Now more than ever, webmasters are concerned about legal issues facing the adult industry. The Internet is still an infant, and the adult Web has yet to face the full challenge of a conservative administration.Now more than ever, webmasters are concerned about legal issues facing the adult industry. The Internet is still an infant, and the adult Web has yet to face the full challenge of a conservative administration. While online erotica will no doubt flourish in the coming years (just as print-based and video-based erotica has always flourished in the past), the question on the minds of many adult webmasters is: how can I keep myself and my business safe and legal while operating a business that is both profitable and responsible? The answer may lie in qualified legal representation, something too many of us often go without.

Connor: Hi Larry, and thank you for taking the time out of your busy schedule to speak with us. We truly appreciate it

Larry: I’m happy to do it.

Connor: Many of us are already familiar with you and your work – you’ve been a friend to the adult industry for quite a while now. For those people who are not familiar with you, how about if you start off by saying a little about yourself and your firm?

I am a firm believer in Free Speech, and I consider it an honor to represent clients in the adult industry. I was told early on by a colleague to find a way to get paid to do what you want to do so you never have to work. So I took that advice and now my practice is 100% Free Speech and Internet Law related.

Connor: You recently wrote an article that we published at The Adult Webmaster which discussed the process of attorney selection, so it wouldn’t be fair if I didn’t throw some of your own questions at you! I’ll start with the tough question you suggested that smacked me in the face when I read it. Are any of your clients currently in jail?

Larry: None of my clients are currently in jail. None of my adult industry clients have ever gone to jail. I once represented an attempted murderer who did some time after pleading guilty, and another guy did 6 months in the county detention facility after he was caught with the largest collection of child pornography in the history of the State of Florida.

Connor: Here’s another question you suggested: how many adult industry clients have you represented?

Larry: No idea, honestly. The webmasters have been extremely numerous, since there are so many adult websites out there. Hundreds, at least.

Connor: Many webmasters would only consider hiring a lawyer if they found themselves in trouble. Obviously that’s a dangerous position to take. Can you talk about some of the services you and your firm can provide adult webmasters who are not currently in immediate trouble?

A Conversation with Larry Walters

by Connor Young – The ADULTWEBMASTER Magazine

Larry: The idea is to try to avoid problems in the first place, so it is essential that a lawyer be retained before there is the first hint of trouble. I find that the reason most clients come to me isn’t even close to the real reason they need me. Often, a webmaster will contact me to enforce intellectual property rights, or because of a business dispute. Then I’ll look at the website involved, and find the real problems. The last thing you want to do is start fighting with your competitors when you don’t have your own house in order. That could come back to haunt you.

I spend most of my days, recently, looking at websites and talking to webmasters-preferably face to face. We have come to rely on electronic communication so much lately that we have lost the human element in business. The attorney / client relationship is one of trust and confidence, so I try to meet with my clients in person, as much as possible. I find that it’s most efficient to just sit down with them in front of a computer and talk. I can accomplish more in a couple of hours like that than I can with weeks of emails and telephone calls.

As far as the substantive areas, we provide legal advice on federal obscenity laws, harmful materials laws, child pornography, Records Keeping and Labeling Act compliance, copyright, trademark, and deceptive trade practices; to name a few. Much depends on the particular website involved. A fetish gallery will not have the same problems as a nudist site. Sometimes, a webmaster just needs help with Model Releases and Terms of Service.

Connor: I would think that the reason why many “smaller” adult webmasters don’t consider legal help from the start is due to financial considerations. Some webmasters operate their business only as a source of supplemental income, or else simply as a hobby. Surely these webmasters deserve the chance to exercise their First Amendment rights by participating in the adult web, but these small operations still carry the same legal risks and liabilities as do the full-time operations. What advice would you offer to these webmasters? Can they afford legal services?

Larry: I publish quite a bit of free information on legal issues affecting adult webmasters, as do other lawyers in the field. I regularly update my website, www.FreeSpeechLaw.com with new legal articles. These free resources are a start, but do not substitute for specific legal advice. We offer a website review package that can get a small webmaster started with forms and legal advice for around $1000; sometimes less. These fees are a drop in the bucket when compared to the cost of defending a prosecution or pursuing litigation.

Everyone has a chance to exercise their First Amendment rights on the web for free, so long as they stay away from erotic imagery. If they decide to get involved in the profitable industry of erotica, they have to pay to play.

Connor: Ashcroft has a lot of webmasters concerned. Should we be?

Larry: On the one hand, he was probably the worst choice for Attorney General as far as the Adult Industry is concerned, given his political and religious leanings. On the other hand, the genie is out of the bottle, and Ashcroft cannot roll back the clock. Adult content on the Internet is here to stay, although there will be more risk associated with this industry under the current administration.

Some of the content found on the Web will be very difficult to defend, even in a big city. Webmasters have pushed the envelope of eroticism to the point where defense of an obscenity prosecution, either state or federal, may be an uphill battle.

Frankly, I would be more concerned about the U.S. Supreme Court than I would about Ashcroft. That, I see, leads to your next question…

Connor: What can you tell us about the current status of COPA?

Larry: COPA has been enjoined since before it was effective. It has never been enforced. That may all change next year when the decision comes down from the U.S. Supreme Court in Ashcroft v. ACLU. As many of you know, the Third Circuit Court of Appeals rendered a tremendous opinion basically trashing the concept of “local community standards” as applied to the Internet. The community standards involved in that case are the same type of community standards that the obscenity test uses. Thus, the Third Circuit’s opinion could potentially invalidate all the obscenity laws, at least as applied to the Internet. Their opinion really makes the most sense: After all, how can some small community dictate what is acceptable for the Internet, which can be accessed in every community. The risk of “over-censorship” is too great for the First Amendment to bear. Since the COPA law depended on the validity of the community standards test, it was thrown out along with the concept of community standards. Then came the Supreme Court: It took jurisdiction of the case even before it was finished. Remember, the Third Circuit’s decision involved a “preliminary” injunction. The case has not even gone to trial yet. The Supreme Court rarely gets involved in cases that are not final. Since the Justices decided to butt in at this stage, it can only mean that they intend to change something. They’re not going through all this effort to say: “Good job, guys.”

Connor: So is there any chance at all that the Supreme Court will uphold the lower court’s decision concerning the invalidity of community standards when applied to the Internet?

A Conversation with Larry Walters

by Connor Young – The ADULTWEBMASTER Magazine

Larry: There is always a chance that anything can happen in litigation. Few legal scholars predicted that the Communications Decency Act of 1\’\’6 would be thrown out by a unanimous Supreme Court. The issues in that case were very similar to that in the COPA case, so anything is possible. Despite the conservative bent of the current makeup of the Court, they seem to be pretty friendly to First Amendment rights, as evidenced by the CDA decision and the recent Playboy v. FCC case. We’ll have to wait and see.

No matter what they decide to do, however, we recommend that webmasters comply with COPA anyway. First of all, kids should not have access to adult materials anyway. Part of the political problem affecting our industry results from insufficient efforts to prevent children from getting access to explicit materials online. If we had done a better job at first, things might be different now. Be that as it may, webmasters have a self interest that would be served by complying with COPA: Our information indicates that the likely targets of any obscenity prosecutions will be webmasters who provide hardcore images in free areas. While this has nothing to do with the obscenity analysis, it makes a heck of a jury argument. Once you mix pornography with children, it becomes a volatile combination that can quickly result in a conviction.

The actual wording of the Act, along with the implementing regulations, seem to require “secondary producers” such as webmasters to compile and maintain records, even if they never touch a camera. By case law, however, these burdens have been removed, at least within the geographical boundaries of the Tenth Circuit Court of Appeals. Most adult entertainment lawyers agree that this interpretation is sound throughout the country. As you can see, this is an extremely thorny issue, and one that requires the assistance of competent counsel to fully understand. All the articles and resources in the world are no substitute for real legal advice, particularly on complex issues of federal law that can result in prison terms if you get it wrong.

Connor: Speaking of softcore, would you say that a webmaster who offers only softcore is at little risk of an obscenity prosecution or conviction?

Larry: Everybody has their own definition of “softcore” just like “obscenity.” If you’re talking about mere nudity, without any sexual activity, that certainly reduces the risk of an obscenity prosecution. The problem arises with what is called the “lewd display of the genitals.” That phrase is part of most modern obscenity definitions. Thus, a work could be considered obscene even in the absence of sexual activity, so long as genitals are displayed in a lewd manner. The term “lewd” is about as vague as “obscene”, but that’s the law. Strangely, the term “lewd” in Florida is defined as something indecent or “obscene.” How’s that for circular reasoning?

Connor: How about sponsorship programs? If I send traffic to a sponsor and thus profit off the sales from that sponsor’s sites, am I at risk through association should that sponsor be charged with obscenity or other criminal acts?

Connor: One more question for you. With “virtual child porn” laws being passed by Congress, is there any safe way to operate a “teen” site? Would you advise against teen sites, even if they clearly state that the models were all over 18 at the time of the photography? Some webmasters go so far as to promote sites offering “high school girls.” Even though it’s possible for a model to be both 18 and still in high school, this seems like a risky strategy.

A Conversation with Larry Walters

by Connor Young – The ADULTWEBMASTER Magazine

Larry: I am not a fan of any type of censorship, so I probably would not suggest an all out ban on teen sites, however there are things that webmasters can do to reduce liability. First, any teen site should be reviewed by a First Amendment attorney familiar with the federal child pornography laws. Any props like teddy bears, lollipops, pig tails or anything associated with youth should be avoided like the plague. Using a website name such as “High School Girls” or “Seventeen” is just asking for trouble. The idea is that models should not be portrayed as younger than they are. I strongly believe that the “virtual child pornography” law contains numerous constitutional defects; not the least of which is that it discriminates against young-looking adults. Basically it prohibits young-looking people from participating in their chosen profession, based solely on their appearance. Nonetheless, compliance is required unless and until the Supreme Court strikes the law down, which is unlikely.

Connor: Larry, we really appreciate your time. Is there anything else you want to add to the discussion at this point?

Larry: Anybody reading this is taking a step in the right direction. Webmasters should spend a good amount of time educating themselves on legal issues relating to their content. We are involved in what is known as a “highly regulated industry,” like nuclear power or stock trading. Webmasters are expected to know the laws applicable to their business. One misstep can be fatal, particularly given the current political climate. Do not take anything for granted in this industry. Professional advice is essential. One last note; do not be scared off by all the gloom and doom predictions. The Adult Internet Industry will survive, so long as there are a few freedom fighters in the industry, and some competent lawyers who are not afraid to stick their neck out for Free Speech.

Now more than ever, webmasters are concerned about legal issues facing the adult industry. The Internet is still an infant, and the adult Web has yet to face the full challenge of a conservative administration.Now more than ever, webmasters are concerned about legal issues facing the adult industry. The Internet is still an infant, and the adult Web has yet to face the full challenge of a conservative administration. While online erotica will no doubt flourish in the coming years (just as print-based and video-based erotica has always flourished in the past), the question on the minds of many adult webmasters is: how can I keep myself and my business safe and legal while operating a business that is both profitable and responsible? The answer may lie in qualified legal representation, something too many of us often go without.

Connor: Hi Larry, and thank you for taking the time out of your busy schedule to speak with us. We truly appreciate it

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