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You know, this thing could become very interesting.
With the 2257 record keeping requirements, if someone can subpoena the records, for the purposes of ID'ing the army guys, would that be legal? Can a military entity subpoena civilian records for purposes of a military investigation or prosecution?
Could it then snowball and the military could subpoena every site's 2257 records in a fishing expedition to find other active duty personnel that have appeared on websites?
I think I would take the bullet and refuse to turn over the records, then fight it out in court whether or not they have the rights to the 2257 docs for any purpose other than to prove the persons were of legal age. I think there are some real privacy and first amendment issues at stake here.
If the DOJ appoints a military prosecutor as a "records investigator", then where does the line get drawn? Does it over-reach the intent of the 2257 regs and therefore become inadmissable in court?
I think Chad has a lot of work to do on this one!
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