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The American Civil Liberties Union, long an ally of the adult industry as far as First Amendment issues are concerned, has filed an amicus ("friend of the court") brief in Free Speech Coalition's bid to overturn 18 U.S.C. §§2257 and 2257A, the federal recordkeeping and labeling laws.
In the news:
-Whip me, beat me, hurt me... What is obscenity?
-Boxee unveils new payment platform.
-Pink Visual files $6.75M suit against Brazzers.
-WFT: Reporter freaks over swing club in adult store.
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Hadopi, the French agency tasked to enforce the country's ludicrous "three-strikes" anti-piracy law, recently received some unwanted attention for using copyrighted typeface due to an "oversight".
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Hypocrisy happens in all levels of society. And in this case, it's the Chinese government who's looking pretty foolish during these past six months. What's more, if the US federal court will ever find Chinese officials guilty of stealing proprietary codes from CYBERsitter, this might affect the way big private businesses will deal with China.
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You know what the problem with legislation in governments? They create laws that sound good in paper but never good in reality. Take this new anti-porn laws in Indonesia, for instance. The law supposedly persecutes any form of pornographic material. In order to put teeth into the law, they have arrested a bunch of exotic dancers and the club manager where they work.
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Online piracy had gotten the French government so edgy that they resort to exercising some tough love to its citizens. If individuals are caught downloading and patronizing pirated material, they will have their time in court to be reprimanded, or, worse, sentenced for jail time.
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Okay, you know how some domain people shamelessly exploit celebrity names to use as a marketing ploy (or as a scam to discredit the celebrity)? Well, in this case, the situation is reversed. But instead of a domain company, it's a company that encourages marital infidelity. And the person involved is a D-list Hollywood actress. Juicy enough for you?
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And when you thought we will finally have a voice in government, deputy U.S. Attorney General David Ogden steps down barely a year after he was assigned to the post. I guess it was too good to be true. Since he was given the position, every Right wing moron had been giving him the evil eye.
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Rhett Pardon writes a disconcerting development on how government is implementing control over online porn. According to a recently introduced bill -- namely HR 4059 -- to Congress, it states that porn site owners and even payment service providers are liable for not providing age verification systems into their sites.
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Pornstar Sasha Storm is suing for a million dollars over damages for nonpayment of revenue. She was featured in various websites from Las Vegas-based Desert Entertainment since 2005. She apparently hasn't seen a cent over it. What comes to mind however is how Storm waited close to five years to get this settled. Details about the defense haven't been disclosed.
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Rhett Pardon reports of a class action suit filed against domain auctioneer SnapNames.com. A group of former clients found out that a former SnapNames executive have been ratching up bids to manipulate a higher price in the domains they are selling.
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2257. Can it get any more dull than that? Actually the interview today is one of the more interesting conversations I've had in a while. I didn't know there were so many options available to those that didn't want to deal with handling the requirements of 2257 record keeping, whether you are a content producer or an adult webmaster. And don't think that just because you are a webmaster that you are in the free and clear either... chances are you are not protected from these requirements by your affiliate program partners.
So who are we talking to today? Michael Fattorosi, of AdultBizLaw.com and an adult industry attorney which represents clients with all types of 2257 needs. Take a listen.
In the news:
-Redtube launches more legal salvos in ploy to raise absurdity.
-Community obscenity standards judged to be national affair.
-Obama hard at work to kill illegal tubesites?
-WTF: Man tatoos face in publicity stunt promoting porn site.
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Pornstar Flower Tucci is in legal hell at the moment. She is fighting for her name. And I mean that literally. She is fighting Reality Kings along with other companies for copyright infringement and cybersquatting. These companies have created websites based on her porn name and are using it for profit.
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Thailand's Cyber Crime Act is probably one of the most stringent laws around. The Thai government has been enforcing it in full force since it was promulgated last 2007.
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Now after all the coverage of 2257 and other federal indictments, why do we need to get another dose, this time specifically on Obscenity? To help protect you and your business from unreasonable targeting by the government. That's right this interview is all about flying under the radar in order to minimize the risk of having the feds knocking on your door; and don't think just by being an affiliate you escape this risk!
So who is the guest this week? Larry Walters of First Amendment.com of course! One of our favorite lawyers to interview because he can speak so eloquently about complicated topics. So here we go: Defining obscenity in the legal sense; what can be considered obscene and what forms can it take; How you can be proactive NOW, in order to beef up your defense later, if that time should come; How we as an industry can avoid obscenity prosecutions; and most importantly- the 3 most critical steps you can take today to decrease your risk of obscenity prosecution!
In the news we talk about the possibility of Microsoft's Bing buying pornographic keywords on Google Adwords; How a town's website was used to promote porn via social networking; LA's finest are cruising filming locations to fill the city's coffers; and WTF: Syphilis tests in exchange for a Walmart giftcards.
Ella Black is back for week #2 and joins J-SiN as Co-Host of the podcast. Keep listening to see how this podcast continues to morph and grow.
*** Oops! We had some technical difficulties and somehow ended up with a half complete episode until Monday (Sept 21 2009) evening. If you downloaded the podcast before then, please re-download.
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Well it was destined to happen once in a while: technical difficulties... Instead of a normal interview this week we are bringing you the next Cybernet Expo panel in its place. Never fear, we will be back with your beloved SiN2.0 interview next week. But for this week please enjoy the last Cybernet 09 panel in the series.
Do you have a website or blog? Link to us! Just copy and paste this code: <a href="http://www.sin20.com">SiN2.0 - Sex Information Network</a>
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Oh man, this story cracked me up! What we have here is a story about two competing content-theft operations that ratted each other out in an attempt to get rid of the competition. Not the smartest move since all parties involved ended getting arrested charged with felony copyright infringement and unlawful labeling.
Albert Gonzalez, along with two unnamed men, was charged with stealing 130 million credit card numbers, making it the largest case of identity theft in American History! I found it rather amusing that Gonzalez use to help the US Secret Service by tracking and reporting hackers.
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This case has it all: an internet entrepreneur, a lawyer, the bleeding heart nurse, the young dumb thief, and RICO conspiracy…YES! What makes this story so historical is it is the first time someone will actually face criminal prosecution not just civil suit litigation for the theft of a virtual item.
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A Florida rapper is charged with "corruption by threat of a public servant," an has received a 2 year prison sentence for the lyrics in his rap song "Kill Me a Cop,". I should mention this song was uploaded on Myspace for crying out loud, and that's were the Lakeland Gang task force heard it.
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And the “Patient Zero” drama continues… the latest episode entails Patient Zero filing a civil rights lawsuit against Cal-OSHA as a means to prevent the agency from learning their identity and work history. No surprisingly OSHA has continued to harass AIM into revealing the identity of Patient Zero. HELLO!! That’s illegal!
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Ah Republicans… you scare me and entertain me at the same time. So, Rep. Steve Buyer came up with the best idea ever- add a surcharge to health insurance premiums for people engaging in any risky behavior. This means that all you fat, lazy, nicotine addicted nymphos are in trouble.
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The AIDS Healthcare Foundation is suing Los Angeles County public health officials, claiming they should have done more to require condom use on porn sets. Michael Weinstein, president of the Hollywood, Calif.-based AIDS Healthcare Foundation also claims that Los Angeles health officials are “afraid of the industry." Here we go again.
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Toys 'R' Us really is for big kids now. The store had to send out a big apology after a mother and her 8 year old daughter found porn on one of the stores laptop. The computer must have been in sleep mode before the little girl touched a button springing the porn to life.
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A Pennsylvania man has been ordered into Anger Management class for his questionable action of blasting porn to scare away the neighborhood kids from his house. Holy shit, anger management? This definitely taught me a lesson. Keep it down in the bedroom and just have killer clowns pop out of the bushes to really scare the shit out of the neighborhood kids.
When will young people learn, if your gonna fuck in a car make sure you don't get caught! Especially if you have the makings for a meth lab in that same vehicle. Oh stupid, horny people getting caught will never get old.
If you haven't heard the name Shellee Hale of Washington state let me be the first to introduce you to her. She is a blogger who was basically told by a New Jersey Judge that her ranting blogs does not make her a journalist. If you get a chance Google, Yahoo, Ask Jeeves, whatever your search preference is check this lady out! The PI turned mad blogger is a lesson for us all.
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I'll leave the WTF's to DerbyGrrl, this more of a What the Hell!?! So a lady maybe down on her luck or just hungry decided to give a blow job for a case of chips valued at about $30. Who am I to judge, though the thought of Frito chips after guzzling cum makes my stomach turn a little. The kicker is the state arrests her and fines her $1142, What the hell!
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New Delhi High Court has ruled that sex between same gender partners is legal, and the excitement can not be contained! The ruling brings India out of the dark ages and into the 21st Century, but could still face an uphill battle in India's Supreme Court.
In early June of this year SiN2.0 posted on the story of Pricewert being taken out of commission by the FTC for allegedly participating in the distribution of spam, child porn, and other harmful electronic content. Now customers, who's only crime was being a client, are really feeling the sting of this action as they are steadily losing money everyday.
What the fuck hot topic just came out of Ukraine. You better have one hell of a doctor's note prescribing all that porn you own or else you are now looking at a criminal offense. I'm curious as to how that doctor visit goes.
"Hey Doc, I threw my back out and may need to jack myself off to throw it back into place."
"I agree, here's your prescription for porn."
Black and Borden of Extreme Associates pled guilty in court and have been blessed with a sentence of one year and one day in prison. They could be out on parole as soon as 10 months. Neither of these two or their corporation will have to pay any fines.
Amazing since their fellow obscenity trial peers ended like this:
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The FTC announced that it shutdown Pricewert, a San Jose, Calif. ISP that allegedly participates in the distribution of spam, child porn, and other harmful electronic content. According to the FTC's complaint, Pricewert recruits and conspires with criminals seeking to distribute illegal and harmful electronic content over the Internet.
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The Louisiana house has voted to levy an Internet access charge of 15 cents statewide. I bet you couldn’t guess that this was spearheaded by a Republican. The revenue from the bill is earmarked to finance a division that investigates online crimes, specifically Internet sex crimes against children.
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I’m all for protecting children, but this is just lame… Iowa manga collector Christopher Handley pleaded guilty to importing and possessing Japanese comic books that included images of child sex abuse and bestiality. They are freaking comics! Handley is the first person convicted under the 2003 PROTECT act, which makes it illegal to buy or own cartoons, drawings, etc.
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While this story was not featured on this week’s WTF portion on the podcast, it’s definitely a WTF story! Five representatives of the Spanish music rights/anti-piracy group SGAE took it upon themselves to conduct a search of Juan Colonel’s home in Bonar, Spain without a valid warrant.
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Apparently there is some justice in this world… A South Carolina judge issued a temporary restraining order blocking state Attorney General Henry McMaster from pursuing criminal charges against Craigslist. Under section 230 of the Communications Decency Act, a website cannot be held criminally or civilly liable for the postings of its users.
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A new law passed in India that could result in a five-year jail sentence and a fine up to $1.4 million for consuming porn. Hold on, things get worse… The law would give full powers to authorities that include raids and arrests without a warrant.
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This has to be one of the stupidest things I have read! Amanda Madison, 18, and Joshua Sizemore, 23, were arrested after a stripping game lead to throwing rocks off an interstate bridge. The act resulted in 14 damaged cars (including a Washington State Patrol cruiser), one injured person and 14 charges of second-degree assault against the two.
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After being harassed and persecuted by the South Carolina Attorney General, Craigslist is fighting back with a lawsuit seeking “declaratory relief and a restraining order” from Attorney General Henry McMaster. Recently, Craigslist removed its “erotic services” category from all its U.S sites to appease McMaster and other state Attorney Generals.
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A Cairo court has issued a ruling to ban porn sites saying "freedoms and public rights are not absolute; they are limited by the respect of the family which is the base of the society." Whatever that means… The case was filed by an Islamic lawyer who argued that adult websites corrupt and destroy Egyptian morals.
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Craigslist announced this week that they are dropping the erotic service section on all US sites. Craigslist has been under a lot of pressure to remove this category from several state officials and law enforcement, even more so after the Craigslist killings.
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As the war on piracy rages on, it would seem that the focus has moved from prosecuting individuals to targeting ISPs. While it would seem that many US ISPs are bowing down to the RIAA, it’s nice to see that some ISPs are standing up to these types of groups.
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I remember hearing about the Megan Meier suicide and thinking what the fuck was wrong with the grown woman who cyberbullied the 13 year old girl to the point she felt she had to kill herself! Well now Democrats want to step in and make sure this doesn’t happen to anyone else by purposing The Megan Meier Cyberbullying Prevention Act.
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With all fighting going on between copyright holders, pirates and ISPs, it’s refreshing to hear that New Zealand is considering throwing out their copyright law and starting again from scratch. As is the case with every other country, the original Kiwi legislation was drafted long before there was a need for protecting intellectual property online.
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I thought this was an interesting article for those of you out there running a site. A U.S. District Court has ruled that Terms of Service can’t be amended on the fly and without notice to users. This came about after a Texas woman sued Blockbuster for violating her right to privacy.
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It looks like Adult Friend Finders luck has gone from bad to worse… Already suffering from sever financial trouble, AFF’s ex-director of HR, Natalie Cedeno, is suing the company after being fired over a series of run-ins with management for practices she believed were improper or illegal. These run-ins range from racial discrimination to sexual harassment committed by top execs.
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Alright! Way to go Oregon for passing a bill in record time before members of the House found the subject too gross to talk about. Bill 2478 is working its way to the Senate in hopes of keeping criminals from dumping their body fluids on those disinterested in the experience. Funny, I thought that was called assault and was already illegal.
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