I’m no lawyer but the intent and the decision seem pretty clear after reading the document.
In essence 2257 was upheld as constitutional and valid, meaning you must still keep the records.
What was struck down/remanded back to the lower court was that inspections will require a warrant, otherwise they violate the 4th amendment.
Thats where it gets a bit stick because to get a warrant you need probable cause that a crime has been commited, what that probable cause is , is open to the interpretation of a judge, it could be that “she looked under age”, warrants also tend to need to be very specific, it is unlikely that a warant would specify a blanket search, instead it has to specify specifics like performer name, tape they were etc.
All in all…keep doing your 2257 the way the law specifies but it does not appear that they can do a records inspection without a warrant.
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My Read On the 3rd Circuit 2257 Decision http://t.co/NOnG44iNgq
Wow…that was 65pgs of fun, not being a lawyer reading this ruling was like watching a great playoff game where both team’s field play gets called out and the result is a do-over delaying the season 🙂
My take is that the First Amendment challenges will struggle with the stuff about FSC & photog association standing. The Fourth Amendment argument worked to force notice on 2257 compliance inspections but there was too much upfront about plaintiffs experts and overriding governmental interests etc to think it will go away.
The 4th amendment issue is a pretty big one. This eliminates the concept of random record checking “fishing expeditions” where they just sort of go looking hoping to find some violation. As you said Mike, I think it will mean that 2257 inspections would have to be pretty specific (performer, scene, tape, or other narrow focus).
More importantly, response to such a warrant would generally be going and pulling the appropriate documents out, making copies, and handing them to the officers (or submitting them to the court). It means that for all intents and purposes, the records are secure and cannot be reviewed by authorities outside of the scope of their warrant.
Moreover, this will pretty much strike down the silly office hours concept. The only reason to keep office hours was to be available for random inspections. Now that there are not random inspections, office hours are moot. You don’t have to keep office hours to get served any other warrant.
Finally, i would have to say that this would very much limit the potential for inspections. However, it might bring up (for US based businesses) the issue of where their 2257 documents / office is located. For those who are using a mailboxes etc as their 2257 address, it is an area where law enforcement could take action. Failure to meet those parts of the law would not be subject to a warrant, as a law enforcement official could easily spot a mail drop location that has no real office or records storage and take action from there.
It seems pretty much the law is neutered, just in time for the Republican’ts to come in and try to enforce morality again.