And just for good measure, this part of the injunction that was filed should help out also:
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And then, of course, there are the search and seizure requirements of the Fourth Amendment that the new regulations specifically violate.

"28 C.F.R. §75.5(a) of the Attorney General’s final rule effective June 23, 2005 authorizes warrantless searches of any establishment, including a home or residential location, where the records required by 18 U.S.C. §2257 are kept," the lawsuit argues. "Plaintiffs have a reasonable expectation of privacy in the private areas of their businesses and in their homes. These investigations are permitted to occur absent any probable cause or particularized suspicion to believe that the records are out-of-order, incorrect, or non-compliant."

The Fourth Amendment reads, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

However, searches under 2257 would be warrantless, unreasonable (since adult material is presumed to be constitutionally protected, absent being declared obscene by a jury), without probable cause, and carried out by Justice Department investigators with no prior judicial oversight.