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Sunday, April 29, 2012

You can go to prison for having 'hot pictures' on your smartphone

In a GFY discussion about the 2257 regulations, Joe Obenberger from XXXLaw pointed out that any American who uses his camera or cellphone to take hot pictures could potentially go to jail for for not complying with the Federal 2257 record keeping requirements.

That's what DOJ said six times when it promulgated the current regs in December, 2008.
... ...
And it applies to everybody, not just to images made for commerce or trade.
That's what the Third Circuit ruled on April 11, echoing what three judges of the Sixth Circuit said a few years back before their decision was vacated en banc.

Joe continued:

As things are now, the average American has no clue about this, and the few who pay attention to 2257 Notices think it doesn't affect them, only the adult industry. Wrong. DOJ is hiding the ball about this - and their invitation for comments - that was supposed to assess the public burden - played games and refused to "certify" its estimate that only 1,900 people in the whole country are affected. Also wrong and deceptive. This has the potential to become a news story that may explode, and that explosion would tend to help the adult industry, especially the online community that was built around kitchen tables and in rec rooms.
That's why I'm demanding a public hearing at OMB. Ordinary folk don't scan the Federal Register looking for their input into obscure federal laws that can put them in jail for doing what is commonly done. No one knows this is a crime, and I'm trying to ring the bell. Let people know and get shocked and maybe the DOJ will get embarrassed in an election year.