This issue of our Legal Bulletin brings you three original, in-depth articles - one about the Government's plan to dismember this industry's court challenge to Section 2257 on privacy grounds - another questioning the continued wisdom of "Do Not Ship" lists still used by some online merchants - and, finally, a very practical article about checking ID.                          All best Thanksgiving wishes to you and yours - JD
Now We Know Why the 2257 Inspections Stopped:  Court Hearing,  Nov. 26
   
   UPDATE: During the afternoon of November 26, 2012, XBIZ and AVN reported that Judge Baylson DENIED the government's motion for partial dismissal of the Free Speech Coalition's Section 2257 case in Philadelphia - relating to the Privacy/Fourth Amendment complaints - ruling that it is the law itself that is on trial, not what the Government says about its plans or what it says about its capability to enforce the law. Having so ruled, the Government's sneaky ruse seems to have failed. Now, the only thing standing between the adult community and renewed inspections may be only the Government's own fear that the scheme is, in fact,  unconstitutional - and that its enforcement leaves its Agents open to some possibility of civil liability for the inspections if the courts ultimtely so determine. - JD 

 On November 26, at 9:30 in the morning, two very bright lawyers will square off before United States District Judge Michael M. Baylson in a high rise courthouse in Philadelphia to conduct a hearing about whether the Free Speech Coalition's constitutional objections to Section 2257 inspections, based on the Fourth Amendment's prohibitions against unreasonable searches and seizures, can go forward - or whether those allegations - and this set of arguments about the 2257 scheme's ultimate constitutionality - will be dismissed. Click here to read more

Do "Do-Not-Ship Lists" Do Any Good?

JDiconA (Small).jpg  It's hard to find any online DVD sales that don't employ a "Do Not Ship" list or a protocol that rejects orders in the background to protect the (expensively-purchased) list from prying eyes - which presumably  protects the operation from the risk of obscenity prosecution. Some lawyers create lists, but they've never made much sense to me and I've been telling that to clients for ten years. I think that they are relatively worthless voodoo. The usual reaction from online merchants hearing that is wide-eyed disbelief that I'd give up an opportunity to bill them for something that I really don't think is worth the bother and sometimes I get a sermonette from adult professionals to the effect that (in the words of one executive at a major player) "very talented industry lawyers came up with these list who are paid to protect their clients." But I don’t think that stands up to any kind of examination. I think that Do Not Ship lists remain because some significant major-player distributors want to feel protected even if it isn't true. Click here to read more

 Check ID Like It Matters.  Check ID LIke a Professional.

    UV image  OK, the performer is standing in front of you waiting for all the niceties to be conducted before his or her best and most enthusiastic services are to be rendered. In other articles, I've covered the forms of identification required by federal law, and in "shooting scripts" given to our annually retaining clients, I've covered the step-by-step methodology you should employ to control a shoot with greatest protection to you and your legal interests. The requirements of legibility and recent and recognizable images in the picture identification document are covered in the Regulations at Section 75.2 (a) (1).

    The ID is tendered to you. How should you check it for validity? Click here to read more

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The XXXLAW Bulletin, Volume XII, Issue No. 1 - November 20, 2012

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