Saturday, March 06, 2010

Federal law increases reach of record keeping requirements for adult materials

There is a case called “Free Speech Coalition v. Holder” challenging two federal statutes requiring extensive recording keeping of actors any time “adult” videos or images are produced, apparently even for private consumption. The news story (Mar. 5) with link to the amicus brief is here. At issue is a change to US Code 18-2257 requiring record keeping even for content produced for personal and non-commercial purposes.

The Cornell Law School link for the statute on Record Keeping Requirements is here.

There are concerns about the privacy of speakers, as the record-keeping could make it possible for others to track their home addresses. There are also potential 4th Amendment issues with the possibility of warrantless entry into homes or business places by government for inspections.

A possible concern could exist for amateur filmmakers. Someone might make a short film with some physical intimacy short of what is looked up as adult (say still “PG-13”) but have to wonder if the regulations could apply.

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