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Feds' Porn Ultimatum
NY Post ^ | August 19, 2007 | By JANON FISHER

Posted on 08/19/2007 6:21:50 PM PDT by ellery

Ron Jeremy, Jenna Jameson - get ready to stand and be counted.

The Department of Justice wants to come up with an official list of every porn star in America - and slap stiff penalties on producers who don't cooperate.

The new rules, proposed under the Adam Walsh Child Safety and Protection Act, would require blue-movie makers to keep photos, stage names, professional names, maiden names, aliases, nicknames and ages on file for the inspection of the department's Child Exploitation and Obscenity Section.

"The identity of every performer is critical to determining and ensuring that no performer is a minor," according to the new proposal.

The adult film industry plans to challenge the new rule as a violation of the First Amendment, said Paul Cambria, a lawyer for Hustler and other adult film companies.

He sees it as a way to harass legitimate stag-film producers.

"If they can't get you for obscenity, they'll get you for violating record-keeping," he said. Such a violation would carry a five-year penalty.

The proposed rule would require porn producers to give the title of the video or magazine, or the Web address where the actor appears.

The Department of Justice has shown some sensitivity for the performers' privacy, however. All information not essential to proving their age and identity, like phone numbers and addresses, can be withheld.

Distributors of foreign pornography aren't off the hook - they must still produce a copy of the foreign actor's identification card. The department estimates that there are 500,000 Web sites, 200 DVD producers and 5,000 businesses nationwide that would be subject to the new rule.

-snip-

(Excerpt) Read more at nypost.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: bigbrother; doj; firstamendment; govwatch; porn; pornography; pr0n; privacy
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To: SteveMcKing

Weird is a mere matter of perspective. :)


141 posted on 08/19/2007 10:58:38 PM PDT by ellery (I don't remember a constitutional amendment that gives you the right not to be identified-R.Giuliani)
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To: goldstategop

“There’s no right in the Constitution to produce obscene material. “

You are correct, as far as you go... Trouble is, you didn’t go anywhere near where you should be... There are NO RIGHTS WHATSOEVER in the Constitution. What there is are serious and severe limitations on the authority granted to GOVERNMENT. And I see NO authority granted to government to regulate or prohibit the production, sale, ownership or viewing of images of a sexual nature. So fedgov has not a single legitimate leg to stand on with respect to this issue. Too bad, as I had started to think of you as a rational conservative, not a whiny, knee-jerk statist. Who gets confused as to the rightful and legitimate place government actually has in our Constitutional Republic.


142 posted on 08/19/2007 11:03:39 PM PDT by dcwusmc (We need to make government so small that it can be drowned in a bathtub.)
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To: ellery

When guns are outlawed, only outlaws will have guns.

Same shiite, different day...


143 posted on 08/19/2007 11:04:33 PM PDT by papasmurf (<<<<< Click there to see my dogs! Oh, and I have FRed one liners, too.)
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To: Marie2
Bad example.

Bad analogy.

Bad syllogism.

Stealing and robbery are not vices - they're crimes! There's a big difference.

For a mundane example of what constitutes a vice, I could offer up enjoying a Cuban along with a distinguished cognac in the evening. Or my horrible addiction to the 3 Stooges.

You know, stuff like that.

Here's what Dictionary.com offers up for the word vice:

1. an immoral or evil habit or practice.

2. immoral conduct; depraved or degrading behavior: a life of vice.

3. sexual immorality, esp. prostitution.

4. a particular form of depravity.

5. a fault, defect, or shortcoming: a minor vice in his literary style.

6. a physical defect, flaw, or infirmity: a constitutional vice.

7. a bad habit, as in a horse.

8. (initial capital letter) a character in the English morality plays, a personification of general vice or of a particular vice, serving as the buffoon.

Do you really think engaging in a violent bank robbery is merely a bad habit?

This is the thing about trying to legislate morality. One man's meat is another man's poison. Just because you don't like it doesn't mean everyone else joins you in that view. And not everyone who disagrees with you is a major league porn addict. Probably very few, if any, are.

We don't like moralistic busybodies trying to tell us how to think. If you don't like it, fine. I have no problem with that. Don't buy it and bring it into your home. That is your right, your prerogative.

Telling me or Joe Shlabotnik we can't have it either, because you don't like it is a no-no. Sorry.

Next thing you'll be telling me is that the Cuban and the wine is off-limits, too. Then I'll really be pissed off.

Efforts to legislate morality are doomed to failure because they go against human nature. It's an outside agency trying to tell people how to live, under rubric and force of law, when we don't even know if those who are telling us how to live abide by the selfsame strictures.

Experience has shown us that most times they don't. Society has been led down this primrose path many times before, and as Laura Ingram points out in a slightly different context, the paternalistic bigots think we're still the same old stupid rubes who'll buy this dog and pony show once again.

That may or may not happen, but in an era when Constitutional restrictions on government expansion at the expense of liberty for the common man, who is still yet a citizen, are being swept away by the courts, this is not the time to be embracing yet another power grab by Big Brother just because you think it is "moral".

Like I said earlier, if you don't want this stuff in your world, then don't bring it in. End of problem.

Just don't try to thrust what you perceive as your morals onto me, or anyone else, by dint of legislative force.

You are your own censor, and that's how it should be.

You're not my censor, and you should never, ever get the idea that you are.

And that's the way that should be.

CA....

144 posted on 08/20/2007 12:00:34 AM PDT by Chances Are (Whew! It seems I've once again found that silly grin!)
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To: uglybiker

that picture is more pornographic than anything ron jeremy ever made. at least you had the decency of not posting hillary in a swimsuit.


145 posted on 08/20/2007 12:03:12 AM PDT by JohnLongIsland
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To: ellery
The free speech coalition is opposing this, and has gotten a preliminary injunction against some of the provisions.
146 posted on 08/20/2007 1:30:13 AM PDT by amchugh (large and largely disgruntled)
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To: Popocatapetl
"It sounds like they are pandering to conservatives. And they are"

They are pandering to the religious right and soccer moms. Conservatives see this for the nanny state-ism it is.
147 posted on 08/20/2007 5:04:21 AM PDT by tfecw (It's for the children)
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To: goldstategop
From what I read this law applies to pornography not obscenity ...and also appears to have nothing to do with the "content" of the films ...
148 posted on 08/20/2007 5:15:36 AM PDT by SubGeniusX ($29.95 Guarantees Your Salvation!!! Or TRIPLE Your Money Back!!!)
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To: Mr J

So jobs are getting offshored, the borders are porous, Iraq’s a mess, the stock market’s tanking, and the Feds think the number one threat to America is Jenna Jameson’s boobs. :-\

Bingo!


149 posted on 08/20/2007 5:16:53 AM PDT by mountaineer1997
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To: County Agent Hank Kimball

“You are mistaken.”
On the Larry King show he advocated the beheading of drug dealers. He also said he was giving up gambling when the story came out. Funny how he said he was not a hypocrite on this issue, then he quits this activity, I guess he saw the conflict of interest. He is also involved with the group Empower America which opposes the spread of gambling. My point is once again that most of these self appointed virtue leaders usually have some skeletons in their closet.


150 posted on 08/20/2007 5:25:57 AM PDT by hodaka (')
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To: GovernmentIsTheProblem

but they can figure out where all the porno actors/actresses are?

Government stupidity on display. Illegals first, then porn stars I say. BTW, they seem to have a handle already on child porn, due to the internet search for those involved. What this looks like is a search for TEEN porn stars, under the age of 18, and I thought studios were already certifying the status of the actors. Isn’t actor an ironic choice for a description?


151 posted on 08/20/2007 5:41:00 AM PDT by wita (truthspeaksi@freerepublic.com)
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To: AnnaZ

It’s hard to tell what’s real and what’s not.


152 posted on 08/20/2007 5:47:37 AM PDT by DungeonMaster (concerning His promise.....not willing that any (of whom?) should perish but that all...)
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To: ellery

Actually, I believe that something like this, although maybe not quite so detailed, is already required under federal law.

But I have no doubt that the additional details are there for harassment. And I’m not crazy about coming up with a “national registry” of anyone, with the exception of convicted criminals.

Mark


153 posted on 08/20/2007 5:51:39 AM PDT by MarkL (Listen, Strange women lyin' in ponds distributin' swords is no basis for a system of government)
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To: Perdogg
I thought they were already required to do so under 18 U.S.C 2257.

The act extensively amends USC 2257. Bill text. I skimmed through it. I don't have time to study it for all implications, but I do see one significant change, where

(3) the term “produces” means to produce, manufacture, or publish any book, magazine, periodical, film, video tape, computer generated image, digital image, or picture, or other similar matter and includes the duplication, reproduction, or reissuing of any such matter, but does not include mere distribution or any other activity which does not involve hiring, contracting for managing, or otherwise arranging for the participation of the performers depicted; and
gets changed to
(2) the term `produces'--
                    ``(A) means--
                          ``(i) actually filming, videotaping, 
                      photographing, creating a picture, digital image, 
                      or digitally- or computer-manipulated image of an 
                      actual human being;
                          ``(ii) digitizing an image, of a visual 
                      depiction of sexually explicit conduct; or, 
                      assembling, manufacturing, publishing, 
                      duplicating, reproducing, or reissuing a book, 
                      magazine, periodical, film, videotape, digital 
                      image, or picture, or other matter intended for 
                      commercial distribution, that contains a visual 
                      depiction of sexually explicit conduct; or
                          ``(iii) inserting on a computer site or 
                      service a digital image of, or otherwise managing 
                      the sexually explicit content, of a computer site 
                      or service that contains a visual depiction of, 
                      sexually explicit conduct; and
                    ``(B) does not include activities that are limited 
                to--
                          ``(i) photo or film processing, including 
                      digitization of previously existing visual 
                      depictions, as part of a commercial enterprise, 
                      with no other commercial interest in the sexually 
                      explicit material, printing, and video 
                      duplication;
                          ``(ii) distribution;
                          ``(iii) any activity, other than those 
                      activities identified in subparagraph (A), that 
                      does not involve the hiring, contracting for, 
                      managing, or otherwise arranging for the 
                      participation of the depicted performers;
                          ``(iv) the provision of a telecommunications 
                      service, or of an Internet access service or 
                      Internet information location tool (as those terms 
                      are defined in section 231 of the Communications 
                      Act of 1934 (47 U.S.C. 231)); or

[[Page 120 STAT. 626]]

                          ``(v) the transmission, storage, retrieval, 
                      hosting, formatting, or translation (or any 
                      combination thereof) of a communication, without 
                      selection or alteration of the content of the 
                      communication, except that deletion of a 
                      particular communication or material made by 
                      another person in a manner consistent with section 
                      230(c) of the Communications Act of 1934 (47 
                      U.S.C. 230(c)) shall not constitute such selection 
                      or alteration of the content of the communication; 
                      and
            ``(3) the term `performer' includes any person portrayed in 
        a visual depiction engaging in, or assisting another person to 
        engage in, sexually explicit conduct.''.
This change, particularly (2)A(iii) has implications for websites that host content that might be covered under the act, or links to such content
154 posted on 08/20/2007 5:59:45 AM PDT by PapaBear3625
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To: ran20
Funny thing is porn is becoming one of America’s best industries. I read once it could be a 94 billion dollar business. Way way bigger the Hollywood. So of course the government is going to go after it, and try to drive it offshore.

Here, let me fix that last line...

So of course the government is going to go after it, and try to drive it offshore get a bigger cut of the profits.

As we've seen over and over again, once an industry or company becomes REALLY profitable and cash-flush, the government will decide that just the taxes used to collect funds won't be enough... Hence things like the tobacco settlement. We'll eventually see additional "vice taxes" on porn, in order to squeeze more money out of the industry.

Mark

155 posted on 08/20/2007 6:07:49 AM PDT by MarkL (Listen, Strange women lyin' in ponds distributin' swords is no basis for a system of government)
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To: hodaka

I also believe that most states and religions look at gambling as a vice, and immoral.

...and that would be why many states are involved in some way with lottery, Bingo, or outright gambling of some sort. As long as they are in control it isn’t a vice, or immoral. Such blatant hypocrisy.


156 posted on 08/20/2007 6:45:51 AM PDT by wita (truthspeaksi@freerepublic.com)
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To: MistrX

And how was Dr Scott a visionary?


157 posted on 08/20/2007 7:13:03 AM PDT by MHGinTN (You've had life support. Promote life support for those in the womb.)
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To: Gabz

Agreed. Whatever consenting adults want to do with other consenting adults is fine with me, but keep your mitts off my kids, or you’ll have one big old angry Mama Bear on your @ss!

(And leave animals alone too, you freaks, LOL!)


158 posted on 08/20/2007 7:15:25 AM PDT by Diana in Wisconsin (Save The Earth. It's The Only Planet With Chocolate.)
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To: Perdogg
I am not sure what the problem is. It just requires that film makers keep records available for inspection. I thought they were already required to do so under 18 U.S.C 2257.

Yeah, but this time, the law they are writing which is nearly identical REALLY MEANS IT.

Bush is a buffoon. With illegals flooding the country, this is his priority.

159 posted on 08/20/2007 7:16:14 AM PDT by Lazamataz (JOIN THE NRA: https://membership.nrahq.org/forms/signup.asp)
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To: Diana in Wisconsin
And leave animals alone too, you freaks

If you tell them that, no one will ever sleep with me.

160 posted on 08/20/2007 7:17:14 AM PDT by Lazamataz (JOIN THE NRA: https://membership.nrahq.org/forms/signup.asp)
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