June 23, 2005

Blue Law (2257) Makes Webmasters See Red

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SOURCE: www.WIRED.COM

According to the Department of Justice, it's time to update the federal law with the internet in mind. The new regulations "merely" improve record-keeping rules, federal lawyers wrote in a defense of their proposal.

The adult industry isn't so sanguine. The government "is passing these burdensome regulations to try to cause people to shut down or move out of the United States," Walters said.

Another adult industry attorney, Eric Bernstein, said he's advising his clients to get their records in order and prepare for the worst. "Everybody needs to assume that they're going to get a knock on the door," he said. "They can't say, 'Well, there are a million adult sites and only 20 investigators, what are the chances I'll get visited?' If they do that, they do so at a very significant risk."

The countless porn sites that steal content from others will be in jeopardy as well, potentially to a much greater extent than they face on the copyright-violation front, Bernstein said. He predicts that the number of free porn sites, which often rely on swiped photos and videos, will drop.

What else will happen if the new enforcement guidelines survive legal challenges? Attorneys and industry insiders expect a major shakeout. "There are going to be a lot of people who go out of business, and a lot of people who fill the gap and go into business," Bernstein said. "You'll see fewer and fewer people buying content from others unless they literally get the records. You'll see new production and new content coming out of this."

In addition, he said, "vintage" porn -- produced before July 3, 1995 -- may become more popular because the new enforcement regulations don't require age records for older content.

The new regulations raise other issues, too. Some adult performers are afraid their personal information -- including their real names and addresses -- will land in the hands of countless webmasters who now need to keep age records for every image on their sites. On the other hand, performers should expect this sort of thing, said William Margold, an industry activist and former porn actor. "When your privates become public, you lose all your privacy," he said.

For now, porn site owners are hoping for a legal victory. That may seem to be a long shot considering the U.S. government's hard-right turn in recent years, but the industry is crossing its fingers.

In the end, said Margold, American citizens will be the ultimate arbiters of their rights to access porn: "Until the public admits it watches this and allows itself to be counted, it deserves to have the stuff taken away."

Posted by MK Magazine at June 23, 2005 08:48 AM