“We are constantly updating our database,” FBI Special Agent Chuck Joyner told the audience, explaining that his unit, which focuses on 2257 inspections, is set to beef up its enforcement.
“We were not funded in 2006, but we are fully funded for 2007,” said Joyner, who would not disclose how much the government is spending on 2257 inspections.
So far the FBI has inspected 10 companies, with only two passing without violations, Joyner said. The agency has budgeted two teams consisting of five agents a piece; however, Joyner said, that the number of agents involved in 2257 inspections is likely to increase.
The regulations, known formally as 18 U.S.C. § 2257, requiring record-keeping for content depicting actual sexual acts, have been in place since Nov. 18, 1988. However, until last year, no adult companies had been subject to inspections.
In 2004, then-Attorney General John Ashcroft called for an expansion of the requirements to extend to secondary producers. The new rules officially went into effect June 23, 2005, but the FSC secured an injunction against enforcement on behalf of members. Pending a legal outcome, the injunction remains in force.
Joyner, who gave an opening statement and later was peppered with nearly three-dozen questions from audience members who wrote their queries on supplied notepad paper, said that the FBI chooses inspected companies through a random system.
“It’s like a lottery; it doesn’t matter if you have a small or large company,” he said. “We’re just trying to find if there were minors [involved in the videos or websites].
“The FBI wants to make the inspection process as transparent as possible. It is not a game of ‘gotcha.’ We’re looking for intent [to commit a violation].”
Joyner emphasized that the FBI is only complying by the rules set by Congress and that the inspections are just that. “It’s not a raid; it’s not a search,” he said.
But, he cautioned, “If we arrive on your doorstep, you are not allowed to delay us from inspecting you.”
“So far, every company [that has gone through a 2257 inspection] has been professional and kind,” he said. “If you show intention to comply, your probable conviction for a violation is nil. We would be delighted that every inspection is in compliance”
Prior to the inspection, the FBI actually reviews the product, whether it is a DVD or website.
The FBI, he said, uses a spreadsheet and a checklist with each inspection, typically giving the company a preliminary report. It also allows the company a 1-week period to correspond over inaccuracies or insufficient information before filing an official report that could be sent to the U.S. Attorney’s office.
Joyner noted that there are three important aspects of the inspections that could create violations: Failure to cross reference records, bad photocopies of the records and missing records.
“Whenever possible, we give you the benefit of the doubt,” he said. “But the bad choice [for an inspected company] comes when there is no response to filings.”
