At the City Administrator’s office this morning, the Working Group on the City of Los Angeles Safer Sex in the Adult Film Industry Ordinance met to review a report on enforcement strategy for condom ordinance on adult sets.

The meeting was started and it was announced that the Working Group report on enforcement was not ready and that another meeting would be scheduled next week, when the report should be completed. Despite the postponement, a public commentary period was allowed.

Adult industry members that attended the meeting included Immoral Productions owner/producer Dan Leal, industry attorneys Michael Fattarosi and Allan Gelbard, FSC Executive Director Diane Duke and Membership/Communications Director Joanne Cachapero.

Among those in the Working Group were representatives from L.A. Fire Department, Film L.A.,  the city council, the city attorney’s office and the department of public health. L.A. Police Department and Cal-OSHA representatives were absent.

During the public commentary period, Leal reported a situation that occurred last night on a webcam shoot for Immoral Productions. Leal said Los Angeles police had visited the set and that a citation had been issued to the camera operator (an independent contractor), for shooting a commercial production without a permit. Leal requested for the group to clarify if permits where required for any commercial shoot, even including a husband and wife that might produce amateur webcam content for profit in their home.

Leal and those present were informed that permits are required for any commercial production that is not shot on a soundstage.

FSC’s Duke then spoke, pointing out that the adult industry should not be treated differently than other entertainment media, based on sexually explicit content.

“You deal with film permits everyday,” Duke said, “but if the adult industry is going to be treated differently, then we have a problem with that.”

She went further to explain that an ordinance applied specifically to the adult industry would put the industry in a position to experience other forms of discrimination and censorship.

At that point, AIDS Healthcare Foundation (AHF) representative Mark McGrath was allowed to speak on behalf of the HIV nonprofit organization behind the push to enforce mandatory condom law.

He called the adult entertainment industry an “outlaw” industry, and said the industry had been violating condom regulations all along. He said that it was time for the industry to have a “modicum of corporate citizenship,” in regards to condom use. And he also stated that the city should call for RFPs (request for proposal), in order to establish contracts for enforcement staffing.

Speaking last, industry attorney Gelbard talked about the constitutionality of the condom ordinance.

“One point is very clear,” Gelbard said. “The statute is unconstitutional.”

He cited case law, referring to cases including Freeman v. California, and precedents establishing the legal and First Amendment protections for the adult industry. On the issue of freedom of expression, Gelbard noted that producers cannot be compelled to send a “safe sex message,” because this would infringe on the producer’s right of expression. He also called the ordinance “content-based” and assured the group that the ordinance would not withstand closer scrutiny in court.

The meeting was adjourned shortly after the commentary period. The next and final meeting of the Working Group will be scheduled for next week.

(Photo: Some rights reserved by Josef325)

Here I am - now among the ranks of the (temporarily) disabled community.  I banked into a wall during a workout and tried to break my fall with my left wrist which resulted in, well, breaking my left wrist.  Getting thrust into this realm makes me think about using sex toys when you're unable to fully grasp them, never mind successfully using personal lubricant without having it dribble into my cast. Hmmm... gives me pause and makes me think about the people that have permanent disabilities and how they can successfully and pleasurably use the gizmos in our crazy business.

Looking at my website, which is chock full of pretty much anything you could ever want and need, I am now thinking about what vibrator has a cap at the base that I can twist with one hand (I have no gripping ability), what lube doesn't have a silvery, stuck on seal that I can't grasp, have lingerie I can slip in because even though I have a wad of fiberglas encircling my forearm that twirls down to the top of my knuckles, sometimes I still wanna feel sexy.  And of course, there's the other things I love to do, cast be damned!

So let's see... in order to feel sexy, I might just light up one of those super sensuous massage candles available.  You know, the ones made with soy oil that burn at a low temperature which allows me to dribble the oil all over my willing partner. Let's see... oh look! They have a kind of pop top cap that MAYBE I can take off with one hand but they also have a plastic seal around the edge which does make it a little trickier to open, if at all.  How about a pull off ring on the top so I can manage it with one hand? It might look a little cheesy but I'm <temporarily> disabled, you know. Hallelujah! Here's the BSwish massage candle in a very sexy, open container that I can not only light easily but can grasp pretty easily, too, perhaps even with my casted arm. 

Now about that lighter I need to light the candle. I think I'd either burn the house down or cause third degree burns if I tried to handle a lighter or matches right now. I think I'll use my long charcoal bar-be-que lighter that I can easily wrangle with one hand that throws flames further than my almost-casted fingers.

On to the lingerie... since I can't use something with long sleeves because it would probably snag at my elbow, how about slipping into something sexy with no zippers, buttons, snaps or eyelets that I have found are virtually impossible to use right now?  Let's see... Here's a long schmata although the picture doesn't show me what the back of it looks like.. hopefully it won't have those aforementioned clothing closings which cause me so much temporary grief.  And fortunately, I can shimmy into (and out of) that G string...

Okay, so the soy candle is lit, the lingerie is on (and it fits over my cast!  Woohoo! It amazes me about what gets me excited now!), and now it's time for the pleasure of toys... let's see what I grab.

First, I always start with lube which I have always said and will always say, is the numero uno sex toy that everyone should have and use, disability be damned!  So let's look at some...

You know the caps that lots of lube companies use? The caps can sometimes be easy to flip open with one hand which is extra nice when you're doing something else with your hand, but about that pesky foil seal. Now I know that companies use them to ensure purity for the product inside, which is understandable but when you aren't able to grasp the teeny tiny foil tabbie things on the seal, well, you're SOL. What to do? Simple! Grab a pump bottle of lube instead! The pump assures you there will be no obstacle-inducing foil seals inside. The pumps go all the way to the bottom of the bottle so if I happen to tip the bottle in a wacky angle, it will probably work just fine. Thank goodness I already have this life-saving bottle of I-D lube at the ready. Pump size, natch.

As for toys, if it's a solo flight, a dildo is a pretty safe bet. Easy to grab and hold on to, there are more dildos out there than I can shake a vagina at. Glass, silicone, or metal, they'll always do the trick without leaving me frustrated that I can't put batteries in the shaft 'cuz for the most part, they ain't made to do so.

Well, let's say I want to visit vibrator land... there's always the trusty silver bullet vibe and the standard one with the attached battery case cover, you know, the ones that take 2 AA batteries, that will let me open it with one hand. Never gave it much thought but now I sure do. The Ultra Bullet Power Vibe from Nasstoys is long enough to use on the outside or slip into the inside... just they way, uh huh uh huh, I like it...

Now if I want to use something other than the silver bullet, that might be a little trickier. The Evolved rolling speed control on their Roulette collection of vibrators might be easy to use in my frisky, disabled moments. Looking at the videos which accompany many of the products on many adult products websites, it shows me how to put the batteries in which helps me determine what I would need to do in order to successfully grasp the willing silicone vibe. Hmmm. Looks like I'd have to shove the shaft near my armpit to give it my newly learned upper bicep death grip which is what I use to open mayonnaise jars right now. If I can handle a 30 oz., 4 inch wide jar of Helman's Light Mayo, a silicone vibe should be no problem. And the rolling speed control on the base will eliminate any twisting of my only other functional wrist and I'll be careful not to use Helman's as my lube.

Yes, I'm sure you're all wondering about the other popular vibe out there. I know I can always grab the trusty Hitachi Magic Wand but if it slips away from my single, right handed grasp and falls onto my hardened left forearm, that could be a little ouchy, resulting in a quick sucking down of a Vicodin. Better leave the Hitachi to massage my aching shoulders instead.

Okay, enough about me. How about you, my dear lovers? I mean, what better way to increase blood circulation into my ailing appendage than to take things into my own hands and have some fun, mano a mano sexual relations?

Well, being Trysexual ("I'll try anything sexual"), there might be times I'm with a male buddy and want to do the ol' hand jive. But wait! Sliding up and down with a wad of fiberglas in my fist is not my definition of a good time and most likely not his either! What to do? I think it's time to use one of those hand-y hand job assistants, pocket pussies as they were, and use that with the assistance of my right hand and loose lips. A lightweight one would decrease the risk of creating muscle weakness in my one strong wrist so I better go with the Nasswalk Better Than Real Skin Pussy - Jessica (I'll rename it Kim) because the Fleshlight is a tad bulky right now and I can't crack open the Tenga Egg with a cast. Maybe smash it but it would wreck the feng shui of the moment.

Now, if it's someone that delights in the sensation of being on the receiving end, aka pegging and those sorts of things, the easiest harness to use when you're the one handed wonder is the ever-popular RodeoH harness, a simple to use, shimmy into pair of tighty whiteys that happen to have an easy-to-access harness ring built into the front. This makes for no pesky straps that I'd have to loop around a doorknob to tighten before the action starts. That would NOT be a pretty sight nor would I consider it foreplay (although some people I know would). All I need to do is pop an aforementioned dildo in place and presto! Cast be damned! I'm having a good time!

And you know what? I decided I am no longer telling people I crashed into a wall during a workout. It just doesn't sound sexy enough so when people ask how I broke my wrist, I'm going to tell them I did it masturbating.

Ah yes, if only it were true.

JOTB:

If a stork brings white babies and a blackbird brings black babies, what bird brings NO babies?
A swallow.

Once a manager in a company had to let go of one of his employees, either Jack or Mary. He couldn't decide who so he thought he would wait to see who would go up to the water cooler first.

He waited, then Mary went up to the water cooler to take two aspirin. He went up to Mary and said "Mary, I have a problem. I don't know whether to lay you or Jack off." She looked at him and said "You better jack off. I have a headache."

We all witnessed the uproar over PIPA and SOPA at the beginning of the year.  Internet free speech advocates took to cyberspace in a call for action against these proposed laws.  Advocating for the broad principle of intellectual property protection, lobbyists for the mainstream film industry argued for the enhanced ability to go after foreign “rogue” websites involved in infringing activity.  While the underlying motivations for enacting PIPA/SOPA may have been well-intentioned, they impacted personal freedoms to the point that made many Americans uncomfortable, and the legislation soon stalled in response to the public pressure.  A major concern with PIPA/SOPA was that the bills granted the U.S government legal authority over any website domain, wherever hosted or operated, even in the absence of a domestic jurisdictional connection.  While the legislative efforts continue, the courts have recently expressed concern, through a series of legal decisions, with enforcement of intellectual property rights against foreign website operators.  These decisions may have a substantial impact on the ability of U.S. content producers to pursue foreign websites for copyright and trademark infringement.    

U.S. courts primarily gain personal jurisdiction over the parties by the physical presence of the defendants in the location where the lawsuit was filed.   However, when the defendant is a foreign entity or individual operating a website, U.S. courts have been increasingly hesitant to find the existence of jurisdiction, merely based on web presence.  A U.S. district court can exercise personal jurisdiction over a defendant if the party is “subject to the jurisdiction of a court of general jurisdiction in the state where the district court is located.”  Fed.R.Civ.P. 4(k)(1)(A).  This means that personal jurisdiction over a non-resident defendant may be acquired by: (a) the defendant’s physical presence in the subject state; or (b) the state’s long-arm statute.  A “long-arm” statute allows a court to assert jurisdiction over an out-of-state (or foreign) defendant based on injury suffered by the plaintiff in the state, or some other activity creating a relevant connection.   Most long-arm statutes permit this type of extraterritorial jurisdiction so long as doing so constitutes ‘fair play,’ and otherwise comports with Due Process notions.  

Recent Judicial Decisions. 

In the earlier days of the Internet, U.S. courts seem to have had no qualms about imposing American law on websites maintaining any form of customer base within the U.S., regardless of where the site was operated.  However, in recent times, as the world has gotten smaller and foreign online presence more established, judges are starting to realize that the U.S. may have previously attempted to exert a little too much control over the Internet.  With seemingly endless cyberspace growth fostering a more “global marketplace,” U.S. courts may be starting to pay more heed to other countries’ laws and sovereignty.  Concerns such as diplomacy and comity have come to the forefront, as all nations compete for a seat at the Internet table.  

This struggle has played out in the attempt to enforce U.S. copyright and trademark law abroad.  Over the last few months, several courts have addressed the issue of whether foreign websites can be held liable for intellectual property violations asserted by U.S. plaintiffs.  These courts have all dismissed the cases for lack of jurisdiction.  In Fraserside IP L.L.C. v. Hammy Media, Ltd., 2012 WL 124378 (N.D. Iowa Jan. 17, 2012), a federal judge found that the adult entertainment power house, Private Media Group (through its IP holding company), could not establish personal jurisdiction to sue operators of the adult tube site, xHamster.com, in the state of Iowa.  Finding that the Cyprus-based tube site lacked sufficient minimum contacts in Iowa, the court rattled off a laundry list of reasons for its decision: "xHamster has no offices in Iowa, no employees in Iowa, no telephone number in Iowa, and no agent for service of process in Iowa.  xHamster does not advertise in Iowa.  No xHamster officer or director has ever visited Iowa.  xHamster does not maintain any of its servers within Iowa.  All of xHamster's servers are located outside of the United States."  This ruling is consistent with the general principle that the mere availability of a website in the U.S. will not be sufficient to establish personal jurisdiction over the site operators.  The same ruling occurred with Private’s case in Iowa against another foreign tube site, DrTuber.com.  Fraserside v. Moniker, et al., Case No.: 11-cv-03040 (N.D. Iowa 2012). 

A few months after the xHamster.com decision, a California district court protected another adult entertainment website by denying the plaintiff’s motion for a default judgment in the “faceporn.com case,” Facebook v. Pedersen, 10-Cv-04673 (N.D. Cal. March 2, 2012).  Relying on a relatively broad jurisdictional argument, Facebook claimed that the defendant intended to compete directly with Facebook and given Facebook’s global notoriety, anyone infringing on Facebook’s intellectual property would know such infringement is harming a California entity.  According to the district court ruling, plaintiff’s argument failed two-fold as Facebook lacked any evidence that the defendant purposefully directed its activities at California and further, was unable to prove that the defendant’s conduct successfully redirected traffic away from Facebook.  Notably, the court essentially made the arguments for faceporn.com, since the decision was based on a motion for default judgment.  

Coming out of Nevada just over a week later, another off-shore website dodged the jurisdictional bullet in the case of Stevo Design, Inc. v. SBR Marketing, Ltd., 2:11-CV-0304 (D. Nev. March 13, 2012).   The Nevada district court ignored any potential personal jurisdiction issues, instead dismissing the case based on lack of “subject matter” jurisdiction – an issue that had not even been argued by the defendant.  Subject matter jurisdiction involves the underlying authority of the court to consider the case, in the first instance.   Often seen as a relatively simple hurdle, U.S. law gives the federal courts subject matter jurisdiction in when the suit is based on a violation of a federal statute, or when the resident of one state sues a defendant of a different state (or another country).   Claiming that several of its sports betting reports were unlawfully uploaded and published via the defendant’s website, SBRforum.com, plaintiff’s sued forum site for various violations arising under the Lanham Act and the U.S. Copyright Act. The court noted that all of the alleged infringement occurred entirely on SBRforum.com.  Because the defendant’s website was operated in Costa Rica, the court found that it lacked subject matter jurisdiction to even consider the case since federal statutes provide no relief for infringement that occurs solely in a foreign nation.

Conclusion. 

What may have been taken as a ‘given’ in the past is now being questioned by this new line of cases, imposing what appears to be a higher burden on those seeking to hold foreign website operators responsible for U.S. intellectual property violations.  The mere fact that the site is globally available and happens to maintain a U.S. customer-base may no longer be sufficient as a basis for bringing foreign defendants into U.S. courts, under recent judicial rulings.  Whether these rulings are a brief respite for foreign website operators, or the beginning of a new judicial trend, remains to be seen.  But adult content producers become more aggressive in pursuing theft of their content by foreign website operators, these legal issues are sure to gain significant attention in the coming months.

Free Speech Coalition (FSC) has responded to a call by the Department of Justice (DOJ) for comments on 2257. A letter was sent to the DOJ on Tuesday in order to be ahead of Wednesday’s deadline for comments.

The action follows last week’s victory in the Third Circuit court of appeals, of the most recent 2257 lawsuit filed by FSC and 13 other plaintiffs. Last Monday, FSC received news that the court ruled to reverse the dismissal of the case, allowing the suit to continue in district court.

“Of course we hope that our comments and the comments of others will be taken in to consideration, but history suggests otherwise,” said FSC Executive Director Diane Duke. “That is why FSC was compelled to file suit against the Federal Government on the issue of 2257 and 2257A. Hopefully our recent win will bring us closer to resolution. Special thanks to Reed Lee, Lorraine Baumgardner, Michael Murray and Jeffrey Douglas for their excellent work in drafting our statement.”

The letter details objections to the burdens placed on primary and secondary producers by 2257 and 2257a regulations, which govern age verification record-keeping for adult content producers.

FSC has opposed 2257 regulations since 2005, when the regulations were enacted, and continues to voice opposition on behalf of adult industry producers. Attorneys J. Michael Murray and Lorraine Baumgardner represent FSC and other plaintiffs in the current case filed against the DOJ. The suit, if successful, would strike down the current regulations, which place considerable burdens on producers to be in compliance, and which also presents a danger to the privacy rights of adult performers.

To see a copy of the letter, click here 2012comments-2257A-final

I've been in this biz since 1994 and thought I had seen it all. But, what happened over the past month set even me back on my heels as to the power of working with the mainstream media for traffic and exposure.

A few months ago, just after my wife's "for women" website, Sssh.com, was featured in Time Magazine, we got a call, via our publicist Brian Gross, from a producer at ABC Nightline inquiring if they could do some coverage on us to include in a story they were working on  about "women watching porn" and so it began. An ABC senior producer was put in contact with Angie (my wife)  who is editor and producer of Sssh.com to figure out how to work together.

We had just finished up doing a similar "behind the women's porn curtain" piece with an international media outlet. Thus we already had a sense of how to do this to give their crew something interesting to shoot, plus give them the opportunity to interview our cast and crew.

So, with that in mind, we merrily set a shooting date to have Jeanie Marie and Ryan Driller (porn parody Superman actor last year) fly out via LADirect and be the stars in a 40 minute "Cinderella Story".

On the eve of shooting, ABC producer (Aude Soichet - Emmy Award Winner) showed up for a cast dinner and rehearsal.  The next morning, the rest of her ABC News crew showed up on location up here in New Hampshire, where they shadowed the production and held lengthly interviews with the cast and crew.

To say we had reservations about having ABC on the set would be an understatement. Angie  was extremely concerned about how they would present erotica for women to the world. So, we held our breath and crossed our fingers for about 6 weeks that it would be sex-positive piece.

Finally, we got the call last Friday at 3:00pm EST.
It was to air that evening!
BUT, at 9:30 pm, they told us they needed more footage!

The next 2 hours was spent extracting coverage to send them that was "safe for broadcast". I was immediately grateful the coverage was for Sssh (lots of talk and one hot sex scene) and not Wasteland (where NOTHING is particularly safe for broadcast!).

11:35pm Air Time:  Nightline booted up, they talked about "Fifty Shades Of Gray" and "Sssh.com" for a whole 6 minutes, and then cut over to an interesting story about Mt. Everest climbers for the duration of the episode.

I was crushed!  So little coverage!  It was all fluffy and (to our delight), extremely positive, but so short!

Then, the morning came.

With 8000% increase in traffic and conversion rates we have not seen since 1997.  It's beyond comprehension..,......

Want to see it?

ABC Nightine:  http://abcnews.go.com/Entertainment/mommy-porn-revolution-women-seek-erotica-written-woman/story?id=16182264#.T5RnsOnLwqC

So, next time someone tells ya that mainstream does not convert, it's impossible to get even if you want it, or that thinking outside the box is a waste of time, refer to the above!

But, on to the bigger point of the story in my usual altruistic manner......
This little episode is a possible turning point in further legitimizing erotica/porn in our culture, thanks to ABC.

Why? Here's why:

- A middle aged kinky woman from England writes "Fifty Shades Of Grey" as a self published E-Book and within a year, it is the top seller on the NY Time Besteller list in print, and now has a $5 Million movie deal for just the first of the trilogy.  This indeed is like as if JK Rowlings had penned Harry Potter with bull whips and butt plugs.  God, I LOVE reclusive British female authors that make a billion dollars!

- ABC, and the rest of the mainstream press, can not dismiss her book. "New York Times Best Seller". Words have meaning. "Best Seller" means people are buying it in droves, even if it does not read like Sallinger or Hemingway.

- Most importantly, this cuts right wing Bible thumpers like "Morality In Media" off at the knees for attacking our industry or positive mainstream coverage of adult entertainment, as it really documents that "Mommy Porn" is being read and enjoyed by millions of women. Even if they just bookmark it and wait until hubby is out mowing the lawn to go look at it. (yes. female bookmark traffic for sssh.com from the ABC experience is massive. We are seeing a 50% "come back later when Earl is out with the kids fishing the next day" extrapolation of stats.)

Cheers,

Colin

The U.S. Department of Justice (DOJ) is once again asking for public comments on the Federal Record-Keeping Requirements — something that has been done in the past — so why again now?

One reason may be the fact that the 3rd U.S. Circuit Court of Appeals is siding with the Free Speech Coalition over its lawsuit against the Justice Department regarding ‘2257 — and election year politicking aside, feedback from the inspectors has doubtlessly shed some light on the actual issues involved in policing content on the Internet today; leading DOJ to solicit comments that address one or more of the following four points.

As you might expect, I have a few brief comments from my perspective as both a primary and secondary producer under the law:

(1) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

While I believe that information collection is a necessary component of the agency’s function, it is the scope and methodology that needs addressing; as the current system is based on technology from 1012 (physically inspecting printed records) rather than 2012.

As for the practical utility of information collection, it is essential for determining the age of a performer at the time of production.

The question should then be, “How can proof-of-age be reliably determined with the least amount of systemic friction and expense for both producers and regulators — while protecting the privacy of performers and publishers?”

While traditional adult video production companies utilize the ideal scenario where all performers present their ID at the door, similar to “carding” patrons at a bar before entrance is allowed, it does not address the realities of protecting at-risk youth today — where user-generated content (i.e., live webcams and self-shot digital imagery) prevail; requiring a more accurate and efficient process to achieve practical utility.

(2) The accuracy of the agency’s estimate of the burden of the collection of information, including the validity of the methodology and assumptions used;

I do not believe that there is any validity to the methodology and assumptions used to guide this process, which could have been improved by consulting the affected producers within the adult entertainment industry — those burdened with compliance and best able to provide advice on the realities of modern content distribution and the best practices for compliance, labeling and record-keeping.

DOJ self-characterizes its own skepticism over the verity of its assumptions, with the brief disclaimer that “the Department does not certify the accuracy of these numbers,” — and as an affected party, I can’t certify them either.

The Department based its numbers on five-year-old census data (an epochal eternity in Internet years), that claim around 12,000 companies produce “motion pictures” in the U.S., which they then took 10 percent as a guess (~1,200 firms), as to how many of these companies are in the business of producing sexually explicit material…

While the Department’s honesty in revealing its methodology is commendable, they could have pulled any number out of a hat and it would be just as accurate. Real numbers are admittedly impossible to come by, but better metrics than grouping companies with the same tax code together as the pool by which to measure the impact on a multi-billion dollar industry that likely has few if any companies sharing the same tax code as players such as Sony and Warner Bros., is not the way to go.

Having said this, the Department’s estimates may be reflective of those “mainstream” companies producing simulated sexually explicit content as part of their wares; but does not take in the 100,000 or so adult-focused companies, independent webcam performers, “amateurs” and secondary producers such as affiliates, and countless “casual” publishers, such as a person posting a sexually explicit photo to their Facebook account.

(3) How to enhance the quality, utility, and clarity of the information to be collected;

A more practical approach to any problem provides more tangible results, but these results must be based upon the program’s goals: is the Department only seeking to ensure compliance with the current record-keeping laws, or is it actually trying to prevent minors from appearing in adult content?

These are two very different things, despite one being the goal of another.

As I’ve previously proposed, performer licensing and registration solves this problem, at least on the professional front. There are many precedents, such as hairdressers, which are required to obtain a state-issued permit. Having a simple age verification statement with a resulting permit number (perhaps administered by the DMV or postal authorities, which already handle driver’s licensing and passport issuance that requires age / identity checking and registration), would ease the process. Germany has a similar regimen for consumers seeking online access to age-restricted materials, via a local post office visit.

Since it’s only a proof-of-age / identity, it should only need to be done once.

Facial recognition and keyword analysis (the names / aliases / performer nationality), could be combined to produce a database that would show who a performer is, and after which date their filming would be legal.

Technical means would allow a sifting of available content that would remove known legal performers and develop a “hit list” of identities for further investigation, making the haystack smaller and the needle larger; a valuable tool from an enforcement perspective.

Another problem is permanency. While I appreciate that the inspecting agents do not want to play the “oh, he isn’t in today, come back another time,” game and seek tangible accountability from a single, named person, the realities of adult employment instability and address transience, make notices that require both, problematic. This is especially true when dealing with notices displayed on video clips; where unlike updating a line or two of code on a website, costly re-editing and re-encoding of the video clip is required. As it’s impossible to recall videos from the wild, this leaves literally millions of pieces of adult video content displaying outdated and inaccurate record-keeping information. This information (if ever present on the clip) is often removed by pirates and others, making the on-screen notice of online video clips further problematic.

While technological solutions may one day mitigate this factor, at present, it handily illustrates the inefficacy of the current record-keeping regimen, which falls flat upon this insurmountable hurdle for smaller, “mom and pop” producers, that simply can’t recover, re-edit and reissue every piece of content whenever they move (I doubt Sony could do it).

Clarity from the Department about who they really need to keep records would make their numbers and the compliance process much better.

For example, 50,000 affiliates should not need to maintain a duplicate copy of the same material for purposes of inspection. Failing access to these documents, however, how would the secondary producer know the age of a performer at the time of depiction?
The answer is the use of centralized databases to mitigate these problems.

(4) How to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

As I’ve proposed in the past, if the Department is interested in easing its inspection burdens while dramatically improving both the accuracy of its records and depth of its understanding of this industry, then it must provide covered producers with the tools they need to comply with the regulations — at least on the Internet side where it is practical.

For example, I would have no problem in setting up an account at an official website, listing my name and address along with the base URL(s) that I am publishing content to (not individual web page URLs, such as www.domain.com/unworkable/transient/web-address/1234/this-is-terrible.html, but individual domains, i.e., ‘domain.com,’ etc.).
Investigators seeking records proving the age of a certain performer would only need to check their database to know that I am responsible for the material on those sites — without me having to publicly display my name or home address; and without inspectors’ being stymied by private domain registrations, etc. It would also be easily updateable so as to be current at all times — accuracy that the present record-keeping procedures lack.

Even a voluntary registration system would be a win-win for the department and for the affected members of the targeted industry.

At the end of the day, this is 2012, and technological advancements are more than adequate to render the old record-keeping regimen moot; delivering content producers and records inspectors from the drudgery of delving into dusty file cabinets and simply making this whole process work that much more efficiently.

Finally, I won’t say that there is no need to ensure children are kept away from porn, but as for being a useful tool in this endeavor, the current ‘2257 requirements are no more than a flat-earth approach to a round-world problem — it is outdated thinking that simply does not addressing the reality of the situation today.

Also exhorting affected readers to submit their comments to the Department detailing the impact of ‘2257 on their particular businesses, noted attorney JD Obenberger wrote on his XXXLaw.com website that “DOJ does not want to be in the position of defending obvious stupidity while they stand before federal judges.”

Truer words were never spoken.

Here’s your chance to save them embarrassment, and you, some costly headaches… If you would like to share your own thoughts, you have until April 25.

Free Speech Coalition (FSC) received news this morning that it won the appeal to the U.S. Third Circuit Court of Appeals, overturning an earlier District Court decision to dismiss the suit challenging the constitutionality of 18 U.S.C. § 2257 and 2257a. This allows the lawsuit to continue in the District Court.

The suit was originally filed by FSC and 14 other plaintiffs.

This decision represents a significant victory for FSC, the other plaintiffs and their attorneys, in opposing the regulations governing age verification record-keeping for adult producers and adult performers.

“FSC would like to thank our attorneys Mike Murray and Lorraine Baumgardner for their incredible work on this case thus far,” FSC Executive Director Diane Duke. “This decision is critical in three ways – it was unanimous, it supports the arguments that FSC has made all along and it supports the 4th amendment question included in our most recent challenge to 2257. This is a very important next step in our work to eliminate the burden from the adult industry of this onerous regulation.”

Attorneys Murray and Baumgardner represented FSC and the other plaintiffs in the suit, which challenged 2257 and 2257a on grounds that the regulations violate the First Amendment rights of adult producers and threaten the privacy rights of adult performers.

“We are thrilled today with the victory today, in the Third Circuit, reversing the District Court’s decision dismissing constitutional challenges to 2257 and 2257a,” said Murray. “We’re excited the Third Circuit agreed the First and Fourth Amendment claims are worthy and we’re looking forward to returning to District Court, where we’ll be in a position to put on evidence to demonstrate the constitutional infirmities of this burdensome statutory scheme.

“This represents a great victory for free speech rights and rights of privacy under the Fourth Amendment,” Murray added.

FSC has challenged 2257 regulations on behalf of the adult industry since 2005, when the regulations first came into effect.

(Photo: Some rights reserved by Jim Sweenley)

Well, I wanted to know about QR codes and how we can utilize them in marketing, so I went to expert Steven Levine, President of Mission Mobile, and had a chat.
Personally, I just joined the revolution of smartphone users in 2011, so I’m a little behind in all things mobile, but working toward catching up and spreading the word. 

Steven told me that QR (Quick Response) codes are the small barcode squares making their way into an increasing number of print ads, billboards, business cards, and other media.  Users scan a QR code with their mobile device and are automatically redirected to a website (preferably, a mobile site), a video, a social media page, and so on.  He told me QR codes were invented by Denso Wave of Japan and were originally used in the automobile industry.  Once the advertising industry realized the codes could be used as marketing tools, their popularity took off.  Currently, QR codes are free of any license fees and Denso Wave has chosen not to exercise their patent rights to the product.

According to a study by comScore, 14 million mobile users scanned a QR code or barcode in June 2011.  Some 58% of these users scanned a QR code or barcode from their home, while 39% scanned from retail stores.  Interesting also, 53% of the 14 million users were men between the ages of 18 and 34.

As the statistics show, QR codes are perfect for advertising materials and packaging as they provide users with a more interactive experience. Users often feel that they will gain access to more exclusive information if they follow the code.

Ha, I haven’t done this yet, but to scan a QR code, you need to download a QR code reader for your smartphone. These readers are available free of charge from any app store.

Steven went on to say there are other types of codes used in the market today, the most popular being QR codes and Microsoft tags.  However, QR codes seem to be the more popular option, especially true in the United States, where QR codes have gained a lot of traction with companies like Hustler, TitanMen and Digital Playground that have started incorporating them into their packaging and advertising. 

He did caution us on the small print:  Although some websites will create QR codes for free, there are multiple benefits to choosing a paid provider for the service.  First, he said, you never know what kind of quality you are getting with a free service.  A QR code from a free service provider may not scan as easily as one from a paid provider.

The second issue he cited deals with the management of multiple codes.  If you are running a number of campaigns at once, you may find it difficult to manage and track them without a platform that organizes everything.  It can also be difficult for you to share information with employees and coworkers in different locations.  Some providers also give you the ability to change the URL.  IMPORTANT.  This comes in handy because it allows you to print codes, put them in your ads and marketing materials, and then specify the URL you want the code to lead to.  This minimizes the problem of the code leading to a wrong URL, as has happened to a number of companies.  You really need to exercise care in choosing the professional company you partner with to exploit all the marketing opportunities available through QR code advertising, and many existing solutions do not truly leverage the interactivity of mobile messaging as a way for product brands to interact with their target market.  Mission Mobile's messaging software enables companies to create a more unique mobile experience which includes interactive replies that maximize consumer interaction with your brand.

Finally, Steven continued, by choosing a paid provider for your QR code, you receive reporting and analytics tools that will allow you to track your campaigns and see how effective your QR code advertising really is.  These tools can also help you to determine if you are getting a better response in one advertising medium over another. 

Here is Steven’s list of real-world applications of QR codes:

• Print ads:  Use QR codes in print ads to direct the reader to your website (or preferably, your mobile site).
• Magazines:  Use QR codes to let readers access exclusive info on the website or mobile site.
• Social media:  QR codes make it easy for users to connect with your social media pages.
• Downloading:  QR codes make it quick and easy for users to download your apps.
• Exclusive material:  Direct readers to exclusive videos using QR codes.
• Existing advertising:  Use QR codes to help leverage your existing advertising and make it interactive.
• Videos:  Use QR codes to connect customers to video tutorials.
• Tradeshows:  Add an interactive element to your booth and tradeshow materials with QR codes.
• Business cards:  Use QR codes on your business cards to display your contact information.

 QR codes can:

• Deliver an interactive marketing experience to your mobile audience.
• Measure the effectiveness of various media.
• Improve integration of offline and online campaign components.
• Keep you at the forefront of the technology advertising curve.

Steven’s Mission Mobile QR Code Marketing Tips

What is the goal of your QR code?

-          To provide product information.

-          To provide easy access to a mobile app.

-          To generate leads.

-          To create a call-to-action response.

-          To retain customers.

-          To drive traffic.

How will you add value for the user?

-          Save them time.

-          Reduce costs.

-          Enhance the user experience.

-          Deliver mobile-friendly content.

What kind of user assistance will you offer?

-          How-to steps.

-          Links for downloading a reader app.

-          Provide an SMS text messaging alternative for users without the scanner.

How will you ensure that your QR code works?

-          Test to ensure codes are scannable.

-          Examine code size and placement across different readers and handsets.

Again, Steven Levine is President of http://www.MissionMobile.net, and I want to thank him for providing us some basic information on the QR code phenomenon. Mission Mobile is a mobile marketing company that specializes in text messaging, QR codes and mobile Web development and he'd like to hear all your questions and ideas. He can be reached at Steve at missionmobile dot net.

Talk to me about some mobile billing options I’ve recently come across as well – utilizing interactive marketing techniques to generate more revenue from your own mobile traffic.

Free Speech Coalition (FSC) is proud to announce that payment processing company CCBill has joined as its newest member.

“CCBill has been a leader in industry payment processing for many years, and FSC is very happy to announce their membership,” said FSC Executive Director Diane Duke. “Particularly, at this time, when there are many challenges that affect revenue for the entire industry, we are thrilled to have the support of CCBill. Clearly, as a company, CCBill supports the industry by providing reliable payment processing options – and now, they are supporting FSC’s efforts to meet the challenges facing adult industry businesses.”

CCBill is a leader in global online payment processing, providing solutions for more than 30,000 websites since 1998.

“We have always been and remain committed to helping businesses in this industry be successful. Our merchants know first-hand how committed we are to protecting their operations and the support FSC provides to the greater online community is right in line with this philosophy. We are proud to be one of the coalition’s members and look forward to continuing the relationship,” said Jake Powers, VP of e-commerce for CCBill.

The company also co-hosts the online trade show The Phoenix Forum, which has been a long-time favorite event for many online adult professionals and companies.

At this year’s Phoenix Forum, held from March 29 to April 1, FSC’s Duke participated in two panel discussions and successfully networked with many FSC members and representatives from online industry businesses.

“FSC could not continue ‘to fight the good fight’ on behalf of the adult industry without the support of our members,” Duke said. “We appreciate our members’ support, and we welcome CCBill.”

Belladonna gives the crowd a big smile

Tonight, at the Hustler Hollywood’s flagship store, located on the Sunset Strip in Hollywood, CA, the adult industry paid tribute to two beloved stars.

Legendary producer/director and former performer John Stagliano and super adult star Belladonna were inducted into the Hustler Walk of Fame, amidst an exclusive gathering of industry dignitaries and personalities, fans and media. It was a proud occasion for Evil Angel, the company founded by Stagliano and where Belladonna has been a performer/director and a longtime favorite of fans.

Guests enjoyed champagne and chocolate-covered strawberries, prior to watching as Stagliano and Belladonna put their handprints into wet cement blocks, which will be placed in the walkway in front of the store, alongside the legends that have already been honored there.

Among the guests last night were three other Walk of Famers: performer Eric Edwards (whose career spanned the ’60s to ’00s), performer and industry historian Bill Margold, and blonde bombshell Sunset Thomas. Other industry personalities present included Karen Stagliano, director Eli Cross, director Jules Jordan, performer Tera Reign, Hustler President Michael Klein, attorney Paul Cambria, Evil Angel General Manger and FSC Board member Christian Mann, performer Mr. Marcus, and FSC Membership/Communications Director Joanne Cachapero, among others.

Free speech icon Larry Flynt was there to conducted the ceremony with help from his daughter, Hustler Hollywood founder Theresa Flynt. Speaking briefly to those gathered, Theresa said the adult industry is “a big family, and this is how we celebrate.”

Stagliano, who went through a much publicized obscenity trial in 2010, spoke after making his handprints and acknowledged Flynt’s pioneering obscenity battles. Both men have been on the front lines for First Amendment rights and are strong advocates for free speech.

Karen Stagliano and Mr. Marcus

(l to r) Director Jules Jordan, Hustler President Michael Klein and Evil Angel's Christian Mann

Stagliano puts his hands up.

Belladonna leaves her handprints in history

Stagliano pointed out his "hitchhiker thumbs" to the audience

Sweetly signed "Bella"

Belladonna and Theresa Flynt

Hall of Famers and friends - (l to r) theater producer David Bertolino, Adult Industry News' Steve Nelson, Hall of Famers Eric Edwards and Bill Margold, and Tanner Edwards