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

FSC: TAKE IT DOWN Act Provisions Take Effect May 19

The Free Speech Coalition has issued a reminder notice that the notice-and-removal requirements of the federal TAKE IT DOWN Act will go into effect on May 19.

Venus Berlin Joins ASACP as Media Sponsor

Venus Berlin has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

XBIZ Miami's Host Hotel Sold Out; Additional Hotel Added

Guest rooms at XBIZ Miami’s exclusive conference venue, Goodtime Hotel in South Beach, are now completely sold out.

Penthouse Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of Penthouse World Media in a case against a website using an infringing domain.

'Collective Corruption' Relaunches Through PAYSITE

Fetish and BDSM membership site Collective Corruption has relaunched through PAYSITE.

RocketGate Taps Joël Drapeau for Senior Account Executive Role

Payment processing company RocketGate has hired industry veteran Joël Drapeau as its new account executive for business development and client relations.

VR Reloaded: Inside the Next Era of Immersive Adult Entertainment

For years, virtual reality in adult entertainment hovered somewhere between “quirky novelty” and “exciting promise of things to come.” While the technology hinted at a radically different way to experience erotic media, early experiments often required bulky headsets, complicated downloads, and production techniques that weren’t yet quite up to the task.

Pineapple Support Names Ocean Hanx Brand Ambassador

Pineapple Support has named creator Ocean Hanx as its newest brand ambassador.

Meta Restores Playboy Germany Facebook Page After Court Order

The Facebook page of Playboy Germany, the German-language edition of the magazine, is now back online after a two-month suspension by Meta, following an order by the Düsseldorf Regional Court.

UPDATED: European Commission Unveils AV App, Addresses Hacks

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

Show More