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2 cents from JP on this, as I use to assist the FBI in criminal investigations in the past (related to cybercrime / information warfare), and have a good bit of experience dealing with them. I've also lectured at both the FBI Headquarters in Washington DC and at the FBI Training Academy in Quantico Virginia.
I feel far too often in the conversations that I've been seeing take place on various boards, that FBI Agents are made out to be "evil" or "the enemy". I think one of the things we as an industry need to do is separate the Career Law Enforcement Agents of the FBI from the politically appointed offices (such as Attorney General).
As a whole, I can say without a doubt, the agents that I came in contact with were some of the most dedicated, devoted, patriotic, self sacrificing individuals that I've ever met in my life. They are intelligent, highly trained, and consummate professionals.
To be honest, I'm willing to bet most agents involved with these "inspections" hate them just as much as we do. I believe there's something very unamerican feeling about the entire inspection process, and I also believe that many of these agents feel that way as well. We're forced to keep the records and make them available, and they're forced to inspect them.
I had the honor on several occasions of meeting many agents from the "Innocent Images" division of the FBI, the group of people responsible for tracking down child pornographers, and I suspect the same group that now has what is probably a forced hand in 2257 as well. These agents dedicate their lives to protection our nation's most vulnerable, and I just have to think that the political pressures surrounding 2257 and the wasted federal resources on it must just infuriate them. They know who the real criminals are, and they certainly know who the real victims are, and anything that would detract from their work must just frustrate them to no end. They don't want to harass anyone, and they don't care about legitimate business, they want to save children who need help, who are being hurt and scarred for life.
I had one agent tell me once that she always felt guilty taking days off, because she knew that every minute she wasn't working to find these abused children, is another minute that they're forced to endure that abuse. Do you think she cares about 2257 records inspections and harassing the adult industry? I certainly don't.
As for our company, we keep all of our records in a database. While it's certainly possible for DVD producers to keep their records in paper form, I honestly see NO WAY that anyone who publishes content on the web could POSSIBLY do the types of URL cross referencing and the like that is required via paper format. The sheer volume of that task combined with the dynamic nature of web development I believe commands electronic records.
Are our records 100% perfect? Who the hell knows. We're doing our best to abide by the letter and spirit of the law, have all of our records, and that's all that we can do. While the ridiculousness of the statue allows for 5 years in prison for even a minor clerical error, I firmly believe that we'll see nothing like that play out in the form of actual prosecutions. I firmly believe those will be reserved for companies and individuals who have shown total contempt for the law, and probably deserve to sit in prison for a host of other issues on top of what would be charged from the 2257 statute.
I can tell you one thing for certain:
If we do happen to be unfortunate enough to go through an inspection, I won't be making an effort to make the agents responsible uncomfortable, or inconvenienced. They won't be forced to work in 150 degree heat, or treated with other similar contempt or disrespect.
In fact, it will be the exact opposite.
That all being said, I do want to mention those that I DO hold contempt for, and that is the politicians and political appointees who have ignored what the field agents have told them, ignored what the adult industry has told them, and ignored what legal scholars have told them. Frustrating efforts to track down and prosecute those who are abusing children, to appease a conservative base by harassing legitimate industry, is a defenseless act.
I will continue to support the FSC in their efforts and hope that they prevail against this ridiculous statute, and I have a hunch many on the "other side" are secretly hoping for the very same.
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