From
Forbes
Is your Internet browser a little less polluted with
porn today? Are you seeing fewer banner ads promoting hard-core sex? If
so, thank U.S. Attorney General Alberto R. Gonzales. Largely unnoticed
in the mainstream world, his new porn record-keeping regulations went
into effect today, causing fits of apoplexy among much of the porn
world.
The adult industry prepares for a legal battle that may determine
whether it can survive against the onslaughts of the Bush
Administration's anti-adult agenda, intones a recent story in AVN,
This is an attack, we are back to the dark ages of witch hunts and
instead of burning innocent people at the stake they are putting them in
jail and ripping apart their businesses and families, says the Web
site of Lisa S. Lawless, whose company specializes in videos featuring
female orgasms. Casualties so far, if anyone will miss them, include the
aptly named Bound & Gagged, which describes itself as The world's
greatest male bondage magazine. At least it was: Its Web site shut
down on Wednesday.
The new rules, which are updates to regulations that date back to 1992,
require porn promoters and distributors to maintain records proving
their models and actors are over the age of 18, instead of signed forms
and other loose documentation. In an announcement last month, Gonzales
said the new rules "are crucial to preventing children from being
exploited by the production of pornography." Although seemingly
innocuous and for a good cause, the rules have suddenly forced the
freewheeling trade to either find and organize legal documents for every
performer engaging in sex, remove the pictures, or face jail time of up
to five years for the first offense and up to ten years for additional
offenses.
Easier said than done. The only acceptable identification is
government-issued "picture identification" cards or documents, copies of
which must be available on demand from the feds, according to a
guidebook circulated among big porn clients by Paul Cambria Jr., one of
the trade's top lawyers. Oh, that includes any photos or movies shot
within the past ten years. Good luck tracking down all those once-naked
people, many of whom are foreigners or use bogus names.
And the industry only had 30 days to get the records together from the
time the regulations were announced.
The new regulations will likely drive law-abiding adult businesses
out of the industry not because they ignored the minimum-age
requirements, but because they simply cannot afford to maintain the
extensive records required under the new rules, Cambria tells his
clients.
While compiling such records is hard enough for the actual producers of
porn, they constitute the minority of much of what is distributed over
the Internet. Most Internet porn sites are run by small-time
independents who agree to distribute porn made by photographers and film
producers, in exchange for a cut of as much as $70 for every purchase
directed back to the originating sites. These so-called "secondary
producers" now must also keep age documents for every performer, a
near-impossible task that is being hotly disputed by the industry.
The Free Speech Coalition, a front group for the porn trade, filed a
motion for a temporary restraining order on Monday in Denver federal
court, in which it argued that the extension of the rules to the
secondary producers contradicts a 1998 federal court ruling (in the same
court district) that porn distributors can't be held responsible for
porn produced by someone else. A hearing scheduled for today was
canceled pending a resolution of a complaint filed in the same case. In
the meantime, the plaintiffs in the case (including members of the Free
Speech Coalition) won't be subject to records inspections, although the
new rules will be enforced for everyone else.
In theory, that means the record-keeping rules could also affect cable
companies such as Comcast (nasdaq: CMCSA - news - people ) and Time
Warner (nyse: TWX - news - people ), which provide porn via
pay-per-view, or even Google (nasdaq: GOOG - news - people ) and Yahoo!
(nasdaq: YHOO - news - people ), whose image search engines provide porn
photos and links to the originating sites (see: "Sex Sells").
Private Media Group (nasdaq: PRVT - news - people ), a porn producer and
distributor, told its U.S. Web site distributors on Wednesday to remove
the company's hard-core content, despite the fact that the company is
based in Barcelona, Spain, outside the reach of the U.S. Department of
Justice. The company says it doesn't want to jeopardize the "privacy and
safety of its models" by distributing their personal information and
records to outside Internet distributors.
In the separate complaint filed last week against the attorney general
in the same Denver court, the Free Speech Coalition and two
co-plaintiffs who produce porn argue that the rules violate their First
Amendment right to have sex on camera. They also claim the attorney
general's contention that this is all for the benefit of protecting
children is dubious at best, since performers older than 60 must now
also provide proof of age.
That may likely explain the motivation for at least one of the
co-plaintiffs, David Conners of San Diego. Under the stage name "Dave
Cummings," the gray-haired and balding 65-year-old touts himself as "the
oldest active male porn star in the business," with a repertoire that
includes Sugar Daddy (volumes 1 through 23) and Grandpa Dave's Bedtime
Tales.