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 © 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

UPDATED: Court Approves Class Action in Labor Claims Against VMG

A U.S. district court has granted class certification in a civil lawsuit filed against Vixen Media Group (VMG) by retired performer Kenzie Anne, making it possible for additional performers to join in a class action against the company.

Brazil Invites Public Input on Guidelines for New Digital Law

Brazil’s National Data Protection Authority (ANPD) is soliciting public comments to help improve interpretation and application of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

X3 Expo Unveils Euro All-Stars for Inaugural Amsterdam Edition

X3 Expo, Hollywood's premier adult entertainment expo, makes its European debut at Passenger Terminal Amsterdam Sept. 11-12, bringing together fans, creators, and industry insiders for the Continent’s largest assembly of adult entertainment stars, alongside a dazzling lineup of attractions spotlighting the cutting edge of modern media and pleasure tech.

2026 Pornhub Awards Nominees Announced

The list of nominees has been revealed for the eighth annual Pornhub Awards, which will be held May 27 in Los Angeles.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the list of popular searches from its straight and gay theaters, by country, for February and March.

BranditScan Rolls Out 'UrLinks' Platform Feature

BranditScan has introduced its new UrLinks homepage feature for creators.

UK Outlaws Content Featuring Choking, Adults Portraying Underage Characters

The U.K.’s Crime and Policing Bill received final passage in Parliament on Monday, including provisions criminalizing depictions of “non-fatal strangulation” as well as sexual content in which adults portray underage characters.

Grooby Launches 30th Anniversary Campaign

Grooby is celebrating its 30th anniversary with a showcase campaign featuring 30 of the studio's newest models.

Island Conference Joins ASACP as Media Sponsor

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

Elly Clutch, Girthmasterr to Host 2026 XMA Creator Awards

XBIZ is pleased to announce Elly Clutch and Girthmasterr as co-hosts of the 2026 XMA Creator Awards, presented by premium creator platform Fansly.

Show More