Quick Index
 Adult Industry News
Search AINews Database
Type Keyword or Phrase Here
EXPO 2015, August 23-26, New Orleans

Front Page
Film News
Media News
Business News
Clubs & Appearances
Law & Politics
Internet & Mobile News
Lifestyles Arts Health Charity
Letters to the Editor
Movie Spotlight Reviews
Pornstar Pages
AINews Staff
Ad Rates
PR 101: Press Release Service

Caliente Swinger Vacations!

Eva Angelina at Twistys

January 30, 2002 04:49pm
Adult Industry Update January 2002
Source: Adult Industry Update
by: Lawrence G. Walters, Esq

The first year of the new Millennium ended without any stunning fanfare or any further shocking terrorist attacks. As we sat on the edge of our collective seats during the last quarter of 2001, waiting to see what will happen next, our government began methodical preparations for the long political and military battles ahead. Potentially caught in the crossfire will be the adult industry, which is on the losing end of the confluence of numerous events destined to change the legal climate in which adult webmasters operate.

The U.S. Supreme Court has now heard arguments in four First Amendment cases, all of which could be decided against the Industry. At the same time, the FBI just received an influx of $379 million to be used to beef up its investigative technology. We will now see an army of gumshoes armed with not only the latest laptops and broadband access, but also a host of new investigative powers thanks to the Patriot Act, signed into law recently - not that the feds needed a reason to investigate the adult webmaster community. Moreover, the fact that terrorists were said to have communicated through the posting of sexually explicit images on the Internet did not help things. To add to this pressure cooker, Red Herring magazine recently revealed the extent to which child pornographers have invaded both adult and mainstream Internet services such as domain registrars, hosting companies and community publication sites such as Geocities. Apparently, these services have been used without the knowledge of their owners, to proliferate the despicable child porn industry, and that has drawn the attention of two sworn enemies of the adult industry, Bruce Taylor and Robert Flores.

For anyone who does not know, Bruce Taylor is the President and General Counsel for the National Law Center for Children and Families, and a long-time advocate of censorship. While he is not in a position to initiate any investigations or prosecutions, Robert Flores is. Mr. Flores was recently appointed to the Department of Justice’s Office of Juvenile Justice Delinquency Prevention. That is a high-level position that includes broad investigative authority. That dynamic duo made it clear that blind ignorance to illegal content on the Internet will not serve as a defense, and that it’s just a matter of sitting back and waiting to see who will take the hit first. Taylor has previously called for obscenity prosecutions against media giants such as AOL and Yahoo! Now he says: “Nobody is immune.”

Even if you steer far clear of child pornography on your servers and links, it may be that a significant amount of teen or youth content will be declared illegal child pornography if the Free Speech Coalition looses its appeal to the United States Supreme Court in the Child Pornography Prevention Act case. Should the relatively conservative High Court uphold the law, any images that “appear to be” of a minor engaged in sexual activities can be treated the same as child pornography. The federal sentencing guidelines for such offenses are staggering. A recent calculation performed by our firm for a very typical webmaster prosecuted for commercial distribution of child pornography resulted in a recommended sentence of between 180-210 months in a federal prison.

The Justice Department finally got around to appointing a United States Attorney to spearhead its forthcoming obscenity prosecutions. The appointee, Andrew Oosterbaan, has served as Deputy Chief of the Child Exploitation and Obscenity Section (a/k/a the “God Squad”) since January, 2000. Attorney General John Ashcroft says that Oosterbaan “…will diligently investigate and prosecute child exploitation and obscenity crimes. Andrew’s many years of experience in complex criminal matters should put on notice those who seek to exploit children or violate our nation’s obscenity laws will be punished to the fullest extent of the law.” Despite these ominous words, Ashcroft’s selection could have been much worse; the Religious Right wanted Bruce Taylor, Robert Flores (both discussed above) or Patrick Trueman, Director of Affairs for the American Family Association. On the other hand, given the conservative bent of our current Attorney General, it makes little difference who actually directs the prosecution of obscenity cases for they will be brought just the same. The censorship groups are already demanding that Oosterbaan make obscenity prosecutions a priority, “Obscenity has exploded through videos, through satellite, through cable and especially the Internet, so it is extremely important that this be make a high priority by the new chief,” says Jerry Kirk, another censor and co-chairman of the “Religious Alliance Against Pornography.”

One interesting case to watch on the obscenity issue is the new challenge to the Communications Decency Act (“CDA”), which was filed on December 11, 2001, by the National Coalition for Sexual Freedom, along with a fetish photographer. The case was filed in the Southern District of New York, and names the federal government and John Ashcroft as defendants. In 1997, a unanimous Supreme Court struck down the “indecency” provisions of the CDA on First Amendment grounds, but the obscenity prohibitions were not challenged. Currently the CDA makes it a federal felony to transmit any obscene images over the Internet. Obscenity is based, in part, on community standards. One Appeals Court has held that the concept of community standards cannot be constitutionally applied to a global medium like the Internet. If community standards remain an element of the obscenity test, all online communications would have to be acceptable in every community since it is impossible, under current technology, to block particular communities from accessing any given images. Depending on the outcome of this case and the COPA case before the High Court, the federal government may be left without a law to regulate sexually oriented communications over the Internet. On the other hand, the government could try to replace the CDA with something worse. This is certainly an issue to watch.

The adult industry launched a sneak attack on domain names, as many previously registered domain names expired in December, 2001. Numerous adult websites took over the expired URL’s to the dismay of the previous owners who overlooked re-registration. “We were shocked,” said Carole Martin, Webmaster for the Diocese of Brooklyn, New York whose parish’s domain name was obtained by an adult website. This appears to be a growing trend in the adult industry, and one that probably did not do anything to endear the Religious Right.

It appears that movie-style ratings may soon be coming to Internet Web sites. The Internet Content Rating Association (ICRA) recently announced a voluntary content rating system that would allow users to screen out Web sites that contain violent, sexual or other possibly objectionable content. The addition of such voluntary ratings to adult websites couldn’t hurt the Industry’s image and provide additional ammunition demonstrating that adult webmasters are trying to keep their content away from minors.

This month’s odd story comes from the Federal Communications Commission. After millions tuned in for the Victoria’s Secret racy fashion show in November, FCC Commissioner Michael Copps called for an investigation. The reason for his investigation? His 27 year old daughter thought it would be inappropriate for children to watch. I wonder what his kids watch; Law & Order? Hey Commissioner, have you seen MTV lately?

Lawrence G. Walters, Esquire is a partner with the law firm of Weston, Garrou & DeWitt, based in Los Angeles. Mr. Walters runs the firm’s Florida office, and represents clients involved in all aspects of adult media. Weston, Garrou & DeWitt handles First Amendment cases nationwide, and has been involved in significant Free Speech litigation before the United States Supreme Court. All statements made in the above article are matters of opinion only, and should not be considered legal advice. Please consult your own attorney on specific legal matters. You can reach Lawrence Walters at Larry@LawrenceWalters.com or FreeSpeechLaw.com

Related Stories

Related Sites - WARNING! Graphic Content

Casey Cumz 02

See BiBi Jones at Digital Playground

Top Stories

Modern Comstockery

Nikki Phoenix Appearance

Rock’N’SeXXXy Welcomes Billy Blair

Karaoke XXX Needs New Location

Jane & Ward Hosting XRCO

SashaBrabuster's XXX Comeback

Control ~ Reviewer Rated

XRCO 2015 Nominees

A Leaner Message

MWA: 02/26/15

50 Shades of Grey ~ Cinema Seen

XRCO 2015 Hall of Fame

Interview with Ela Darling

Derrick Pierce Interview

The News Rack: Naked Swingers

MWA: 02/07/15

Interview of Holly Heart

ED Expo to Big Easy

Hof on Phoenix Hooker Bust

I Know You

Cal/OSHA vs Evil Angel

Layla Price at Foxxx Booth

Star.XXX Blasts Off

Puma Swede on Jukeboxx Live

MWA: 01/11/15

MWA: 01/19/15

Nikki Phoenix Party

Viva Las Vicki

Freedom Acres Open House

Kendra Lust in Detroit

MWA: 01/10/15

MWA: 01/03/15

Starr Sisters in Houston

MWA: 01/02/15

MWA: 01/01/15

Nikki Phoenix Update

MWA: 10th Anniversary Column

MWA: 12/30/14

Vegas Heat Party

MWA: 12/27/14

XBIZ Rooftop Party

MWA: 12/26/14

Welcome 2015!

Canadian Foot Porn

Actress as an Artist

MWA: 12/14/14

Pushed Into the Corner

Tod Hunter Press Releases

Global Adult Industry Association

Pornography Feminism

Merry XXXmas, Happy Xanukkah

Rock'N'Sexxxy 12/10/2014

MWA: 12/05/14

Karlie Montana Interview

Deep Vision ThunderRama

Hackin Jack vs Chainsaw Chick

BBW Eliza Allure Interview

MWA: 11/20/14

Tara Lynn Foxx Retires

Treacherous ~ Reviewer Rated

Bright Lights, Lonely Nights

Taormino Speaks at Goucher

Cumisha Amado at Sagebrush

Vivid Radio 1st Anniversary

The Gardener ~ Reviewer Rated

BoodiGo: Privacy & Porn

Shades of Scarlet ~ Reviewer Rated

AINews: Skow Among Best

Heaven & Hell Halloween Party

These Things We Do ~ Reviewer Rated

Farrah Abraham at Hustler Hollywood

Sex Workshop Hustler San Diego

Halloween Art Show

O Awards Pre-Noms Open

Trophy Girl Casting Call

Cum in Me Baby 4 ~ Reviewer Rated

More Phoenix Mainstream

BoodiGo Partners PornGuardian

BoodiGo Supports ASACP

BoodiGo Blocks Child Porn

Boodigo Adult Search Engine

AVN Show Discounts End Today

Inside The Industry 10/08/2014

Amber Lynn at Wasteland

Nikki's Fit as Phoenix

Vivid Extends Patrick Hosting

Fake Test Results

Angelyne on Amber Lynn's RNSU

Red Cardinal Wraps Betrothed

Siri Wins Round 2

J.Lo Doc Johnson Offer

Stripclub Microbrewery on CNN

Father's Day ~ Reviewer Rated

Our Father ~ Reviewer Rated

Nikki Phoenix Album Released

Passport to Hustler Event

Fox News Wasteland

Asianmodelpalooza 14

Nikki Phoenix Appearances

Nikki Phoenix Karaoke XXX

Nina Elle Retains Star Factory

Tasha Reign Grads UCLA

Tera Patrick Hosts Vivid Radio

It's Just Work

Traci Bryant Goes Legal

CET Free Panel Month

Miss LA Karaoke XXX

Freedom Acres Location

Summer Lovers

Nikki Delano at Centerfolds

Karen Summer Returns

Advertise on AINews

Cytherea Auctions Fan Scene

Entertainment is Entertainment is Entertainment

Stories From


A Leaner Message

MWA: 02/26/15

The News Rack: Naked Swingers

MWA: 02/07/15

I Know You

MWA: 01/19/15

MWA: 01/11/15

MWA: 01/10/15

MWA: 01/03/15

MWA: 01/02/15

MWA: 01/01/15

MWA: 10th Anniversary Column

MWA: 12/30/14

MWA: 12/27/14

MWA: 12/26/14

MWA: 12/14/14

MWA: 12/05/14

MWA: 11/20/14

Tara Lynn Foxx Retires

Taormino Speaks at Goucher

It's Just Work

Tribute to Christian Mann

MWA: 07/23/14

Testing the Waters

MWA: 07/22/14

MWA: 07/21/14

MWA: 07/13/14

A Legend Looks Back

The Goddess Lives

Resurgence of the Goddess

More on Belle Knox

2014 AVN News Rack Part 2

Belle Knox: Feminist Revealed

A Tribute to Gloria Leonard

2014 AVN News Rack Part 1

Tasha Reign on Respect

Lovable Evil Angels

Happy New Year

MWA: 12/30/13

The News Rack: Fall/Winter 2013

MWA: 12/12/13

MWA: 12/09/13

Seasons Greetings from AINews

The Girlfriends Family

MWA: 11/26/13

Entertainment is Entertainment is Entertainment

MWA: 11/22/13

MWA: 11/15/13

MWA: 11/10/13

A Day in the Smut Den

Our Attitude Along the Way

MWA: 10/29/13

MWA: 10/26/13

MWA: 10/23/13

MWA: 10/20/13

MWA: 10/16/13

MWA: 10/15/13

MWA: 10/11/13

Shooting at 21

MWA: 10/03/13

MWA: 09/29/2013

MWA: 09/28/2013

Rebecca Bardoux Marries Prince of Dubai

A Fearless Journey

MWA: 09/17/2013

MWA: 09/06/2013

MWA: 08/31/2013

MWA: 08/18/2013

MWA: 08/15/2013

MWA: 08/09/2013

Emma Marx Prelude

MWA: 07/27/2013

Sex & Ice Cream

MWA: 07/07/2013

MWA: 07/02/2013

MWA: 06/30/2013

Adieu, Aurora

MWA: 06/20/2013

MWA: 06/05/2013

Creeping Suicide

MWA: 05/31/2013

MWA: 05/14/2013

Typecasting Farrah Abraham

MWA: 05/04/2013 XRCO

MWA: 05/02/2013

MWA: 04/30/2013

MWA: 04/28/2013

Falcon's Flight: Letting Go & Living

MWA: 04/12/2013

A Bad Deal

Girlfriends in New Hands

Columns Section Index

Copyright © 1998 - 2015 Adult Industry News (AINews.com)
All materials constituting text, articles, press releases, stories, columns, photographs, graphics, and code on the AINews.com domain are protected by copyright, and either owned by Adult Industry News (AINews.com), or reproduced with permission from other copyright owners. It may be downloaded and printed for personal reference, but not otherwise copied, altered in any way, or transmitted to others, without the written permission of Adult Industry News (AINews.com).