informationliberation
The news you're not supposed to know...




Austrian Economics: Understand Economics, Understand the World
The Century of the Self: The Untold History of Controlling the Masses Through the Manipulation of Unconscious Desires
The Disappearing Male: From Virility to Sterility

The Obama Deception: The Mask Comes Off
Operation Gladio: The Hidden History of U.S. Sponsored False Flag Terrorism in EuropeThe New American Century: The Untold History of The Project for the New American Century
(more)
Article posted May 07 2014, 6:23 AM Category: Big Brother/Orwellian Source: EFF.org Print

Adult Photography Record-Keeping and Inspection Law Threatens Free Speech

By Andrew Crocker

EFF and the ACLU of Pennsylvania have joined forces to file an amicus brief in a long-running challenge to two criminal statutes that unconstitutionally limit the free expression of millions of adults who use the Internet and other electronic forms of communication. These statutes bring the threat of criminal sanctions for private, lawful speech and also violate important privacy rights, including both the First and the Fourth Amendment of the Constitution.

At issue in the case, Free Speech Coalition v. Attorney General, are provisions of federal law that require anyone who produces a visual depiction of sexually explicit expression to maintain extensive records--including copies of drivers' licenses, the dates and times images were taken, and all URLs where images were posted--and often force public disclosure of a creator's home address. Even more troubling, the regulations allow law enforcement warrantless entry into homes or offices in order to inspect the records that are supposed to be kept. In this case, the plaintiffs are a range of producers of adult material. But while these statutes regulate the commercial pornography industry, they also potentially apply to a staggering number of Americans who create and share images of themselves over social networks, online dating services, personal erotic websites, and text messaging.

The case has followed a complex procedural trajectory. EFF previously filed an amicus brief when it was first heard before a Pennsylvania federal district court in 2010. Subsequently, the case was dismissed, appealed to the Third Circuit Court of Appeals, and remanded back to the district court. In September 2013, the district court sided with the plaintiffs on one issue--the statutes' authorization of warrantless entry into homes or offices--which could not be squared with the Fourth Amendment. However, the court found that the statutes did not violate the First Amendment, and the plaintiffs have appealed once again to the Third Circuit.

EFF hopes the Third Circuit will take this opportunity to protect individuals' First Amendment rights to produce and share private, lawful speech.





Latest Big Brother/Orwellian
- DEA Caught Scheming to Monitor Gun Show Participants Using License Plate Readers
- New Regs Say Passengers Cannot Fly Without Biometric ID Card
- Drug Dealers Swapping Down To Old Cellphones To Stay One Step Ahead In The 'Tech Arms Race'
- Revealed: Canadian Spy Program Illustrates "Giant X-Ray Machine Over All Our Digital Lives"
- US Engaged in Massive Car Spying Program
- France Announces Plans To Hold The Internet Responsible For Terrorism
- Je Suis Disappoint: French Court Convicts Idiots For Homophobic Stupidity
- The Many Problems with the DEA's Bulk Phone Records Collection Program









No Comments Posted Add Comment


Add Comment
Name
Comment

* No HTML


Verification *
Please Enter the Verification Code Seen Below
 


PLEASE NOTE
Please see our About Page, our Disclaimer, and our Comments Policy.


FAIR USE NOTICE
This site contains copyrighted material the use of which in some cases has not been specifically authorized by the copyright owner. Such material is made available for the purposes of news reporting, education, research, comment, and criticism, which constitutes a 'fair use' of such copyrighted material in accordance with Title 17 U.S.C. Section 107. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. It is our policy to respond to notices of alleged infringement that comply with the DMCA and other applicable intellectual property laws. It is our policy to remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users.

About Us - Disclaimer - Privacy Policy



Advanced Search
Username:

Password:

Remember Me
Forgot Password?
Register

Another Reason Uber Gets Banned: DUIs Are An Essential Revenue Stream - 01/29Video: Americans Want Obama to Repeal the Bill of Rights - 01/26Police Label Hippy Group Whose Message Is "Peace & Love" 'Domestic Extremists' - 01/30New Mexico Grand Jury Finds Police Shooting Unjustified, DA Refuses to Prosecute - 01/30Quebec Woman Suing Cop Who Left Her Locked In Back Of Police Truck With Man Who Ended Up Raping Her - 01/31Ex-Gf Of Seattle Cop Says She Smoked Pot Stolen From Evidence, Referred To Blacks As N*****s - 01/31Dash Cam Video Shows Seattle Cop Falsified Charge Against Elderly Man Walking Down Street - 01/29Canada Unveils New Anti-Terrorism Bill That Moves for 'Unprecedented Expansion of Powers' - 01/31

Man Follows Speeding Cop, Finds Out He Was Speeding To Buy PeanutsMission Creeps: Homeland Security Agents Confiscate Women's Panties For 'Copyright Infringement'Cop Shoots Couple's Dog, Threatens Jail For Trying To Save Dog's LifeSWAT Team Shoots Teen Girl & Her Dog During Pot Raid On Wrong HomeDurham, NC Cop Testifies Faking 911 Calls To Enter Homes Is "Official Policy"Indiana Sheriff Says US A "War Zone" To Justify New MRAP Military VehicleTampa Cops Surveil Pot Dealer, Catch Him Selling Pot, Raid His Home & Kill Him"You Just Shot An Unarmed Man!": Witness Says Police Shot His Friend With His Hands Up
(more)

 
Top