“Our attorneys haven’t had enough time to fully analyze the law yet,” Tom Hymes, communications director for the FSC, told XBiz. “However, at first glance, we believe that the constitutional basis for a challenge is even stronger than the arguments to be made in the current 2257 litigation. "That may mean that we would eventually have to rethink our strategy, and perhaps the Department of Justice may have to do the same.”
Known as “The Children’s Safety and Violent Crime Reduction Act of 2005,” HR 4472 adds additional 2257 requirements for record keepers and imposes civil and criminal asset forfeiture in obscenity and child exploitation cases. If passed into law, the bill could reshape the landscape of 2257 law.
Efforts to persuade the Senate are underway. In the meantime, Hymes expressed hopes that Hollywood lobbyists, such as the Motion Picture Association of America, whose clients could also be subject to the bill, would pressure Senators to find a compromise.
The bill does not target current 2257 litigation. Should it become law, despite FSC lobbying efforts, a new round of litigation can be expected.
“Litigation is like war and costs money; lobbying is like diplomacy. We prefer diplomacy,” Hymes said.