The room that was perhaps one-fifth full during the “Do-It-Yourself Copyright Law” seminar quickly started to fill just prior to the popular “Legal Update” seminar. The setting was the Sands Expo Center in Las Vegas, Nevada, and the event was the 2004 Winter InterNext Expo, a semi-annual gathering of adult Internet professionals that features seminars, exhibits and professional networking opportunities.The room that was perhaps one-fifth full during the “Do-It-Yourself Copyright Law” seminar quickly started to fill just prior to the popular “Legal Update” seminar. The setting was the Sands Expo Center in Las Vegas, Nevada, and the event was the 2004 Winter InterNext Expo, a semi-annual gathering of adult Internet professionals that features seminars, exhibits and professional networking opportunities. InterNext’s seminars range in topic from Web site traffic generation and marketing, to legal concerns such as patents, copyright law and the government’s latest attempts to regulate the adult entertainment industry. Attendance at InterNext seminars varies, and is tied in with the popularity of each seminar’s topic. While the “Legal Update” seminar didn’t pack the room, it did draw a sizable crowd – a fact that speaks plainly to the desire of many adult Webmasters to stay on the right side of the law while working in a legally complex industry.

Panel speakers included distinguished attorneys: Roger Wilcox, of Lipsitz, Green, Fahringer, Roll, Salisbury and Cambria; Greg Piccionelli, of Brull, Piccionelli, Sarno, Braun & Vradenburgh; J.D. Obenberger, of xxxlaw.net; Clyde DeWitt, of Weston, Garrou & DeWitt. The panel was moderated by attorney Fred Lane, author of Obscene Profits. Each attorney took a turn presenting what he felt were important legal issues facing the online adult entertainment industry in 2004.

Attorney Greg Piccionelli kicked off the round of verbal presentations by covering significant topical ground, from the threat of prosecution that most adult Webmasters must face to the civil issues that threaten the industry. Piccionelli pointed out that anything published online can be tracked and archived, making it easy for federal prosecutors to quietly build cases against adult entertainment companies and individual Webmasters over a period of time. He also spoke about the industry’s battle with the company Acacia, and Acacia’s patent on streaming media, as an ongoing issue that affects the entire industry. Piccionelli also advised Webmasters who publish adult content to thoroughly comply with the record-keeping requirements set forth by 18 U.S.C. § 2257.

Perhaps the most sobering legal warning offered by Piccionelli was that of the dangers of contributory and vicarious liability; adult Webmasters could possibly find themselves being prosecuted based not on the content they publish themselves, but on the content published by other sites with which they have a business relationship. Piccionelli urged attendees to discuss this topic with their attorneys to assess and reduce any potential legal risks.

Attorney Roger Wilcox filled in for his MIA partner Paul Cambria and did a terrific job covering the basics of the PROTECT Act in terms of how it affects adult industry professionals. Pointing out that the Act has equipped the Justice Department with a sizable number of new obscenity prosecutors, Wilcox painted a picture of a Justice Department that is gearing up for a battle with online pornography. Wilcox explained that the Justice Department has its own school, which educates new prosecutors on legal issues of concern to the federal government; according to Wilcox, many of the courses being taught at this school focus on the Internet and online crimes. Wilcox used these points to press his case that the federal government is certainly concerned with high tech crime, and that the adult Internet industry should understand that it is indeed being watched by the American government.

Wilcox also pointed out that the PROTECT Act removes judicial discretion in the case of § 2257 violations, resulting in mandatory federal jail terms for non-compliance. He warned Webmasters that sites which lack proper 2257 statements and provide children easy access to explicit hardcore place their owners at risk. Wilcox advised Webmasters to do their research, and to buy their content from trustworthy companies.

Attorney J.D. Obenberger of xxxlaw.net spoke next, starting off by warning adult Webmasters not to get too enamored by the possibility of adult entertainment going “mainstream”. Obenberger pointed out that there have been times in past decades when it appeared adult entertainment was headed mainstream, but that the promise never panned out into reality. He then moved on to the topic of spam, welcoming the “CAN-SPAM” Act as a positive development for the industry. According to Obenberger, explicit and unsolicited emails sent to the inboxes of children are alienating the adult industry, outraging the general public and providing ammunition for those entities pushing for anti-porn regulations and prosecutions.

Obenberger’s presentation then moved on to what he felt were the most significant recent legal developments, in terms of the adult industry.

First on his list was the indictment of Extreme Associates on charges of obscenity. Obenberger expressed regret that the Extreme Associates case hasn’t been getting the attention that it deserves from the adult industry, and warned that a negative outcome in this case could have serious repercussions for the rest of the industry – even those people who now feel they aren’t affected. Obenberger said that a unique aspect of the case against Extreme Associates is the government’s targeting of individual, 21-second AVI files as separate obscene works, rather than looking targeting the entire Web site where the clips were displayed. This trend, if allowed to stand in court, could make it virtually impossible for pornographers to show the serious literary, scientific or artistic value that would preclude their offerings from being deemed legally obscene by a jury.

In terms of the United States Supreme Court’s position on obscenity law, Obenberger pointed out that the majority of the Justices who now sit on the Court are not in favor of using local community standards to judge online content for obscenity. According to Obenberger, the Supreme Court’s last ruling on COPA showed more Justices are in favor of using a national standard for testing online content for obscenity, rather than local standards – potentially good news for the adult industry. Obenberger also warned that the government hasn’t given up on the local standards test, and is trying to make the case that local standards can and should apply to online content.

In other comments, Obenberger warned Webmasters not to think that obscenity laws wouldn’t potentially be used against them just because they didn’t offer “extreme” content, and pointed out that a man recently was sent to jail over “Hustler Barely Legal” content that he offered for sale in his store – content that is considered pretty tame by most industry professionals. Obenberger also mentioned that Ashcroft has one year to report back to Congress about Justice Department efforts in terms of 2257 enforcement, making it imperative that Webmasters comply with 2257 immediately if they’re not doing so already.

Obenberger’s final message to Webmasters was that they should watch their behavior and avoid selling “extreme” hardcore content that steps off the beaten path, as it carries an elevated risk.

The seminar wrapped up with a presentation by attorney Clyde DeWitt, who is also a regular columnist for AVN Online. DeWitt echoed comments made previously by Obenberger concerning the problems created by spam – especially in terms of the public’s perception of the adult entertainment industry. DeWitt concurred with Obenberger that those people in the industry who send out explicit spam to children and provide easy access to online hardcore are angering the general public, and that the result will be more federal scrutiny. DeWitt talked about the adult video industry of the 1980’s and its battle with government censors, and predicted that if George W. Bush is re-elected in November for his second and final term, he will be free to target adult content without concern for popular opinion. DeWitt ended his speech by encouraging the adult industry to find ways other than spamming to get its message out to adult consumers.

If there was a theme in this year’s Winter InterNext “Legal Update” seminar, it was a theme of professional responsibility. If the federal government is indeed intent on prosecuting adult entertainment, then it’s in the best interest of industry professionals to protect themselves through risk awareness and professional behavior, and in the process make the Justice Department’s censorship crusade an uphill battle.

Connor Young is Editor in Chief of YNOT News and TheAdultWebmaster.com, both properties of YNOT Network LP.

The room that was perhaps one-fifth full during the “Do-It-Yourself Copyright Law” seminar quickly started to fill just prior to the popular “Legal Update” seminar. The setting was the Sands Expo Center in Las Vegas, Nevada, and the event was the 2004 Winter InterNext Expo, a semi-annual gathering of adult Internet professionals that features seminars, exhibits and professional networking opportunities.The room that was perhaps one-fifth full during the “Do-It-Yourself Copyright Law” seminar quickly started to fill just prior to the popular “Legal Update” seminar. The setting was the Sands Expo Center in Las Vegas, Nevada, and the event was the 2004 Winter InterNext Expo, a semi-annual gathering of adult Internet professionals that features seminars, exhibits and professional networking opportunities. InterNext’s seminars range in topic from Web site traffic generation and marketing, to legal concerns such as patents, copyright law and the government’s latest attempts to regulate the adult entertainment industry. Attendance at InterNext seminars varies, and is tied in with the popularity of each seminar’s topic. While the “Legal Update” seminar didn’t pack the room, it did draw a sizable crowd – a fact that speaks plainly to the desire of many adult Webmasters to stay on the right side of the law while working in a legally complex industry.

Panel speakers included distinguished attorneys: Roger Wilcox, of Lipsitz, Green, Fahringer, Roll, Salisbury and Cambria; Greg Piccionelli, of Brull, Piccionelli, Sarno, Braun & Vradenburgh; J.D. Obenberger, of xxxlaw.net; Clyde DeWitt, of Weston, Garrou & DeWitt. The panel was moderated by attorney Fred Lane, author of Obscene Profits. Each attorney took a turn presenting what he felt were important legal issues facing the online adult entertainment industry in 2004.

Attorney Greg Piccionelli kicked off the round of verbal presentations by covering significant topical ground, from the threat of prosecution that most adult Webmasters must face to the civil issues that threaten the industry. Piccionelli pointed out that anything published online can be tracked and archived, making it easy for federal prosecutors to quietly build cases against adult entertainment companies and individual Webmasters over a period of time. He also spoke about the industry’s battle with the company Acacia, and Acacia’s patent on streaming media, as an ongoing issue that affects the entire industry. Piccionelli also advised Webmasters who publish adult content to thoroughly comply with the record-keeping requirements set forth by 18 U.S.C. § 2257.

Perhaps the most sobering legal warning offered by Piccionelli was that of the dangers of contributory and vicarious liability; adult Webmasters could possibly find themselves being prosecuted based not on the content they publish themselves, but on the content published by other sites with which they have a business relationship. Piccionelli urged attendees to discuss this topic with their attorneys to assess and reduce any potential legal risks.

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