Home > News > Walters Explores Criminal Liability Theories for Some Adult Operators • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

Walters Explores Criminal Liability Theories for Some Adult Operators

Walters Explores Criminal Liability Theories for Some Adult Operators
Get XBIZ News
Oct 26, 2012 10:15 AM PDT    Text size: 

LONGWOOD, Fla. — Adult industry attorney Larry Walters has posted on his website, FirstAmendment.com, a recently published article that gives an analysis of criminal liability theories used against online adult service providers.

The article, published by the Stanford Law and Policy Review, was the result of a symposium held at the school earlier this year, titled, “Law and Adult Entertainment.” Its title is "Shooting the Messenger, An Analysis of Theories of Criminal Liability Used Against Adult-Themed Online Service Providers." 

"This is the first time that a top tier law school has published a law review issue focusing on adult entertainment issues, and is further evidence of the mainstreaming of erotic media," Walters told XBIZ. 

"This particular article focused on the potential criminal concerns facing online service providers, such as hosts, escort advertising directories, Internet forums, tube sites and other user-generated content business models," he said. "Currently, there is no legal protection for these service providers when it comes to potential criminal prosecution based on material uploaded by third-party users." 

Walters said that immunity and safe harbor exists for most civil claims, but criminal liability is relatively uncharted territory in the law. 

"Some legislation has been considered at the federal level, but nothing has passed yet," he said. "So for now, online service providers must be concerned with potential prosecution for things like child pornography, obscenity, Section 2257 violations, criminal copyright/trademark infringement, prostitution and other crimes." 

The Stanford Law article explores these potential concerns and makes recommendations to clarify the law in this evolving field.

Walters, who often writes for XBIZ, noted that law papers on adult entertainment issues are a rarity, and said he was grateful the university's law school published it.

"It is encouraging that a respected law school like Stanford would devote a peer reviewed publication to a topic like adult entertainment," he said. "Adult businesses continue to drive the development of the law in these unsettled areas."

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 !

OPINIONS & VIEWS

‘Alternative Facts’ of PC vs. Mac Users

Now that we live in a world of “alternative facts” it feels like somehow everyone has become a little more critical about what information and data they are digesting, and where it came from. Don’t... More »

Putting a Dollar Figure on Your Website's Worth

Daily, I get asked the question, “what’s my website worth.” And it’s the hardest question for me to answer. Someone will go to my website and fill out the contact form, put in... More »

New Solutions Require a Bullheadedness, Different Process

Each January we lead a small group of industry leaders on a tour of the crazy innovations at the Consumer Electronic Show in Las Vegas. It’s a grind on our bodies. We all train for it beforehand.... More »
XBIZ NEWSLETTERS
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.






POPULAR PRODUCTS & SERVICES
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.
Access the latest issues of the industry's leading trade publications in digital form. View online or download for offline viewing.

UPCOMING EVENTS

EXXXOTICA Denver

Mar 31 - Apr 02
Denver, CO.

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!