davecummings

1. In the summer of 2005, I was personally in the conference room in Denver (I and Lenny Friedlander had agreed/volunteered to also be plaintiffs along with the FSC even though there was concern that DOJ might "target" us personally) when FSC lawyers were brain-storming and finalizing arguments for the the upcoming hearing with the 10th District Circuit in Denver that was scheduled for just a few days later.

2. As I recall, I heard someone in that room of powerful First Amentment FSC Attorneys surface the subject of legal "standing" and a question of how to insure that Secondary Producers would also be included and protected by inclusion in the Temporary Restraining Order (TRO) being sought by FSC (yes, protection was also being sought for those Adult Internet people, not many of whom IMHO financially supported FSC via memberships prior to the 2257 challenge FSC mounted, many of whom still don't(?) -- some of whom even to this day, IMHO, seem to somewhat automatically "blast" FSC on the boards). I witnessed that FSC was conscientiously looking to assist Adult Internet folks, too, not just the Primary Producers of video companies.

3. One of the FSC attorneys who was often on the phone to the DOJ attorney (the DOJ guy was the main one who was coming to Denver in just three days to defend DOJ in court hearings; and, that DOJ attorney was assigned to defend the DOJ regulations that included inspections and potential prosecutions and jail time for violators, INCLUDING Adult Internet Secondary Producers); finally, after much discussion and back-and-forth with supervisors at DOJ, the FSC attorney got DOJ to also agree to not fight the "standing" issue for any Adult Internet Secondary Producers who fell under the FSC plaintiff umbrella as members.

4. Also negiotated was the agreement that the Court would appoint a "Master" (a retired judge) to oversee a short period of time for FSC membership actions, which I think was for the three days before the then-upcoming court hearing, for Adult Internet Secondary Producers to formally sign up to become members of FSC and resultingly have standing/inclusion in the the TRO if FSC won it.

5. The judge heard both sides and agreed to render an early decision. As I recall (I was in the Court at the time), one of the FSC attorneys requested that DOJ not pursue a massive bunch of 2257 inspections while the Judge was pondering his decision. I think, but can't recall for sure, that either DOJ relunctantly said OK and/or the judge agreed with the FSC motion.

NOTE: It's hell to be nearing 71 years of age and not have the long-term memory of every detail like my younger years allowed. On top of that, I'm merely a porn star, not an attorney, so I don't adequately understand the legal terms and the "why's" and "how's" of things related to 2257 and other issues that FSC advocates for us. I do advise, however, that an attorney be retained to handle our own specific 2257 matters.

6. The judge took many months to issue his opinion, during which time mass inspections were on hold, THANK GOODNESS, which gave time for some FSC members and other Records Custodians to get their records in better shape. That period of time, IMO, might have has contributed to the two FBI Inspection Teams not getting fully geared up for many months after the judge's ruling (which went against the TRO, but gave everyone a time to "get our shit together" to better withstand the subsequent inspections).

Unlike some, I personally think that we ALL should immediately join and support FSC in their actions to represent us against: the over-burdensomeness of 2257; CAL/OSHA policies and regulations, and the Aids Healthcare Foundation crusade to mandate dental dams for cunnilingus, and condoms-and-goggles for fellatio, and condoms for sexual intercourse; Piracy; .xxx; and, other stuff that affects all of us as a group.

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Dave Cummings
www.davecummings.com
www.davecummings.tv
San Diego

Email--- [email protected]