18 U.S.C., Section 2257 and Privacy Concerns

[Slade]

We have just received a letter from the office of Jeffrey J. Douglas, Attorney for Jet Set Productions and Marina Pacific, in response for 2257 Documentation. The letter says;

Despite General Gonzalez' efforts at reviving the concept of "secondary producers" in the most revent version of regulations in support of 18 U.S.C., 2257, the concept is not supported by the statute itself. The only case addressing the issue, SUNDANCE ASSOCS. INC. v RENO, 39 F.3d 804, 807, (10th Cir. 1998), held that the "secondary producer" requirements of the regulations to be unconstitutional. We rely on that holding, and further decline to violate the privacy of the performing artists by disseminating private data when not required to do so by law".

What he is saying is that Jet Set Productions is NOT going to provide confidential information about their models in the fomr of Model Releases and ID's until such time as the Free Speech Coalition files their injunction against these regulations and the court rules on the merits of the injunction.

Their fear (Jet Set) and ours, is that if they release confidential information about the models and then the injunction is granted and ultimately it is decided that the concept of "secondary producers" is in fact unconstitutional, then Jet Set and any content producer who has released such information, will then be in violation of many of the privacy laws, especially in the State of California.

This, of course, puts all content providers in a real pickle...almost seems that we are damned if we do and damned if we don't'.

I just wanted to bring this up to the group and see what your opinions are on the matter. If you are a purchaser of content, what do you think? And if you are a content provider, what do you think?

For those who don't know, Jeffrey Douglas is a practicing First Amendment Attorney, the Chairman Emeritus of the First Amendment Layers Association and the Chair of the Board of the Free Speech Coaliton so this isn't some lightweight lawyer trying to be a First Amendment Attorney.

Bill

Well..
1)I think the new regs sucks big ones as it's a stalker DREAM, and a potential victim of both identity theft AND personal information worst nightmare.

2)I find it interesting that your attorney said: "Despite General Gonzalez' efforts at reviving the concept of "secondary producers" in the most revent version of regulations in support of 18 U.S.C., 2257, the concept is not supported by the statute itself."

It would be WONDERFUL if the courts found FOR the secondary producers on this part of the regs.

[GLBTcity]

Yeap Bill, that's the one we got too.

It really does put us in a pickle. And everyone (for the most part) that I've talked to is banking on the FSC to get the injunction.

Okay, let's all follow that reasoning... then the injunction falls through and the 23rd is upon us. Then what? It couldn't have been said any better! "You're damned if you do, Damned if you don't".

HOLY BUJEEEZUS this is a freakin' mess.

BTW, it was good to talk to you the other day Bill

Doug aka PapaBear