A large number of folks inputted comments to DOJ. Here's what I opined--note the list of addressees at the bottom of the letter? Due to its length, I'll have to break this into two postings
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8/27/07
Mr. Andrew Oosterbaan
Chief, Child Exploitation and Obscenity Section
Criminal Division, United States Department of Justice
Washington, DC 20530
ATTN: “Docket No. CRM 104”
Dear Mr. Oosterbaan:
These comments and proposals are my own personal opinions, and are meant in the best interests of America; they are not meant as hostile or confrontational speech.
I am a Primary Producer who has minimum computer skills and, as a one-man operation out of a bedroom in my private home, own a small business self-proprietorship known as Dave Cummings Productions. I own the copyrights to only 42 adult releases, hence I am a small producer. I am also the registered owner of some adult Internet domains, and might possibly also become a Secondary Producer sometime in the future.
I am a performer who needs to earn a living by traveling to/from Los Angeles and elsewhere to do business and to appear in shoots/productions, and to attend important Industry conferences/conventions/meetings/etc. But, being sort of “captured” in my own home/office for the DOJ-mandated posted 20-hours a week has felt like an UNAMERICAN imprisonment-type burden, and a form of political terrorism against me professionally, medically, family-wise, etc. I also feel like it’s burdening my free speech expressions.
As a Primary Producer and American small business owner, I have already endured significant financial expense to comply with the present DOJ 2257 regulations (and will suffer additional expenses supplying Secondary Producers with documentation under the new 2257 pending regulations), and I have unavoidably had to devote significant and continuing unrecoverable personal work-hours dedicated to what I consider unnecessary and political hassle type record keeping (e.g., cross-referencing requirements), and to the DOJ-required availability 20-hours per week in case of Custodian of Records inspections. I am 67 years old, have medical appointments, and medical needs for outdoor exercise. My personal, professional, health, and family life are adversely affected by the DOJ 20-hours-in-the-office mandated manning. The law, and the way the new 2257 regulations includes Secondary Producers will further cost me more time, expense and effort to supply Secondary Producers with redacted copies of my 2257 records.
In order for my personal thoughts/comments/recommendations to have appropriate meaning to you and your authors of the new/amended 2257 regulations now available for public comment like mine, I herewith also provide you with my following opinions and thoughts, along with appropriate recommendations—again, these are NOT meant to be hostile/accusatory/confrontational/etc:
a. The legitimate Adult Film/Internet Industry absolutely detests child pornography, or the use of models under the age of 18. It’s my understanding that much of the Internet’s child pornography originates in Russia, Eastern Europe, and Asia, NOT in America, and definitely NOT from the legitimate American Adult Film Industry or American Adult Internet Industry. Surely, you and DOJ are well aware of this Industry’s enthusiastic support for the fine work done to protect children by the legitimate Adult Industry via
www.asacp.com. It’s time for this Administration to stop attacking and hassling the legitimate American Adult Industry. Please cease falsely aligning the legitimate American Adult Industry with child porn, and please correct those who err in doing so.
b. In my opinion, besides The White House, Congress, and legislators at all levels needing to immediately and completely stop all politically misleading legislation that falsely relates child porn to the legitimate American Adult Industry, the line between Church and State needs to be respected, not constantly assaulted just to appease anti-Adult Entertainment people. In my opinion, EVERYONE at any and all levels of government has a Constitutional responsibility not to let their specific religious beliefs or subjectivity trample on American rights and freedoms. Instead, government “punishment” resources (such as regulations like the new 2257 being readied by DOJ?) should instead be targeted elsewhere, no matter how politically “cunning” it might seem to attack us as a false target in order to appease right-wing radical and hypocritical religious freedom-robbing vile loud mouths, just to garner their campaign contributions, influences over parishioners, and pulpit votes. Please reread the preceding, and cease the inappropriate subjectivity that 2257 does to American citizens.
c. Normal Americans like and want “their” porn, and will seek it out even if the pending 2257 actions put American Adult Industry personnel on trial for clerical cross-referencing errors or mistakes, and/or admin hassles that burdens some companies in an UNAMERICAN way to the point that they will close down or cut back their output. The Internet has changed the playing field, and no matter how much the radical religious hypocrites try to eliminate porn in America, Americans will import and access it from Non-American countries and the Internet---such porn that fills the void caused by 2257 and other legislation might well be the kind that is relatively harsh and distasteful. Please keep in mind that many Americans who want their access to porn are indeed voters, possibly voters who will remember the government’s violation against the line separating Church and State, AND might remember the individual government people/Administration who hindered access to citizen-voter’s Adult Entertainment! Just my opinion! Please take the aforementioned into serious consideration as it relates to the pending new 2257 regulations.
d. The American Adult Film Industry, with the exception of only a few underage performers over the past 20+ years who had false identification documents (which, I understand, even fooled law enforcement and passport issuing folks), has a plethora of legal age performers and hence does not need to use underage performers, does not want to have to recall distributed product if it’s subsequently found that a performer was not at least 18 years of age, and presently has well over 1,000 absolutely consenting adult performers of legal age with proper ID documents. I opined the aforementioned because it seems like 2257 is a waste of taxpayer assets, assets that taxpaying voters might feel should instead to added to the crucial fight against terrorism and crime!
e. Perhaps the writers of the pending 2257 regulations should seriously consult with the present FBI Officer-in-Charge of past 2257 inspections to get a sense of reality? It might show the folly of the inspections, and the lack of meaningful violations (how many underage performers have been identified or weeded-out by the 2257 inspections? ZERO?!). If I were part of those FBI teams headed by Special Agent Joyner (who is very well respected, and totally professional, incidentally), I think I’d feel like I’m involved with a waste of time and efforts that would be better used pursuing terrorists and criminals. Let’s face it, even if there was child porn being filmed in America, do you really think such despicable people will keep DOB documents and have all kinds of unnecessary-but-hassling cross-referencing records sitting in their offices for the 2257-mandated minimum of 20-hours each week just in case the FBI came by to inspect them? Be real, such people would be underground and unknown! Thus, 2257 hassling of the legitimate Adult Industry is utterly without merit and in my opinion is a waste of taxpayer and voter money. Because DOB violations have been so few, almost nonexistent, and so long ago, the “new” 2257 should erase ALL past Primary Producer record requirements and instead begin a fresh start of mandated record keeping as of the release date of the finalized new 2257 regulations. Such would allow Primary Producers to accumulate and file documentation as new productions happen, instead of having to endure the expense of maintaining and redacting records from many years ago. Such an effective date would also assist Secondary Producers to begin compliance with the new 2257 regulations. I recommend the aforementioned.
f. Once a performer’s DOB is documented and compared to the date of production via one inspection, it would seem appropriate for the inspectors/government to maintain some type of data base of that performer’s DOB so that it can easily be compared to other production dates for age validation without the need to physically conduct another on-site inspection; such would also further negate the 2257-mandated need for 20-hour minimum weekly availability of Custodians of Records, or the requirement for continued records availability for the present 2257 requirement of 5-7 years after a production, or a company goes out of business (does the United States of America really want to impose office-manning for adult companies who no longer exist – is it required for other Industries, or is it selective “punishment” only for the Adult Industry?). Also, cross-referencing seems like merely a hassling device, one that should immediately be removed from the 2257 requirements—please remove it!
Part 2 Follows in Next Posting;
Dave