NY Times: Google Trends May Help Define Obscenity

NEW YORK — This morning, the New York Times ran a front-page article about attorney Lawrence Walters planned use of Google search data in his defense of Clinton Raymond McCowen, aka Ray Guhn, who is accused of money laundering, obscenity, racketeering and prostitution in a potentially precedent setting case.

McCowan was arrested in 2006 culminating a months-long investigation into the operations of Guhn's company, Global Technologies Inc., doing business as Ray Guhn Productions. The website that he shot content for, CumOnHerFace.com, is part of the Cash Titans affiliate program, which he owned.

While the case is distinguished by charges pertaining to the RICO Act, of racketeering, money laundering and prostitution, as with many cases involving adult producers, a key component of the Ray Guhn case is determining whether or not the material that was distributed on the Internet by Guhn’s company can be ruled as obscene.

Traditionally, attorneys use the three-prong Miller test to make the determination. However, one of the “prongs,” which requires the material to be deemed obscene by local community standards, becomes a complicated issue when trying to define the standards and parameters of community when applied to the Internet and its users.

According to the article, Walters also hopes to show jurors that searches for adult-oriented material are much more common than more conservative parties would like to believe.

“The whole thing that you have to remember is that when the whole concept of community standards was created, there really was very little material available for private, in-home viewing,” industry attorney Allan Gelbard told XBIZ. “Everything was on film and you went to a movie theatre, so there was a way for people to determine what the community standards were, simply by walking around and seeing what was available.

“But with the advent of home theatre distribution systems, DVD and the Internet, it takes it into a much more private vein,” Gelbard said. “So in order to be able to establish what the community standards are, especially for a jurisdiction for Internet distribution, you have to be able to look at what the community is looking at.”

The data available from Google Trends shows only what the popularity of certain search terms are over a length of time and not exact numbers of searches.

Walters has subpoenaed Google for more detailed search information, however, including specific sexual terms that may have been searched by local residents in Florida, where the trial is scheduled to begin on July 1.

Walter’s strategy for persuading the jurors is similar to what industry attorney Jeffrey Douglas did in the recent trial of Paul Little, aka Max Hardcore, which was tried in Tampa Bay, Fla.

During the trial, Douglas set up a computer in the courtroom and proceeded to search various sexual terms to show the jurors there were millions of references to adult material on the Internet, whereas searches for non adult-related terms yielded much smaller results.

But the jurors remained unconvinced. Hardcore was eventually convicted on all 10 counts of distribution of obscene material through the U.S. Postal Service and on the Internet. His defense team has currently filed an appeal for a new trial.

Douglas stated also, in the article, that a better gauge of community standards might be determined with data reflecting what the public’s habits where in terms of mail-order adult content, because it would offer an indication of what people access in the privacy of their own homes.

Walters, Douglas and Gelbard all agreed that privacy was an issue in determining community standards of obscenity.

“Time and time again you’ll have jurors sitting on a jury panel who will condemn material that they routinely consume in private,” Walters said in the article.

Using the Internet data, “we can show how people really think and feel and act in their own homes, which, parenthetically, is where this material was intended to be viewed,” Walters said further.

Particularly in the Ray Guhn case — which also differs from other recent obscenity prosecution because there was no physical product shipped to consumers, only content delivered online — the question of what users are allowed to access on home computers is brought into play.

“Whatever materials people want to view in the privacy of their own home is personal, and — short of certain areas like how to build a hydrogen bomb or child pornography — they’re nobody else’s business,” Gelbard said.

“They’re personal and the government seeking to criminalize what people want to watch in the privacy of their own home is preposterous in this day and age,” he added. “It’s political and if you think that it isn’t, you don’t understand the nature of the system.”

In the article, American Civil Liberties Union staff attorney Chris Hansen also raised the issue of privacy, in the context of data collected by Internet entities being used as evidence in a legal case.

“That’s why a lot of people are nervous about Google or Yahoo having all this data,” he said.

Related:  

Copyright © 2024 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

Child Protection, Civil Liberties Groups File Amicus Briefs in Support of FSC Court Petition

Several child protection and civil liberties groups have filed amicus briefs in support of the Free Speech Coalition's (FSC) petition to the Supreme Court.

Woodhull Urges the Supreme Court to Find Texas AV Law Unconstitutional

The Woodhull Freedom Foundation and the Electronic Frontier Foundation submitted a brief to the United States Supreme Court on Thursday, urging the justices to rule against Texas’ age verification law.

AEBN Publishes Popular Searches for March and April

AEBN has released the top search terms for the months of  March and April from its straight and gay theaters in all 50 states and the District of Columbia.

2024 XBIZ Creator Awards Winners Announced

Winners of the 2024 XBIZ Creator Awards were revealed Wednesday evening during a live ceremony at E11EVEN Nightclub in Miami, Florida. The event, presented by Fansly, was hosted by Siri Dahl and Little Puck.

'90s Japanese Performer Sues to Remove Titles from Streaming Site

Former Japanese performer Miyuki Ariga is suing the Fanza adult streaming site at the Tokyo District Court to remove four titles in which she appeared in 1994.

Free Speech Coalition Asks Court to Block Montana AV Law

The Free Speech Coalition (FSC) has asked the US District Court of Montana to block the state's new age verification law.

Segpay Launches Virtual 'Segcard' Creator Payout Solution

Segpay has updated its Segcard creator payout option by offering a new, virtual version.

Leading Conservative Think Tank Slams 5th Circuit for Upholding Texas Age Verification Law

Leading conservative think tank the American Enterprise Institute has published an opinion piece penned by one of its senior fellows criticizing the 5th Circuit endorsement of Texas’ controversial age verification law.

OpenAI Shuts Down AI-Generated Porn Rumors

A spokesperson for OpenAI, the company behind ChatGPT, has shut down online chatter about how a rumored relaxation of the company’s stance against AI-generated NSFW content may result in a lifting of its porn ban.

9th Circuit Upholds Verdict Against Oregon College for Discriminating Against Former Adult Performer

The 9th U.S. Circuit Court of Appeals on Monday upheld a 2022 Oregon jury’s verdict in favor of Nicole Gililland, a former nursing student who sued her school for discriminating against her because of her adult performer past.

Show More