A preliminary ruling on the Free Speech Coalition‘s challenge to the amended 2257 regulations seems to indicate that certain restrictions will be lifted, most notably the punishments that mmight be visited upon secondary producers. Under the original amended regulations, webmasters like me would be required to furnish identifying data for all nudie or nudie-esque pictures to prove that children were not being harmed, even if those pictures were supplied to me by someone else or, more realistically, if the subject of the photo was very clearly over 18.
That was my “There’s no way someone under 18, much less 25, could fuck that way” defense.
The Denver-based U.S. District Court judge noted that the FSC et al “have shown a substantial likelihood of success of establishing that the statute and regulations may not be enforced as to secondary producers who are not involved in any activity that involves ‘hiring, contracting for, managing, or otherwise arranging for the participation of the performers depicted. U.S.C. 18 §2257 (h) (3)’.” So, as Murray Head said, “Thank God I’m only watching the game; controlling it.”
A fleet of FSC lawyers will be deployed to the Sands Convention Center on January 5 to discuss the implications of the ruling.
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