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WARNING: The Justice Department is Coming!

By: J. D. Obenberger, Esq.

Dear Subscribers:

The Child Abduction Prevention Act ["Amber Alert Bill"] that is being forwarded to the White House contains a chilling provision that should spur each of you into action. The provision is found in Section 512 and reads as follows:
"Not later than 1 year after enactment of this Act, the Attorney General shall submit to Congress a report detailing the number of times since January 1993 that the Department of Justice has inspected the records of any producer of materials regulated pursuant to section 2257 of title 18, United States Code, and section 75 of title 28 of the Code of Federal Regulations. The Attorney General shall indicate the number of violations prosecuted as a result of those inspections."

This provision is designed to spur the Justice Department into action. There have been very few inspections since 1993, so you can expect a significant amount of action in the next calendar year as the agency tries to make up for lost time. Make absolutely sure that you are in compliance with 18 USC 2257!

A few highlights of compliance include:

  1. You must have two forms of identification for each model and at least one must be a government picture identification with the date of birth on it.
  2. You must have signed model releases for both male and female models.
  3. You must list the name, company and address of the location of your custodian of records.
  4. The address for your custodian of records must be a real office, not a post office box.
  5. You must have a searchable database showing which images correspond to which model release.

If you are using foreign content suppliers, you should attempt to get a copy of the proof of age documentation from them. If they refuse, you have to ask yourself whether they will appear if prosecutors seek to bring charges against you.

Call us if you wish to have your compliance efforts reviewed. Be careful out there!

J. D. Obenberger

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