes law unless injunctions are filed and approved by a judge to prevent enforcement

[spazlabz]

Originally Posted by Linkster

spaz - normally after a law is signed it has a waiting period before it is published in the Federal Register (90 days is what I remember - but dont quote me on it)
Once its published then it becomes law unless injunctions are filed and approved by a judge to prevent enforcement

thats what I thought as well but then i read this from J. D. Obenberger

This law takes effect immediately upon passage. Undoubtedly, its most serious consequences are for the "secondary producers".

and it made me go huh?
of course everyone can check out his website here http://www.xxxlaw.net/


spaz

[Linkster]

Well - I dont know what the effective date is - but the added section (503) which adds in the simulated sex requirements has this statement:
"The provisions of this section shall not become effective until
90 days after the final regulations implementing this section are
published in the Federal Register. The provisions of this section
shall not apply to any matter, or image therein, produced, in whole
or in part, prior to the effective date of this section"

[Bill]

Has anyone come across anything like a plain language explanation of what the secondary producers will have to do to comply, written for secondary producers, and not for lawyers?

I haven't.

[Toby]

Originally Posted by Bill

Has anyone come across anything like a plain language explanation of what the secondary producers will have to do to comply, written for secondary producers, and not for lawyers?

I haven't.

Same as primary producers. I'm sure someone will correct me if I'm wrong, but what this new law does essentially is make anyone that publishes sexually explicit content a producer, no primary or secondary designation, just everyone is a producer and must keep the specified records.

They just keep making 2257 an even bigger mess. It's going to take some time and lots of money for lawyers, but I don't see much chance for most of this law, as it pertains to 2257, holding up under legal challenge. I think we'll see an injunction against this new part too.

I'd guess that it will be the major topic of discussion at the legal seminar during Internext.

[Bill]

That doesn't really answer the questions a secondary producer has to ask...

Is it retroactive?

What is the effective date?

Are there any differences between the records requirements of 2257 and 4472?

Any special specifications for record keeping added by 4472?

Will there be any changes in the types of records content producers provide?

[Toby]

Originally Posted by Bill

That doesn't really answer the questions a secondary producer has to ask...

Is it retroactive?

Good question. I've seen this asked several places, with no answer.

Originally Posted by Bill

What is the effective date?

At least one part of the bill specifies an effective date of 90 days after publication in the Congressional Record, but the wording seems to only apply to that section.

Originally Posted by Bill

Are there any differences between the records requirements of 2257 and 4472?

Any special specifications for record keeping added by 4472?

4472 amended portions of 2257 in regard to the definiton of producer and expanded content covered to include simulated and lacivious (basically it removed the excluded portions of the 2256 definition of Sexually Explicit). It did not address any specific record keeping issues, so no new changes there.

Originally Posted by Bill

Will there be any changes in the types of records content producers provide?

No, what they've been providing shouldn't change. Assuming that what they've been providing complied with the existing requirements.