XBIZ Summer ’06 Forum Seminar: Uncle Sam is Watching You

LAS VEGAS — Attempting to separate fact from fiction, Stephen Yagielowicz moderated a panel of attorneys specializing in online adult entertainment, who told the crowd that taking a measured, professional approach to educating themselves on the legal issues that face the industry was the only way to adequately protect their businesses.

Addressing the perception that attorneys in the industry have been too quick to hype the potentially catastrophic effects of laws such as the federal record-keeping requirement 2257, Greg Piccionelli rattled of a list of just a few legal issues adult webmasters need to keep an eye.

“There is an expansion of 2257 that changes the definition of the producer,” Piccionelli said. “Another law may mean that every adult webmaster must keep records. Under 2257[A], there’s a proposal to expand record-keeping to simulated sex acts, not just actual sex depictions. There’s net neutrality, the idea of equal pricing for bandwidth. If that goes away, you can bet adult content will be charged a premium. There’s a mandatory .XXX in the pipeline, as well.”

Amid all the pending legislation, Piccionelli had one overwhelming concern — The Pornography Jurisdiction Limitation Act.

“This is something we should all be worried about,” Piccionelli said. “This law would actually take away the best tool your lawyers have — the right to go to federal court and challenge state obscenity laws.”

J.D. Obenberger followed Piccionelli’s survey on the legal issues facing the industry with a call for professional and personal responsibility among webmasters.

“The biggest mistake webmasters make is that they don’t think about the people who don’t like porn,” Obenberger said. “Spamming and other bad business practices can be penny-wise and dollar-foolish. You can party your way to becoming a millionaire, but if you don’t take responsibility, you could find yourself in real trouble. Better to hire a lawyer, who can help you avoid prosecution.”

On the much talked about, but often misunderstood, subject of obscenity, Lawrence Walters presented “10 Myths About Obscenity.”

“A lot of people think that porn is protected speech,” Walters said. “That’s a myth; it’s presumed to be protected, but that doesn’t mean you can’t be arrested or prosecuted.”

Walters also went onto dispel other myths about obscenity prosecutions, telling the crowd that trials could be brought anywhere in the country against anyone in the chain of distribution.

Walters closed with an optimistic sentiment echoed by all three panelists.

“You don’t need to throw in the towel after hearing the bad news,” he said. “You can do a lot to educate yourself; hire an attorney and protect yourself from losing your business to government prosecution.”

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Pearl Industry Network Launches 'TrustLink' Verification Platform for Creators

Trade group Pearl Industry Network (PiN) has launched TrustLink, its free verification platform for creators.

UPDATED: Supreme Court Rejects Tariffs, Trump Responds

The U.S. Supreme Court on Friday ruled against the Trump administration’s sweeping tariffs, which have significantly impacted the pleasure industry, prompting the president to announce a new tariff strategy as a workaround.

FSC Updates Complaint in Tennessee AV Case, AG Motions to Dismiss

The Free Speech Coalition this week filed an amended complaint in its lawsuit challenging the Protect Tennessee Minors Act as unconstitutional, in response to which the Tennessee attorney general motioned for dismissal of the case.

Cherie DeVille Joins Woodhull Freedom Foundation 'Free Speech' Panel

Multi-XMAs winner Cherie DeVille will join the upcoming Woodhull Freedom Foundation panel series "Fact Checked by Woodhull," addressing free speech on Feb. 26.

Wisconsin AV Bill Moves Ahead, Minus Anti-VPN Provisions

The Wisconsin state Senate on Wednesday advanced a bill that would require adult websites to verify the ages of users, but approved an amendment striking proposed language that would have required sites to block virtual private network traffic.

Pineapple Support Introduces 'Wellbeing by PS' Service

Pineapple Support has debuted its new Wellbeing by PS service, providing mental health support packages for companies and agencies.

MyMember.site Integrates Bluesky Functionality

MyMember.site has added Bluesky features to its website management platform.

GirlsDoPorn Defendants Ordered to Pay Victims $75.5 Million

A federal court has ordered former GirlsDoPorn owner Michael Pratt and his co-defendants in the GDP sex trafficking case to pay restitution totaling $75,568,283.47 to 106 victims.

SWR Data Publishes 'Clip Trend' Report

Adult industry market research firm SWR Data has published a report on clip platform performance and sales.

Another German Court Rejects Blocking Orders Against Pornhub, YouPorn

A German court has blocked the Rhineland-Palatinate Media Authority (MA RLP) from forcing telecom providers based within the court’s jurisdiction to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

Show More