The Feds They Are A' Coming...

At the legal seminar held as part of Webmaster Access' Atlanta 2004 show, noted first amendment attorney J.D. Obenberger entertained, educated -- and sometimes alarmed -- the audience with his outline of the past, and possible future direction, of obscenity prosecutions in America:

J.D., an experienced and charismatic orator, began his monologue by saying "The adult Web is vastly hated -- and loved -- by the vast majority of America..." and then continued to build upon his theme of how the public's, and prosecutor's, views of porn, are "Two worlds in conflict..."

Using the Department of Justice's recent hiring of veteran obscenity prosecutor Bruce Taylor (possibly as a recruiter of like-minded prosecutors and investigators) as an example of this conflict, Obenberger cited Taylor's view of adult material as simply "crimes that have not yet been prosecuted," and contrasted it with the American public's view, by noting "Porn's popularity is not evidence of a crime being committed, but of community tolerance," as evidenced by the plethora of programming available via print, cable, and satellite outlets, as well as through the World Wide Web.

J.D. backtracked with a brief history of obscenity prosecution under the Clinton administration, and Janet Reno's tenure as head of the Department of Justice, and compared that climate to the current (and very different one) in place under the Bush administration, with John Ashcroft at the helm of the DOJ. Ashcroft, seen as a "true believer" determined to impose his conservative Christian morality on all types of media, is under pressure both from an administration seeking election year support, and from several "grass roots efforts" by organizations such as obscenitycrimes.org -- a Website developed to facilitate reporting of "obscene material" to federal authorities, and determined to follow up on reported sites to ensure their operator's prosecution. Congress is also squeezing the Attorney General by demanding a report on the number of 18 USC 2257 inspections and prosecutions.

Despite this pressure -- and the certain wave of prosecutions headed our way -- Obenberger contends that "We've already won, and they just don't know it yet..." After outlining many of the factors that led him to this conclusion (and acknowledging that some will lose their money, and others, their freedom, before this fight is over), J.D. went on to say that "the real enemy isn't John Ashcroft, it's the guy sitting in the chair next to you..." especially if he's a spammer.

"Spammers urinate in the well we all drink from!" J.D. exclaimed, describing the ways in which adult Webmasters themselves, can be the industry's own worst enemy.

The issue of 2257 compliance was discussed on many levels, with the attorney expressing his views on the various nuances of the legislation, as well as the practical mechanics of compliance, including the wisdom of maintaining multiple copies of all required documents in separate, off-site locations to ensure continued compliance in the event of an investigative seizure of the originals. The audience was then asked to join hands and recite "The Obenberger Pledge" which states "We will not buy or otherwise acquire content without full paper records."

While bemoaning a lack of "bright line rules," J.D. also discussed the March, 2004 US Attorney's Bulletin which features an outline of ways in which prosecutors may pursue cases. The upshot of J.D.'s complex explanation of DOJ thinking is that Websites which also ship videos are at a greatly increased risk due to an attempted Justice Department end-run around a "national community standards debate" along with the potentially unfavorable precedent that such a case might set.

In the end, the message was clear: these are increasingly dangerous times to be an adult Webmaster, but careful operators can still abide by the rules (as they exist) and run legitimate -- and safe -- businesses.

Copyright © 2025 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

Missouri AG Announces Age Verification Rule to Take Effect Nov. 30

Newly appointed Missouri Attorney General Catherine Hanaway announced Friday that the state's recently approved age verification regulation for adult websites will go into effect on Nov. 30.

Mag Numb Leads Latest From PlantsVsCunts

Mag Numb stars in the latest scene from Hentaied studio brand Plants Vs. Cunts, titled “The Book of Curses.”

Aylo, Woodhull Freedom Foundation to Host 'Online Censorship' Event

Aylo and Woodhull Freedom Foundation will co-host a virtual panel addressing online censorship on Sept. 30.

Connie Perignon Makes Her Debut for Parasited

Connie Perignon has made her Parasited debut in “A Lesson She Will Payback,” directed by El Pacho.

Aubrey Kate Featured in Latest From Kink.com

Aubrey Kate stars with Sage Roux in the new scene from Kink.com, titled “A Hole for the Prison Guard.”

Severe Sex Films Relaunches Site Through YourPaysitePartner

Severe Sex Films has relaunched its official website through YourPaysitePartner (YPP).

Judge Awards Plaintiffs Over $400K in Attorneys Fees in Derek Hay Civil Case

California Superior Court Judge Gail Killefer has awarded former clients of LA Direct Models over $400,000 in attorneys fees and court costs, to be paid by agency founder Derek Hay.

Stephanie Love, Elise London Topline 'Anal & MILFY' From LeWood

Stephanie Love and Elise London headline "Anal & MILFY," the latest release from directing duo LeWood (Francesca Le and Mark Wood) for Evil Angel.

ChickPass Rebrands as 'ChickPass Cinematic Universe'

ChickPass has announced that it has rebranded its network of sites as ChickPass Cinematic Universe.

Girthmasterr Makes His Brazzers Debut

Girthmasterr has made his Brazzers debut alongside Luna Star and multi-XMAs winner Angela White in the studio's latest release, titled "Welcumming Committee."

Show More