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June
16 , 2005
P
R E S S R E L E A S E
FOR
IMMEDIATE RELEASE
RE: Implementation
of New 2257 Regulations
Sweet Productions
Inc., the production and content arm of Sweet Entertainment Group, wishes
to put forward to the industry its position regarding the impending 2257
revised rule, set for implementation on June 23, 2005.
As many in the industry know, Sweet Productions Inc. is a Canadian based
adult entertainment company. As such, it falls under the purview of Canadian
law and those of its province, British Columbia.
In Canada, the right to privacy is a right taken very seriously. In order
to align Canada with the European Union’s directive regarding the
protection of data, the federal government enacted the Personal Information
Protection and Electronic Documents Act (PIPEDA for short). Quebec has
been a leader in fashioning privacy protection for its citizens, including
constitutional protection for a right to respect for his private life
in Section 5 of the Quebec Charter of Human Rights and Freedoms, RSQC,
c-12, Section 5. The European community has developed, throughout the
1990's, a directive that was passed by the Council of Ministers in October
1995 and came into force in October 1998, obliging all member states to
block the flow of personal data to states without adequate protection,
subject to the derogations listed in Article 26. America maintained that
self-regulation was a preferred approach to dealing with privacy issues.
America is not in line with the European community on this subject.
In Canada, Federal legislation generally applies to federally regulated
organizations and applies to provincial organizations where a province
has not implemented its own equivalent protections. British Columbia has
implemented the Personal Information Protection Act. That Act has been
recognized as equivalent legislation by the Canadian government. Accordingly,
Sweet Productions Inc.’s electronic data falls under the Personal
Information Protection Act of British Columbia. As such, there are certain
rights that adult entertainment performers have under that Act and certain
obligations that SEG has pursuant to that Act as well.
Sweet Entertainment Group’s Canadian counsel, in consultation with
US attorneys, is of the view that the new Regulations are unconstitutional
under US law. As such, Sweet Entertainment Group has thrown its support
behind the litigation we understand has been commenced by the Free Speech
Coalition, which is filing for injunctive relief and a temporary restraining
order in the State of California at this time. SEG is currently investigating
legal avenues that would extend protection to its existing webmasters
from the implementation of the new regulations.
The Tenth Circuit’s decision in Sundance Assoc., Inc. v. Reno, 139
F.3d 804 (10th Cir. 1998) held that the record keeping rule did not apply
to secondary producers as it exceeded the Department’s statutory
authority. It was held to be unconstitutional. Sweet Entertainment Group
is of the view that this is the correct interpretation of the legislation
and the Sundance case was decided on that particular point. In contrast,
the American Library Ass’n v. Reno, 33 F.3d 78 (D.C. Cir. 1994)
decision did not deal with the specific point. However that case is being
interpreted as an implied endorsement of the approach taken by the drafters
of the new 2257 Regulations.
Sweet Entertainment Group will not, at this time, be releasing any model
identification based on the foregoing analysis. In addition Sweet Entertainment
Group intends to honour its commitment to its adult entertainment models
to respect and be vigilant in the protection of their right to privacy.
Sweet Entertainment has apprised the Canadian and British Columbia Privacy
Commissioners of the new 2257 Regulations and is seeking their input and
intervention in the matter. SEG’s legal counsel has offered an international
perspective on the invasion of privacy that the new 2257 regulations present.
A further press release will be forthcoming once we receive clarification
of position from the Federal and Provincial Privacy Commissioners and
further consultation with our legal advisors. In the interim SEG appreciates
the ongoing support of its webmasters. A leader in the fight for freedom
of speech and civil liberties, SEG will continue to lead as it rises to
meet this latest legal challenge.
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