Walters Explores Criminal Liability Theories for Some Adult Operators

LONGWOOD, Fla. — Adult industry attorney Larry Walters has posted on his website, FirstAmendment.com, a recently published article that gives an analysis of criminal liability theories used against online adult service providers.

The article, published by the Stanford Law and Policy Review, was the result of a symposium held at the school earlier this year, titled, “Law and Adult Entertainment.” Its title is "Shooting the Messenger, An Analysis of Theories of Criminal Liability Used Against Adult-Themed Online Service Providers." 

"This is the first time that a top tier law school has published a law review issue focusing on adult entertainment issues, and is further evidence of the mainstreaming of erotic media," Walters told XBIZ. 

"This particular article focused on the potential criminal concerns facing online service providers, such as hosts, escort advertising directories, Internet forums, tube sites and other user-generated content business models," he said. "Currently, there is no legal protection for these service providers when it comes to potential criminal prosecution based on material uploaded by third-party users." 

Walters said that immunity and safe harbor exists for most civil claims, but criminal liability is relatively uncharted territory in the law. 

"Some legislation has been considered at the federal level, but nothing has passed yet," he said. "So for now, online service providers must be concerned with potential prosecution for things like child pornography, obscenity, Section 2257 violations, criminal copyright/trademark infringement, prostitution and other crimes." 

The Stanford Law article explores these potential concerns and makes recommendations to clarify the law in this evolving field.

Walters, who often writes for XBIZ, noted that law papers on adult entertainment issues are a rarity, and said he was grateful the university's law school published it.

"It is encouraging that a respected law school like Stanford would devote a peer reviewed publication to a topic like adult entertainment," he said. "Adult businesses continue to drive the development of the law in these unsettled areas."

View "Shooting the Messenger, An Analysis of Theories of Criminal Liability Used Against Adult-Themed Online Service Providers"

Related:  

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

FSC: Federal Report Confirms Unfair Banking Discrimination Against Adult Industry

The Free Speech Coalition (FSC) today announced that a federal report on debanking has concluded that several U.S. banks engaged in discriminatory banking practices against members of the adult industry.

Pineapple Support Names Natalie Pereira Executive Assistant

Pineapple Support has appointed Natalie Pereira as its new executive assistant.

AEBN Publishes Popular Searches by Country for October, November

AEBN has released the list of popular searches from its straight and gay theaters by country in October and November.

FSC Summit Event Schedule Announced

Free Speech Coalition (FSC) has revealed its slate of networking events and symposiums for its annual summit, set for January 15 during XBIZ 2026.

Pornhub Releases 2025 'Year in Review' Report

Pornhub has released its “Year in Review Insights” report for 2025, the 12th edition of the site’s annual statistics, data analysis, and infographic initiative.

Washington AV Bill Jumps on 'Health Warning' Bandwagon

A new age verification bill in the Washington state legislature would require adult sites to post notices warning users of alleged health risks, despite a previous federal court ruling against such requirements.

BranditScan Launches '25 Days of Christmas' Promo

BranditScan has launched its 25 Days of Christmas promotion.

MelRose Michaels Named Host of Online Industry Edition of XBIZ Honors

Performer and entrepreneur MelRose Michaels will MC the online industry edition of the 2026 XBIZ Honors, set for Wednesday, Jan. 14, at the Kimpton Everly Hotel in Hollywood.

Irish Regulator: EU States to Ramp Up AV Enforcement for Smaller Sites

A representative of Irish media regulator Coimisiún na Meán told legislators that Ireland and other EU states are preparing to expand enforcement of age verification regulations to include smaller adult sites, British newspaper The Times is reporting.

Sansyl Group Acquires Blue Donkey Media

Sansyl Group, parent company of AdultPrime Network, has acquired Blue Donkey Media B.V., owner of Dutch adult site Meiden van Holland, among several other erotic websites and television channels.

Show More