Adult Web Industry, the Time is Now!
It seems like everywhere you look these days, there’s a battle for the adult industry to fight. Whether it’s the Free Speech Coalition’s (FSC) challenge to the federal record-keeping and labeling regulations, governmental efforts to close topless clubs in cities ranging from Scottsdale, AZ to Portland OR, or any number of pieces of legislation now pending in Congress, it’s clear that there’s an active, organized effort to curtail, if not entirely eradicate, the legitimate adult entertainment business in this country.For many on the internet side of the adult entertainment industry, what is happening is entirely foreign; most entrepreneurs in the Web sector of porn are relatively young, and got into the industry long after the “dark ages” of the porn industry under the Reagan Administration. The name “Bruce Taylor” probably means very little to most webmasters; he was a virtual one-man wrecking crew of obscenity prosecutions back in the 80’s. (And, by the way, Bruce is back; the Bush Administration has tapped him to be their point man in their current anti-porn crusade.)
For those who aren’t in simple denial about the regulatory campaign being waged against our industry, it can all be a little overwhelming, even fearsome. Now is not the time to despair, however. As the FSC’s progress in their challenge to 2257 has shown, our side of the conflict is not without weapons, and really does have the wherewithal to confront even the most substantial obstacles placed in our way.
Far from being a time for panic or retreat, now is the time for our industry to band together, and use our significant reach and communications abilities to educate the public as to the way that we – the vendors of a form of entertainment a large portion of the public clearly enjoys – are being selectively targeted by governmental and cultural elements that don’t simply don’t like, or approve of, the nature of our products.
The good news is that we can already see evidence of at least the seeds of unity, the first wagons in the circle, so to speak; signs that our industry is banding together to confront the challenges we face.
The decision from Judge Walker D. Miller last week, which attorney Greg Piccionelli said is “read appropriately as a tremendous victory,” also represented something that Piccionelli called a “more implicit” manner of victory.
“In the Bush Administration’s attempts to battle what it sees as a disjointed and unorganized enemy, they have united the industry,” Piccionelli said. “The Free Speech Coalition’s membership growth is as much a victory as the decision itself – not for the FSC, but for the industry as a whole.”
While it’s clear that Piccionelli’s enthusiasm for the FSC is not universal within the industry (we’ve all seen how the boards light up on occasion with posts from those who claim the FSC is nothing more than a group of greedy attorneys trying to bilk adult industry entrepreneurs of their hard-earned cash), it’s clear that the FSC does represent the sole organization that is giving our industry any kind of voice in the all-important areas of jurisprudence and the legislative process. To wit; virtually everyone in the industry agreed that the new 2257 regulations were a disaster, but only the FSC actually did anything to combat that disaster.
Whatever your opinion of the FSC and its agenda, don’t allow yourself to be misled about its work. The notion that the individuals involved in the FSC are in it to “get rich” is patently absurd. The fact is that the majority of the legal team contributing to Free Speech Coalition v. Gonzalez is working entirely pro bono, and the two major law firms heading up the case are billing at a fraction of their usual rate. Also, no serious follower of legal issues can suggest that Jeffrey Douglas, the chair of the FSC, couldn’t opt for a far more profitable line of legal work, were it true that financial gain were his motive.
Given that the FSC represents the industry’s best hope for an effective front against the so-called “campaign for decency” being perpetrated upon us, it’s time for adult webmasters, affiliate program owners, content producers – in short the whole range of individuals and organizations that comprise our industry – to step up to the plate and help the FSC in fighting the good fight. Don’t join just for the benefits of legal protection afforded by the injunction that the FSC just won in Denver, join because we are at a crucial juncture in our industry’s existence, and a watershed moment for its future, and the FSC represents the best hope for that future.
I wrote earlier of using our reach and communications ability to get the word out to the public about regulatory efforts, many that I maintain are fundamentally unfair and over-burdensome, and to educate our customers about efforts to deprive them of the products they enjoy. To that end, there is much that webmasters can do:
1) Use the well-trafficked areas of your sites to post messages encouraging site members to contribute to the FSC – or, if you prefer, the ACLU or another civil liberties/free speech organization. (You may not like some of the ACLU’s clients, but consider the fortitude it takes to represent someone like a Klansman, and then consider that if it is ever your back that’s against the wall, and your ideas that are unpopular, which organization can you count on, unquestionably, to come to your defense…)
2) Post links to the websites of legislators who have targeted the industry, and to articles, press releases, etc. about their legislative efforts, and point out to your customers precisely which politicians have taken particular interest in depriving them of the material they currently enjoy on your site.
3) Get involved more directly with the efforts to protect the industry. If you have information that might prove valuable to the FSC in its effort – for example, a specific instance in which a model or performer has been stalked or harassed by a fan or customer – get in touch with the FSC and pass that information along. If you have technical expertise that could contribute to their arguments about the burden of complying with the regulations, contact the FSC about the possibility of serving as an expert witness; even if you aren’t called as a witness, the information you provide could be valuable.
It’s not just about supporting the FSC, of course, and one should not overstate the significance and impact of last week’s decision. The feds can still knock at your door, especially if you’re not a member of the FSC, and potentially even if you are member, because 2257 does not involve just record-keeping and inspections.
“It’s important to remember that it is a federal record-keeping and labeling law,” Piccionelli noted. “You must have an appropriate statement indicating the name and address of the Custodian of Record.” Nothing in Judge Miller’s decision last week changes that basic requirement, and a casual glance around the Web indicates that not all webmasters have fully absorbed what is required of them.
In short, if you are ignorant of the law, it is unlikely that you will be compliant with it. It is crucial that all webmasters of sites that contain content subject to 2257 speak to an attorney who is knowledgeable with respect to 2257, and make sure that the labeling of their sites is compliant with the regulations.
I hate to sound like a broken record, but this is it folks – the time is now. If you’ve had your head in the sand, pull it out, get your house in order, and throw your hat in with those that have been fighting on your behalf all along. Difficult days lie ahead, and only united can we navigate our way effectively towards continued industry growth and prosperity.