Laws Can't Stop The March of Technology, Australian Judge Says

SYDNEY — An Australian Judge said that the march of technology is unstoppable, and laws aren't enough to protect consumers' privacy or corporations' copyrights.

High Court Justice Michael Kirby voiced his opinion about the state of Internet technology while considering his nation's Privacy Act, which regulates how much information companies can collect about consumers online.

Currently, the law requires that data collected about a person can't be used without their consent. Kirby doubts the government's ability to enforce that law.

"It was a good moral and ethical principle to keep people's control over the usage that was made of the information ... And then along came Google and Yahoo," Kirby said. "And when the new technology came, there was a massive capacity to range through vast amounts of information. The notion that you could control this was a conundrum."

Adult industry lawyer Ira Rothken agreed. He told XBIZ that the proliferation of information-gathering and content-sharing technologies have highlighted the growing tension among privacy, fair use and copyright concerns.

"Here's the problem: It's hard to enforce copyright laws on the Internet, because it's hard to keep track of who's doing what unless you gather a lot of information about them so you can keep track of what they do with your content," said Rothken, a managing partner of the Rothken Law Firm.

So what's the solution? Justice Kirby said that lawmakers need to put checks on large corporations to make sure they don't abuse their technologically given ability to collect massive amounts of data.

"To do nothing is to make a decision to let others go and take technology where they will," he said.

Rothken said that focusing on the context of individual cases that deal with free speech, fair use, copyright and privacy should help adult industry professionals find the right balance, though he also offered some advice.

"It all depends on context," Rothken said. "Content owners in adult need to be more thoughtful and careful about what arguments they make against fair use, because fair use and free speech go hand-in-hand. They might be better served by being more liberal when it comes to fair use."

Chicago-based adult industry lawyer J.D. Obenberger mostly agreed with Rothken. He told XBIZ that the fight to regulate these new technologies isn't over yet, and he added that even though adult producers should fight to protect the copyright on their content, he cautioned against the use of Digital Rights Management (DRM) and other regulatory software.

"Anything you do to protect your content is going to make more headaches for your legitimate customers who ought to be able to store the videos they've already paid for once," he said. "Most producers don't use DRM – they attract people by looking forward and making more and more content."

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

New Age Verification Service 'AgeWallet' Launches

Tech company Brady Mills Agency has officially launched its subscription-based age verification solution, AgeWallet.

AEBN Publishes Popular Searches for September, October

AEBN has published the top search terms for the months of September and October from its straight and gay theaters in all 50 states and the District of Columbia.

Creator, Influencer YesKingzTV Passes Away at 47

Adult content creator and social media personality YesKingzTV, aka Micheal Willis Heard, has passed away at the age of 47.

Pre-Nominations Now Open for 2026 TEAs

The pre-nomination period for the 2026 Trans Erotica Awards (TEAs) is now open.

FSC Releases Updated Age Verification Toolkit

The Free Speech Coalition (FSC) has announced the release of its updated age verification toolkit.

Duke Tax Joins Pineapple Support as Supporter-Level Sponsor

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

UK Moving Ahead with Plan to Outlaw 'Choking' Content

The U.K. government has announced its intent to follow through on criminalizing “choking” content, a plan that was announced earlier this year.

Italy to Require Age Verification for Adult Sites

Italian media regulator AGCOM has announced that all sites and platforms hosting adult content will be required to implement age verification systems starting Nov. 12 to prevent access by users under 18.

'MILFlicious' Launches Through YourPaysitePartner

MILFlicious.com has officially launched through YourPaysitePartner (YPP).

Op-Ed: The Guardian's XBIZ Amsterdam Podcast Dismisses Creators' Experiences

British newspaper The Guardian’s podcast coverage of XBIZ Amsterdam 2025 purports to investigate the power dynamics of today’s online adult industry. Instead, it ignores creators’ voices, airs tired and outdated preconceptions about the business, and rehashes the unsupported claims of anti-pornography crusaders.

Show More