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Judge upholds porn rules - with limits
Records must be kept on performers; chatrooms excluded
By Sarah Langbein, Rocky Mountain News
December 30, 2005
A federal judge in Denver has upheld new guidelines that require the porn industry to keep records on performers, saying the government has a legitimate interest in cracking down on child pornography.
But the ruling, issued late Wednesday, also limited the application of those rules.
U.S. District Judge Walker D. Miller said some of the guidelines were overly broad. As a result, he granted a preliminary injunction preventing the government from enforcing those rules on Internet chatrooms and Web sites that are out of the control of adult pornographers.
What will remain in place are rules that require producers of sexually explicit material to keep records of their performers, including verifying their names and ages. Performers must be 18 years or older.
The Free Speech Coalition, which represents more than 600 people in the pornography industry, filed the lawsuit in federal court this summer, arguing that the new rules violated their clients' First Amendment rights.
On Thursday, the Woodlands, Calif.-based group's spokesman said Miller's ruling "deals a substantial blow to the government regulatory scheme."
"We're pleased with some of it. We're confused with other parts of it," Tom Hymes said.
The group's lawyers were combing through the ruling Thursday afternoon, deciding whether they would ask the judge for clarification.
The group's lawsuit was triggered by revisions in May to the Child Protection and Obscenity Enforcement Act of 1998. Attorney General Alberto Gonzales approved the revised regulations.
The government said the new guidelines were designed to cut down on child pornography, one of Gonzales' top priorities.
Failure to comply could send first-time offenders to prison for five years. The result of a second offense: two to 10 years.
"Child pornographers will be denied access to commercial markets, and everything else will go forward," U.S. Justice Department trial attorney Samuel Kaplan said at a hearing in August.
Calls to the Department of Justice on Thursday were not returned.
langbeins@RockyMountainNews.com or 303-892-2536
Copyright 2005, Rocky Mountain News. All Rights Reserved.
This is disturbing the rigetwous flock to no end, and obviously we are pleased. Now this does not mean that the restrictions are off.....companies like Toyota/Scion may not take kindly to advertising on a site that features, for instance, a tribe called "Ejac-Elation!'
Also now that advertisers are flocking to Tribe, we may also attract some of the AFA vermin, not to mention moles who want to subvert our own subvertivness.
The bottom line is that the foot has lifted off the neck for now. Please remember WADE, TRIBE, AND ITS MANAGMENT ARE NOT THE ENEMY! But they must know that if the do stand and fight these futhermuckers, that we as Tribers will stand with them.
We're not stormin' Normadie yet, but the boat is on the beach...and that's a start!
polybi
Judge upholds porn rules - with limits
Records must be kept on performers; chatrooms excluded
By Sarah Langbein, Rocky Mountain News
December 30, 2005
A federal judge in Denver has upheld new guidelines that require the porn industry to keep records on performers, saying the government has a legitimate interest in cracking down on child pornography.
But the ruling, issued late Wednesday, also limited the application of those rules.
U.S. District Judge Walker D. Miller said some of the guidelines were overly broad. As a result, he granted a preliminary injunction preventing the government from enforcing those rules on Internet chatrooms and Web sites that are out of the control of adult pornographers.
What will remain in place are rules that require producers of sexually explicit material to keep records of their performers, including verifying their names and ages. Performers must be 18 years or older.
The Free Speech Coalition, which represents more than 600 people in the pornography industry, filed the lawsuit in federal court this summer, arguing that the new rules violated their clients' First Amendment rights.
On Thursday, the Woodlands, Calif.-based group's spokesman said Miller's ruling "deals a substantial blow to the government regulatory scheme."
"We're pleased with some of it. We're confused with other parts of it," Tom Hymes said.
The group's lawyers were combing through the ruling Thursday afternoon, deciding whether they would ask the judge for clarification.
The group's lawsuit was triggered by revisions in May to the Child Protection and Obscenity Enforcement Act of 1998. Attorney General Alberto Gonzales approved the revised regulations.
The government said the new guidelines were designed to cut down on child pornography, one of Gonzales' top priorities.
Failure to comply could send first-time offenders to prison for five years. The result of a second offense: two to 10 years.
"Child pornographers will be denied access to commercial markets, and everything else will go forward," U.S. Justice Department trial attorney Samuel Kaplan said at a hearing in August.
Calls to the Department of Justice on Thursday were not returned.
langbeins@RockyMountainNews.com or 303-892-2536
Copyright 2005, Rocky Mountain News. All Rights Reserved.
This is disturbing the rigetwous flock to no end, and obviously we are pleased. Now this does not mean that the restrictions are off.....companies like Toyota/Scion may not take kindly to advertising on a site that features, for instance, a tribe called "Ejac-Elation!'
Also now that advertisers are flocking to Tribe, we may also attract some of the AFA vermin, not to mention moles who want to subvert our own subvertivness.
The bottom line is that the foot has lifted off the neck for now. Please remember WADE, TRIBE, AND ITS MANAGMENT ARE NOT THE ENEMY! But they must know that if the do stand and fight these futhermuckers, that we as Tribers will stand with them.
We're not stormin' Normadie yet, but the boat is on the beach...and that's a start!
polybi
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Unsu...
Re: Judge upholds porn rules - with limits| 2257 Heat May be Off Tribe!
Sat, December 31, 2005 - 8:39 AMGot copy of the actual ruling?
A sound bite is great but means little to go by....
Rapture
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Unsu...
Re: Judge upholds porn rules - with limits| 2257 Heat May be Off Tribe!
Mon, January 2, 2006 - 12:20 AMWade, Tribe, and it's management ARE the enemy.
Why?
Because they run a company that was designed to promote free expression, and they got scared of hypothetical, non-urgent legal threat.
If anyone was going to be a target under the recent 2257-based attempts to attack pornographers, it was going to be.... take a wld guess.....ACTUAL PORNOGRAPHERS! Anyone who thinks that Tribe was anywhere above number 10000 on the DOJ's porno hit list is out of their mind. By the time the DOJ gets around to prosecuting Tribe, Jeb Bush.... no, JENNA bush will be president.
What's more, because Tribe is promoting community interaction and not selling porn, getting prosecuted would be GOOD PUBLICITY!!!! The ACLU, EFF, PFTAW, and every free speech advocate east of NAMBLA headquarters would come flying out of the woodwork offering pro-bono defence.
So Wade and Tribe Management aren't just spineless, they're failing to see a GRAND opportunity. Or maybe, they're just using an irrelevant legal situation as an excuse to sanitize their site so they can make more money from corporate sponsorship. -
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Re: Judge upholds porn rules - with limits| 2257 Heat May be Off Tribe!
Mon, January 2, 2006 - 5:15 PMYou havent been paying attention. Sites that arent pornography in basis HAVE been attacked. Including sites that have NO pictures, like Rose Red. I agree Tribe capituated,and I agree they are the enemy because I think they are hiding behind 2257 to enforce a policy they have always wanted enforced but didnt know how to without losing their already established fan-base.
But their paranoia is real, and legit, and I would back this move ONLY if I beleived that once the controls on 2257 as pertaining to ordinary websites like this one were lifted, tribe would re-evaluate their TOU back to what it was.
I dont. -
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Re: Judge upholds porn rules - with limits| 2257 Heat May be Off Tribe!
Wed, January 4, 2006 - 11:43 AM
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Re: Judge upholds porn rules - with limits| 2257 Heat May be Off Tribe!
Wed, January 4, 2006 - 4:54 PM>>So Wade and Tribe Management aren't just spineless, they're failing to see a >>GRAND opportunity. Or maybe, they're just using an irrelevant legal situation >>as an excuse to sanitize their site so they can make more money from >>corporate sponsorship.
EXACTLY! they are not only " not part of the solution" but tribe and others who voluntarily church-up their shit are helping to set the free-speech bar higher.
the only solution I see is that as soon as there is an open source bit-torrent social networking alternative, we all must jump ship....and on that note if you leave tribe, don't let tribe take over your moderated tribes. Kick out all your members first, or they will find a new maderator and keep everything you've worked for.
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