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Topic: The coming administration and its influence by Ilsa Strix (Read 716 times)
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DominatrixRose
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this is a post found on http://www.maxfisch.com/thehang
The coming administration and its influence
01/17/01 11:50 PM
By Ilsa Strix
"Pornography has no place in a decent society. As Governor of Texas, I have used the bully pulpit of my office to send the message that pornography is not welcome in the Lone Star State." The letters continued, "If I am fortunate enough to be elected President, I will insist on vigorously enforcing federal anti-pornography laws" (-George W. Bush MIM press release, 10/30/00 ).
Dear Mistresses, adult webmasters and adult video makers,
I have just returned from Internext, the adult Webmaster conference and felt it important to share what I have learned. Whereas last year I returned home brimming with ideas for site improvement, this year I am coming home with a lesson in what the coming administration has in mind for the adult Industry. The picture painted was not a pretty one, as it seems the religious right may be helping to interpret our laws in a moral crusade for the next four years.
I am writing this to you so that you have an idea of what to watch out for so you can avoid tangle-ups with the federal government. Please know that I am not a lawyer and this should not be considered legal advice in any way, shape or form. This is merely a summary of what was discussed at the Internext convention and I personally thought it was important enough to share with those I know who may be affected.
Ultimately you may want to consult with a good first amendment lawyer, as they will be able to give you a clearer idea of how the law is being interpreted.
The coalition for free speech http://www.freespeechcoalition.org, National Act http://n-act.org, the electronic frontier foundation http://www.eff.org/blueribbon.html, The digital future coalition http://www.dfc.org, the Free Expression network http://www.freeexpression.org, and AVN Online http://www.avnonline.com are excellent sources to further research this material and or put you in touch with an attorney.
Although it can't be predicted where Ashcroff's 21.8 billion dollar budget will go, here are some of the things they may be concerned about:
1. Minors in the pictures, child pornography, has been a theme of Janet Reno's and will continue.
· You need to have records that comply with 18 U.S.C. 2257 to prove that every person who is naked, engaging in a sexual act, or participating in sadomasochistic activities is an adult.
· Your records will need to be up to date with the location of the files listed on your material.
· The regulations for the code is available at: http://www4.law.cornell.edu/uscode/18/2257.html
2. You will need to keep your adult material away from Children.
· Use warning labels in your metatags.
· Register with Cybersitter http://www.cybersitter.com , NetNanny http://www.netnanny.com , ICRA http://www.icra.org/labelv02.html , Cyber Patrol http://www.cyberpatrol.com , Safesurf http://www.safesurf.com .
· Put in a firewall like Agecheck http://www.agecheck.com or a subscription area (that is only credit card based as the telephone based ones do not provide age verification) so that children cannot enter and see nudity, sexual acts or sadomasochism.
· There should be nothing on the outside of your site that is more risqué then a Sports Illustrated swimsuit edition.
3. Your business practices- the Federal Trade Commission has already begun a string of busts against adult Internet sites (RGB being the biggest). Make sure that if you have a commercial site that you:
· Have excellent customer service
· Not just online cancellation but also phone and mail
· Do not Spam with unwanted email
· Do not use the word "Free" if there are any conditions. Free is Free.
4. Know that the legal definition of obscenity. A 1974 Supreme Court decision, Miller v. California, says the government may limit the distribution of obscene material that is offensive, prurient, and has no "serious literary, artistic, political, or scientific value." That means make your site of value- put in non-sexual articles, artwork, political commentary, or discoveries. This is why magazines like Playboy always have articles- to prevent being considered obscene.
5. Know that obscenity is also based on community standards, which means if a someone gets offended by a golden shower or fisting in your video or website that they viewed in their small town in the bible belt, they can prosecute you. If convicted, you are looking at possible jail time as well as possible forfeiture of both personal and professional assets.
6. Know that if they deem more than one material obscene (for instance two videos) they can then prosecute for the additional charge of racketeering (the RICO act), which will generally include jail time. They may, if they do not get a conviction, try to get you for money laundering or tax evasion. The stress of arrest and the cost of legal representation will likely end your business.
7. Know that torture pornography is adds four levels to the obscenity law, meaning that it will be considered a greater crime and therefore warrant greater prosecution.
8. Know that dressing someone up as a child is considered synthetic child pornography and is in the middle of a heated legal battle; therefore avoid it.
9. Know what your local laws are. For instance, in Alabama it is illegal to own a vibrator. There is a listing of legal links on http://prodomination.com/resourceguide/resourceintro.htm
For the last eight years Janet Reno has focused her attention as Attorney General on Child Pornography, avoiding direct attacks on consensual adult material.
The only group that has been actively prosecuting the adult Internet is the Federal Trade Commission, who protects consumers from fraudulent trade practices.
This will change.
Whatever you put on your site you should be willing and prepared to defend.
In hopes this helps to make the next four years some of our best,
Ilsa Strix
http://www.ilsastrix.com
http://www.prodomination.com
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