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"

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

Cosplayground Releases 'Furiosa XXX: A Porn Parody'

Cosplayground has released its seventh original production, “Furiosa XXX: A Porn Parody.”

Washington Post Profiles ECP VP Solomon Friedman's Appearance at XBIZ LA

The Washington Post published this weekend a lengthy feature about Pornhub and Aylo, focusing on Ethical Capital Partners’ VP of Compliance Solomon Friedman’s keynote address and other appearances at XBIZ Los Angeles in January.

'Sex Workers Deserve Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and adult businesses.

Mile High Unveils New Unscripted Studio 'Sex on Sight'

Mile High Media has launched a new unscripted-content studio, Sex on Sight.

Belgian Producer Dennis Black Magic Sentenced to 7 Years for Rape, CSAM

Belgian adult producer and director Dennis Black Magic has been sentenced to seven years in prison and a $4,000 fine for the rape of eight models and distribution of CSAM.

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

After Seoul authorities repeatedly prevented 2024 KXF The Fashion from finding a suitable venue, event organizers have canceled the popular Korean adult industry expo, which was scheduled for this week.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with congressional candidate Joe Cohn, whom the organization calls a strong advocate for adult industry rights.

Sophie Dee, Ricky Johnson to Deliver 'XBIZ Talks' at Miami Conference

XBIZ is pleased to announce that Sophie Dee and Ricky Johnson will each deliver an “XBIZ Talk” at next month’s XBIZ Miami conference

FSC to Examine How 'Derisking' in Banking Affects Adult Industry

The Free Speech Coalition (FSC) is hosting a webinar on derisking in the financial services industry, titled "Derisking: Examining Its Impact on the Adult Industry's Access to Banking," on April 24 at 11 a.m. (PDT).

Democratic Governor Fails to Veto Kansas Age Verification Bill

Kansas’ Democratic governor, Laura Kelly, expressed strong reservations about the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, but ultimately decided not to veto it, allowing the legislation to become law by default without her signature.

Show More