FSC Launches 2257DONATE.com

Free Speech Coalition (FSC) has launched a fundraising website, 2257Donate.com, to raise money for the continuing legal effort against 18 U.S.C. § 2257, the federal regulations governing recordkeeping for adult producers.

FSC has challenged 2257 on behalf of industry stakeholders, contending that the regulations represent an unconstitutional invasion of privacy for performers. The impossible-to-comply-with regulations that burden producers also would imprison and fine producers for even slight errors in recordkeeping procedure.

The current suit filed by FSC is in the discovery phase and has been “fast-tracked” by the courts, so that it may be heard as early as June. Attorney J. Michael Murray is representing Free Speech Coalition.

“A successful outcome to this litigation will save millions for adult companies who do business online,’ said Diane Duke, FSC Chief Executive Officer. “Additionally, it will eliminate the threat of jail time for even the slightest of 2257 violations, from incorrect font size on your website, to misfiling of a document. This is our last opportunity to overturn this oppressive and misguided regulation.

“But FSC can’t afford to do this alone,” Duke added. “We need to raise $300,000 in the next few months to fund this successful effort. We need your help. Please give, and please give generously.”

FSC is asking that all industry members – companies, producers, performers and fans – please, donate to fund these legal efforts so that the trial may continue. If current regulations are struck down, it will be a major victory for the rights of producers, performers, distributors and the adult industry overall.

Kink.com founder and FSC Board member Peter Acworth has been working diligently to help with fundraising efforts, and his company has donated $20,000 to the legal effort.

“I am deeply concerned about 2257,” Acworth said. “Just one issue is that 2257 requires a primary producer to share a performer’s personal information and ID’s with secondary producers (‘Secondary Producer’ means ‘anyone with a website’.). This is a clear violation of model’s privacy rights. Moreover, 2257 is impossible to comply with for a live cams product and overly burdensome even for the primary producer. Please let’s stay active during lull in 2257 inspections, and defeat 2257 while there is still a chance.”

Online Buddies, Inc./Manhunt.net co-founder Jonathan Crutchley also voiced concern over the fate of 2257 litigation and the potential for harm that may result from stopping the current lawsuit.

“Adult industry business should unite to beat this regulatory scheme,” Crutchley said. “Though there have not been recent prosecutions, if 2257 is not struck down, the door will always be open for legal action against producers and the threat of privacy violations against performers.”

All contributors that wish to be recognized will be named on the 2257Donate.com site. For more information about 2257 or how you can help, please contact Diane Duke at (818) 348-9373 or diane@freespeechcoalition.com.

FSC Responds to DOJ Call for Comments on 2257

Free Speech Coalition (FSC) has responded to a call by the Department of Justice (DOJ) for comments on 2257. A letter was sent to the DOJ on Tuesday in order to be ahead of Wednesday’s deadline for comments.

The action follows last week’s victory in the Third Circuit court of appeals, of the most recent 2257 lawsuit filed by FSC and 13 other plaintiffs. Last Monday, FSC received news that the court ruled to reverse the dismissal of the case, allowing the suit to continue in district court.

“Of course we hope that our comments and the comments of others will be taken in to consideration, but history suggests otherwise,” said FSC Executive Director Diane Duke. “That is why FSC was compelled to file suit against the Federal Government on the issue of 2257 and 2257A. Hopefully our recent win will bring us closer to resolution. Special thanks to Reed Lee, Lorraine Baumgardner, Michael Murray and Jeffrey Douglas for their excellent work in drafting our statement.”

The letter details objections to the burdens placed on primary and secondary producers by 2257 and 2257a regulations, which govern age verification record-keeping for adult content producers.

FSC has opposed 2257 regulations since 2005, when the regulations were enacted, and continues to voice opposition on behalf of adult industry producers. Attorneys J. Michael Murray and Lorraine Baumgardner represent FSC and other plaintiffs in the current case filed against the DOJ. The suit, if successful, would strike down the current regulations, which place considerable burdens on producers to be in compliance, and which also presents a danger to the privacy rights of adult performers.

To see a copy of the letter, click here 2012comments-2257A-final

2257 Decision Reversed on Appeal in Third Circuit

Free Speech Coalition (FSC) received news this morning that it won the appeal to the U.S. Third Circuit Court of Appeals, overturning an earlier District Court decision to dismiss the suit challenging the constitutionality of 18 U.S.C. § 2257 and 2257a. This allows the lawsuit to continue in the District Court.

The suit was originally filed by FSC and 14 other plaintiffs.

This decision represents a significant victory for FSC, the other plaintiffs and their attorneys, in opposing the regulations governing age verification record-keeping for adult producers and adult performers.

“FSC would like to thank our attorneys Mike Murray and Lorraine Baumgardner for their incredible work on this case thus far,” FSC Executive Director Diane Duke. “This decision is critical in three ways – it was unanimous, it supports the arguments that FSC has made all along and it supports the 4th amendment question included in our most recent challenge to 2257. This is a very important next step in our work to eliminate the burden from the adult industry of this onerous regulation.”

Attorneys Murray and Baumgardner represented FSC and the other plaintiffs in the suit, which challenged 2257 and 2257a on grounds that the regulations violate the First Amendment rights of adult producers and threaten the privacy rights of adult performers.

“We are thrilled today with the victory today, in the Third Circuit, reversing the District Court’s decision dismissing constitutional challenges to 2257 and 2257a,” said Murray. “We’re excited the Third Circuit agreed the First and Fourth Amendment claims are worthy and we’re looking forward to returning to District Court, where we’ll be in a position to put on evidence to demonstrate the constitutional infirmities of this burdensome statutory scheme.

“This represents a great victory for free speech rights and rights of privacy under the Fourth Amendment,” Murray added.

FSC has challenged 2257 regulations on behalf of the adult industry since 2005, when the regulations first came into effect.

(Photo: Some rights reserved by Jim Sweenley)