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

2026 XBIZ Exec Awards Nominees for Online Industry Announced

XBIZ is pleased to announce the nominees for the online industry edition of the 2026 XBIZ Exec Awards, set to be presented as part of the annual XBIZ Honors ceremony on Wednesday, Jan. 14 in conjunction with the XBIZ 2026 digital media conference.

AEBN Publishes Report on POV Trends

AEBN has published a report on POV and gonzo categories from its straight and gay theaters.

Joybear Pictures to Launch 'I Really Love' Studio Imprint

Joybear Pictures has announced that its new studio imprint, I Really Love, will launch in January.

Pineapple Support to Host 'Life Transitions' Support Group

Pineapple Support is hosting a free online support group on navigating transitional and liminal spaces.

CamSoda Launches 'Trick or Tease' AI Companions

CamSoda has launched its Halloween-themed Trick or Tease AI companions.

Russian Lawmakers Call for Age Verification

Two Russian lawmakers have called on the country’s government to implement age verification for adult content.

British Documentary Spotlights XBIZ Amsterdam With Candid Conversations

British creator and host Josh Pieters traveled to XBIZ Amsterdam to film a documentary about the annual European adult industry conference.

XBIZ 2026 to Debut 'New Talent Go-See' Special Event

XBIZ 2026, North America’s premier adult industry conference, will debut a special event designed to help new talent jump-start their careers: the New Talent Go-See.

Penthouse Announces Digital Archive Launch

Penthouse Magazine has announced that it will launch a comprehensive digital archive in 2026.

Dreamcam Joins Pineapple Support as Supporter-Level Sponsor

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

Show More