another 2257 inspection

and please note that even though the studio is an fsc member, the fbi did inspect their secondary records as well as their primaries.

"CHATSWORTH, Calif. — The FBI conducted a 2257 records inspection of Pure Play Media this morning, CEO Richard Arnold told XBIZ.
Five FBI agents visited the Pure Play offices with their own equipment and a list of titles to inspect.

“With the help of our attorney, we keep all our ducks in a row in regard to our 2257 files,” Arnold said. “The FBI seemed to be very satisfied with our records, they were courteous and friendly. The agents brought a list of titles and some copying equipment. It seemed like they were impressed because our 2257 records are in pretty good shape.”

Arnold declined to mention the titles on the FBI’s list.

Pure Play Media employs a full-time staffer to maintain the company’s 2257 records.

Pure Play Media is both a primary and secondary producer of adult films, and Arnold said the agents inspected records from both types of productions. Pure Play Media is a member of the Free Speech Coalition and its secondary producer records should be exempt from federal inspection via an injunction the FSC won for its secondary producer members in December.

Pure Play Media mostly functions as a distribution house for production studios that include Asia Bootleg, Cousin Stevie, DanniHardcut, Erotic Media, Hundies, Naughty America, Private, Score, Seymore Butts, Suze Randall and Swank Digital.

The other companies that have been subject to 2257 records inspections are Evasive Angles, Darkside Entertainment, Legend, Sunshine Films, Robert Hill Releasing, Sebastian Sloane Productions and Diabolic. The FBI’s inspection of Bethlehem, Pa.-based Sebastian Sloane Productions was prompted by an unrelated search warrant."

http://xbiz.com/news_piece.php?id=18176

And here was me thinking things had quietened down....

I don't know, but I would guess that the FBI is using the passage of 4472 to get around the FSC injunction on secondary producer records.

4472 eliminates the differences between primary and secondary producers and requires all publishers to maintain records on any content they display.

So basically, what im gathering from the last few inspections is that while the FSC promised everyone who joined by a certain date they would be exempt from inspections...

The reality of it is, just like many of us said, they were talking shit at the time just to get webmasters to part with their money.

At the same time, there has been no news of the FSC going back to the judge who granted the TRO and asking for it to be enforced, in fact, from what i gather, there has been no news at all in respect of the FSC and the 2257 issue for a good few months now.

Interesting.

Regards,

Lee

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Originally Posted by Lee

So basically, what im gathering from the last few inspections is that while the FSC promised everyone who joined by a certain date they would be exempt from inspections...

The reality of it is, just like many of us said, they were talking shit at the time just to get webmasters to part with their money.

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I don't think that's the case. The injunction was granted and is still in effect regarding all of the issues related to the 6/23/05 2257 regs. However, the new regs, tacked onto the Adam Walsh Child Protection Act (now who is going to vote against THAT?) effectively gutted the secondary producer injunction by creating a new law that resolved the ambiguity created by Sundance vs Reno, which was the case that struck down the secondary producer requirement.

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At the same time, there has been no news of the FSC going back to the judge who granted the TRO and asking for it to be enforced, in fact, from what i gather, there has been no news at all in respect of the FSC and the 2257 issue for a good few months now.

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This I completely agree with. I really have no idea why nobody's done anything about 4472, or followed up on enforcement of the TRO. I know they've had a staff turnover, and I've always had the impression that the attorneys working for FSC treat it as just another paying client... which to me is a bit of a money grab. Perhaps I'm wrong and they are heavily discounting their rates, but I've never seen any indication of that.

I don't think the FSC is a very effective organization in its present form, but, sad to say, it's the closest thing we have at the moment to an industry trade association. And if ever an industry *needed* a trade association, it's ours. Perhaps new leadership there will make a difference, or perhaps people will start up a new group. But in part, I think it's the self-centeredness and short-term thinking of many of the players in the industry that prevent a large, well funded, effective trade group from coming into being.

the fsc HAS made comments:

"LOS ANGELES — Free Speech Coalition Chairman Jeffrey Douglas told XBIZ he believes that the FBI has violated a court-ordered injunction designed to protect FSC members who are defined as secondary producers.

The alleged violations occurred when FBI agents inspected the records of secondary producers Robert Hill Releasing, Legend and Pure Play Media.

While the FSC has publicly remained silent about what it believes to be violations of the injunction, Douglas assured XBIZ that the FSC legal team is working behind the scenes.

“Free Speech Coalition is taking a two-pronged approach to these violations,” Douglas said. “We are currently engaged in communications with the Justice Department to see if they will agree to temporarily stop the inspections, and hopefully we can reach an agreement. If these good-faith talks do not progress, we will ask the judge to enforce his order.”

Prior to the Legend inspection, the FSC informed the lead FBI agent in charge of 2257 inspections that the inspection of Robert Hill Releasing was in violation of the injunction, according to Douglas. FSC sent a letter to Justice after the Legend inspection, which was the second company with to be inspected with secondary producer status, which would have allegedly violated the injunction. Since Legend, the FSC has been involved in negotiations with the FBI to halt inspections until these issues are resolved.

Legend had a letter that was presented to the FBI before it began inspections explaining its secondary producer status.

Douglas further cautioned members of the adult industry to not resist what the FBI demands at any point during an inspection under any circumstances.

“The FBI orders in the nicest possible way,” Douglas said. “It would be a grave problem for someone to refuse what the FBI demands even if what he or she asks for is illegal. The courts will decide that. It’s in no one’s advantage to refuse access. If you think the FBI is conducting an illegal records inspection, the best approach is to document it. Immediately have your lawyer notify the FBI while the agents are there. All companies should have a letter to present to the FBI explaining that its secondary producer records are exempt citing the injunction, but that you will still supply the agents with whatever records they need to complete the inspection.”

Douglas refused to issue a timetable for resolution, but he said the FSC understands the gravity of this issue, which must be resolved quickly because other secondary producers could be inspected in the meantime. While he stopped short of employing scare tactics, Douglas sounded slightly unnerved that the FBI and Justice have treated the letter of the law in such cavalier fashion.

“We want this to be resolved in the short-term future,” Douglas said. “The FSC is making a good faith effort to resolve what we feel are violations by agents of the federal government. No one should feel safe because the FBI and Justice are not following the law.”

Douglas also believes that the FBI has created a large legal quandary for itself by violating the injunction because “if we are to assume that a judge agrees that these inspections violate the injunction, I think it’s unlikely that Justice will succeed in any prosecution based on these inspections.”

After mid-term elections saw many socially conservative Republicans voted out of office, Douglas recognized an immediate benefit to the landscape of politicians that stand opposed to the adult industry.

“If the best short-term benefit to the mid-term elections is that the primary force behind aggressive enforcement of 2257 came from a small cadre of ideological Republicans in the Senate and House,” Douglas said. “Without those individuals in power to threaten, hold hearings and generally humiliate, and with the Democrats in power, this means that the primary impetus to enforcing a law that is pointless, unconstitutional and utterly stupid, dissipates.

However, Douglas cautions that if the Democrats can’t hold onto both houses in two years, it will be a very short-lived victory."

http://www.xbiz.com/news_piece.php?id=18200

Quote:

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Originally Posted by basschick

Douglas refused to issue a timetable for resolution, but he said the FSC understands the gravity of this issue, which must be resolved quickly because other secondary producers could be inspected in the meantime.

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I think he should have his name changed to George Bush LOL

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While he stopped short of employing scare tactics

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That will be a first haha ;)

In essence, he hasnt really said anything other than, 'yeah we know whats been going on'.

Regards,

Lee

Lee, with all due respects in regards to the FSC... what would you rather see happen? You seem to be against them but what do we have as an alternative?

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Originally Posted by DonMike

Lee, with all due respects in regards to the FSC... what would you rather see happen? You seem to be against them but what do we have as an alternative?

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Don,

No offence but even now, we cant even look at an alternative because we have nothing at the present time.

What has the FSC done other than ask the 'industry' it has been self appointed to represent for money?

Visa... Do we have a resolve with that?
Acacia... Do we have a resolve with that?
2257... Do we have a resolve with that?

Thats 3 for 3 right now ;)

Granted we have TRO that isnt being enforced, im sure thats reassuring everyone who joined on the premise that joining the FSC would mean they wouldnt be inspected LOL

In essence, they havent done anything other than bilk the industry out of hundreds of thousands of dollars as far as i can see at least.

Some of their founding members and attorneys even supported the .XXX TLD proposal that would have in effect ghetto-ized online porn, yep, that sure sounds like they are looking after all of our best interests :)

Regards,

Lee

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Originally Posted by Lee

2257... Do we have a resolve with that?

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Im just curious Lee, do you think that publishers of porn shouldnt have to have proof of age on file?

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Originally Posted by marcjacob

Im just curious Lee, do you think that publishers of porn shouldnt have to have proof of age on file?

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Nope, they should keep records that prove the age of their models.

Regards,

Lee

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Since Legend, the FSC has been involved in negotiations with the FBI to halt inspections until these issues are resolved.

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Arnt they talking to the wrong people ? I would assume that decision is a DOJ one not and FBI one, they are just the street people carrying out the orders.

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Granted we have TRO that isnt being enforced, im sure thats reassuring everyone who joined on the premise that joining the FSC would mean they wouldnt be inspected LOL

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this is more scarey than NOT having a TRO, cause if you are not uptodate with the 2257 because you assume you are under the secondary producer blanket of the FSC then get an inspection you may well end up in a jail cell. and the thousands and thousands in lawyers fees and charges and lost income and removal of your property to deal with. Even if it is sorted out a year down the road, cna you imagine how devistating it would be to you ?

a LOT of people joined the FSC in an incredible rush to get under that TRO before the deadline at the time - do you remember all the complications because so many people tried to join in just a few days?

since being protected by the FSC TRO is the only reason a lot of people joined, it appears they didn't get their money's worth but they were in a panic and didn't find out what happens if law enforcement ignores a TRO. mind, i'm not saying there is no other reason to join the FSC , but i can't see that talking to the DOJ or the FBI will have the same effect as talking to the judge since talks aren't binding...

just my opinion.

Quote:

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Originally Posted by Lee

So basically, what im gathering from the last few inspections is that while the FSC promised everyone who joined by a certain date they would be exempt from inspections...

The reality of it is, just like many of us said, they were talking shit at the time just to get webmasters to part with their money.

At the same time, there has been no news of the FSC going back to the judge who granted the TRO and asking for it to be enforced, in fact, from what i gather, there has been no news at all in respect of the FSC and the 2257 issue for a good few months now.

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The FSC is not happy about this latest inspection, as you may suspect. They're on it.

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Originally Posted by XXXWriterDude

The FSC is not happy about this latest inspection

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Oh okay, what about the TWO before this one?

Im guessing this latest company to be inspected actually spent more than the other two which is why it took an inspection of their records for the FSC to actually take their thumbs outta their asses and start thinking about what was going on.

Regards,

Lee

No one has gone to jail or been fined yet, right? Was GGW targeted for inspection by the DOJ or did their troubles arise out of a model complaint?

Quote:

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Originally Posted by Lee

Oh okay, what about the TWO before this one?

Im guessing this latest company to be inspected actually spent more than the other two which is why it took an inspection of their records for the FSC to actually take their thumbs outta their asses and start thinking about what was going on.

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Lee, they weren't happy about ANY of the inspections. They are, in fact, trying to get the government to halt all 2257 inspections. (See story on AVN Online: http://avnonline.com/index.php?Prima...tent_ID=278754)

I know you have your qualms with the FSC, but from what I have seen, they are one of the few organizations who are out there fighting for our right to keep doing what we do.

What are YOU doing about it, besides criticizing everyone else who isn't doing it YOUR way?

I actually e-mailed them (FSC) the other day and today i got a response...

"Hello, Zac:

Thank you for your valued feedback about the concerns and issues facing FSC and our members around 2257 "secondary producer" inspections. We're aware of the breach of the injunction by the Government and taking action to address it directly with the FBI and the Court.

I attach (see below) a Press Release that was released as of last Friday. It probably hasn't yet appeared in press because of its newness, but you can see that we're on it and doing what we can to hold the Government accountable. Rest assured, we will not sit idly by and watch the court injunction we have worked so hard to get be tromped upon without notice. We're also aware that the new HR 4472 legislation is a potential challenge to members and our legal team is already taking proactive steps to stay ahead of that in the event that 2257 is rendered moot at some future time.

Please know that we do all that we can to positively impact our members' businesses. We appreciate your feedback. Please feel free to share this Press Release as you wish to inform other members and/or others who may be wondering.

We hope that you also recognize that, aside from litigation, FSC is continually engaged in lobbying (often quietly on Capital Hill and in California) to try to avert potentially damaging legislation before it begins (successfully much of the time), and in public education to help promote positive images of our industry. In fact, just last week, we were featured nationwide in a Spanish t.v. program on the nationally-syndicated station, Univision. We're routinely writing, or appearing or otherwise representing the industry around the country and, in fact, around the world, such as in New Zealand during the .XXX issue at ICANN's annual conference there.

New services to members will be launched in January, '07. Look for those in the upcoming Free Speaker, to be published in about December, '06.

We hope you're finding great value through your FSC membership. If you have other feedback or suggestions, please feel free to contact me and I will be happy to do what I can to address your ideas.

Best Regards,

Scott L. Lowther"