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

Report: UK Film Classification Board to Monitor 'Extreme' Content Online

The U.K. government has tapped the British Board of Film Classification (BBFC) for a pilot program to monitor online pornography for illegal and “extreme” content, as it prepares to enforce new content restrictions, British media outlet Sky News is reporting.

New Federal Report Slams Debanking but Ignores Adult Industry

The Office of the Comptroller of the Currency (OCC) on Wednesday released a report on debanking activities at nine large national banks, but omitted any mention of the adult industry, despite previously identifying it as a sector facing banking discrimination.

EU Court Rejects Stripchat Challenge of Past VLOP Designation

The EU’s General Court on Wednesday ruled against Stripchat in a lawsuit seeking to annul a 2023 European Commission decision designating the site as a “very large online platform” (VLOP) under the Digital Services Act (DSA).

Aylo Case Against Utah VPN Rule on Hold Pending Legislative Changes

A federal court has paused Aylo’s suit over a Utah law making adult websites liable if minors bypass age verification by circumventing geolocation efforts, until the state legislature can meets to potentially amend the statute.

German High Court Puts Pornhub, YouPorn 'Network Ban' on Hold

A German high court on Friday temporarily barred a state media regulator from ordering internet providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn in Germany, pending further action by Cypriot and European Union authorities.

Luxembourg Media Regulator Fines LiveJasmin for AV Noncompliance

The Luxembourg Independent Audiovisual Authority (ALIA) has levied a fine of 25,000 euros (approximately $28,000) against webcam platform LiveJasmin for failing to comply with provisions of the country’s Electronic Media Law.

AdultHTML Introduces Subscription Option for Website Owners

AdultHTML has added a subscription option for its web development service, allowing site owners to pay a monthly fee for access to developers and tools.

French Parliament Rejects Ban on Purchase of 'Remote' Sexual Services

The French National Assembly has backed off from a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

2027 XBIZ Exec Awards Pre-Nominations Period Opens

XBIZ is pleased to announce that the pre-nomination period for the 2027 XBIZ Exec Awards, the adult industry’s preeminent career honors, begins Wednesday and runs through Oct. 14.

Takedown Piracy Reports Infiltration, Monitoring of Mega.nz

Takedown Piracy has reported that it successfully infiltrated Mega.nz folders and identified and removed nearly two million instances of stolen content.

Show More