Webmaster Released From Prison

LOS ANGELES – Webmaster Sherman Austin has been released from prison near Tucson, Ariz., where he served almost a year behind bars for hosting a left wing website that included some content that Austin did not write and was posted by someone else – on how to make bombs.

The case, plus the draconian sentence and parole terms imposed on Austin, has far-reaching implications for adult webmasters.

According to leftist magazine CounterPunch, on Jan. 24, 2002, the FBI and Secret Service surrounded Austin’s apartment in Sherman Oaks, Calif. Authorities seized his computer equipment, protest signs, political books, and more.

CounterPunch states that the warrant was supported by an FBI affidavit that contained two suspected charges – [1] distribution of explosives information with the intent that the information be used for, or in furtherance of, an activity that constitutes a Federal crime of violence, and [2] alleged illegal computer activity that included defacement of web pages.

Austin was arrested Feb. 2, 2002, in New York City at a protest against the World Economic Forum.

CounterPunch noted that Austin’s anarchist site, raisethefist.com, featured what is known as an open publishing newswire, made famous by the indymedia.org network of sites, that allows users to submit text and photographs that instantly appear on the newswire at the push of a button.

"Austin provided free web storage space – or hosting space, to use proper Internet terminology – to activists who asked for it," CounterPunch observed. "Activists who took up Austin’s offer could, independently of Austin, and at their leisure and will, post, remove, and alter web pages they themselves created and authored.”

One user uploaded the following text to the site Austin hosted: “a small section with recipes for explosives. Its latter part appears cobbled together from and inspired by instructions on explosives freely available on countless websites accessible by simple Google searches, as well as published books. They do not appear very detailed, or for that matter, effective,” CounterPunch wrote.

According to the Electronic Frontier Foundation, Austin took a plea bargain rather than face a potential 20 years in jail due to enhanced terrorism penalties.

"U.S. District Judge Stephen Wilson sentenced Austin to triple the sentence term the prosecutor had recommended under a binding plea bargain agreement, along with three years of probation,” reported EFF, a San Francisco-based nonprofit group dedicated to protecting digital rights.

KPFK , the Pacifica radio station in L.A., covered Austin’s return to L.A. on July 14, and reported that his probation terms are also extremely onerous.

Austin cannot speak on cellphones without receiving prior permission from his parole officer; authorities will download and review his computer files; and he is being confined to a halfway house at the start of his probation.

Austin, a 21-year-old African American, maintains that he did not author or closely review the offending passage, which was posted by another party on the site Austin hosted. The other party – reportedly an affluent white teenager - was not charged.

As Reagan-appointed Judge Wilson stated: “This is a case that has national, international overtones."

Austin’s case could theoretically be cited as a legal precedent wherein adult webmasters are held liable for obscene content, which does not have First Amendment protection, is posted on sites they host by other users.

A webmaster who only provides users with legal content involving consenting adults could potentially be prosecuted for child porn posted by others on sites they host.

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

Texas Resumes AV Lawsuit Against Aylo Following SCOTUS Decision

A district court judge in Texas has unfrozen the state’s $1.6 million lawsuit against Aylo for allegedly failing to comply with age verification requirements, Bloomberg Law is reporting.

JuicyAds Wins Trademark Infringement Case Against Fraudulent Domain

JuicyAds has won its World Intellectual Property Organization (WIPO) case against a website using a similar domain to impersonate the company's site and defraud customers.

Anissa Kate, Jordan Starr Top AEBN for Q2 of 2025

AEBN has published its top-selling stars for the second quarter of 2025, with Anissa Kate landing atop the leaderboard for straight theaters and Jordan Starr heading up the gay rankings.

AEBN Reveals Eva Maxim as Top Trans Star for Q2 of 2025

AEBN has published its top trans stars list for the second quarter of 2025, with Eva Maxim landing atop the leaderboard.

France Reinstates Age Verification Rule for EU Sites

France’s highest court, the Council of State, on Tuesday reinstated age verification rules for EU-based sites under the country’s Security and Regulation of the Digital Space (SREN) law, ruling in favor of the French government and against Hammy Media.

Whisper Fans Joins Pineapple Support as Supporter-Level Sponsor

Whisper Fans has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Utherverse Launches 'Red Light Center' Virtual World

Virtual reality and metaverse technology company Utherverse has launched its new virtual world, RedLightCenter.io.

European Commission Approves AV Guidelines, Unveils Prototype App

The European Commission on Monday released its final, approved guidelines for protecting minors online under the EU’s Digital Services Act (DSA) and made public a “white label” age verification app intended to help sites and platforms comply with age verification rules under the DSA.

Show More