Home > News > FSC Doubts Constitutionality of .XXX • Bookmark   • Newsletters   • Register Search Options


FSC Doubts Constitutionality of .XXX

FSC Doubts Constitutionality of .XXX
Get XBIZ News
Mar 17, 2006 11:30 AM PST    Text size: 
CANOGA PARK, Calif. – The recently proposed Cyber Safety for Kids Act of 2006 that would require mandatory .XXX registration will face a tough legal challenge, if it becomes law.

Speaking to XBiz about the bill, Santa Monica criminal defense attorney and Free Speech Coalition Board Chairman Jeffrey Douglas felt that the recent action by Sens. Max Baucus and Mark Pryor had more to do with political than legal motivations.

Douglas said that the bill’s constitutional shortcomings raised issues that courts have repeatedly addressed. Notably, the bill inadequately defines what would constitute material that is harmful to minors.

“The most troubling constitutional issue from a 1st Amendment perspective is that the bill doesn’t use a community standards test to define what ‘material harmful to minors’ would be,” Douglas said. “That means that if this bill were law, a jury in one small town would have the power to decide what the national obscenity standards are. That would be impossible and the courts have rejected that.”

According to Douglas, the absence of a community standards test in the bill will likely prove to be its fatal flaw in a court challenge.

Nevertheless, .XXX raises more than just free speech concerns. The bill requires all adult sites to register under the new domain, but it also forces publishers to give up valuable domains elsewhere.

“It’s akin to the government seizing a newspaper, the way it would in an imminent domain case,” Douglas said. “Of course, this bill doesn’t talk about compensation for the taking, and the truth is that you really can’t put a price on speech the way you would for land.”

Keeping with the real estate metaphor, Baucus had this to say in a press conference: “This bill will section off a piece of the Internet neighborhood and confine adult sites to one location. It will give parents more tools to protect our kids. Parents should not have to worry about their children surfing into websites for adults – either on purpose or by accident.”

While Douglas agrees that protecting children is an extremely important concern, he wasn’t so sure about Baucus’ motives.

“What he’s really saying is that he doesn’t like this kind of speech,” Douglas told XBiz. “This kind of law treats us all like children; the courts have not been favorable to laws like that.”

Baucus’ office did not return calls from XBiz.

Practical Details of the Bill That Remain Uncertain

The bill gives few details about how it will enforce the proposed top-level domain. According to Tom Hymes, communications director for the FSC, the bill simply ignores the process that ICANN uses.

ICM Registry, which had originally pushed for .XXX and to operate the TLD’s voluntary registration system, expressed mixed feelings about the bill.

"We appreciate the concerns expressed by some members of Congress regarding this issue and will continue to stay in dialog with legislators and public officials, not only in the U.S. but across the globe,” ICM’s Stuart Lawley said. “No mandatory law, however, will produce better, more comprehensive results, sooner than the voluntary, self-regulatory approach being proposed by ICM Registry."

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !


Cam World: A Good Grind Reaps Riches

For years, webcam modeling was taboo and considered by many as a dirty and raunchy activity. However, in today’s economy, webcam jobs are being accepted more and more by everyone across the globe.... More »

Cam World: Beauty on Point — Models Talk Tradecraft

Cam girls are the girls that are always on point — with the perfect make-up and perfect skin, the shiny hair and long nails. Given their expertise, I asked some of the girls from Studio 20 if they... More »

Cam World: Camming and Toys Go Hand in Hand

There is nothing more satisfying than pleasure, especially if it is sexual. The size or the presentation of the stimulus does not matter if the sensations and tension the body receives transform the way... More »
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.

Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ World magazine, the industry's leading e-commerce trade publication, delivering in-depth coverage of the online, mobile and ancillary digital markets.


XBIZ.net Paysite Meetup

May 04 - May 04
Prague, Czech Republic

Eurowebtainment 2017

May 17 - May 20
Majorca, Spain

XBIZ Retreat

May 30 - Jun 03
Miami, Florida

XBIZ Miami 2017

May 30 - Jun 02
Miami, Florida
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!