Sen. McCain Aims to Expand Federal Obscenity Reporting Law

WASHINGTON — Speaking at the close of the 2006 legislative term, Sen. John McCain, R-Ariz., said he plans to introduce legislation that would extend federal obscenity reporting guidelines to all forms of Internet communication when the Senate reconvenes in 2007.

The proposed law could bring millions of adult and mainstream commercial websites under the same regulatory regime that governs Internet service providers.

Known as the Stop the Online Exploitation of Our Children Act, the bill requires webmasters who operate websites that employ message boards, chatrooms, social networking functions, email or instant messaging services to comply with federal obscenity reporting guidelines. Internet content hosting services, domain name registration services, search engines, electronic communications services and image and video-sharing services also would fall under the purview of the proposed legislation.

Under the proposed law, webmasters would be required to report illegal images — including child pornography and some form of obscenity — to authorities, or face fines of up to $300,000 and possible criminal prosecution.

Webmasters also would be required to preserve records for up to six months of any “information relating to the facts or circumstances” of an incident involving obscenity or child pornography.

“This legislation would reduce the sexual exploitation of our children, and punish those who cause them physical and emotional harm through sex crimes,” McCain said. “In recent years, technology has contributed to the greater distribution and availability, and, some believe, desire for child pornography.”

Electronic Frontier Foundation attorney Kevin Bankston expressed concern that laws such as the one McCain has proposed present a “slippery slope.”

“Once you start creating categories of industries that must report suspicious or criminal behavior, when does that stop?” Bankston said.

Bankston added that a vague definition of obscenity means that all websites, particularly those run by smaller operators, face a difficult task when it comes to identifying illegal content.

Free Speech Coalition Board Chairman Jeffrey Douglas told XBIZ the bill smacks of ignorance.

“It would be nice if people who introduced these things knew what they were talking about,” Douglas said. “It is impossible to identify what is or is not obscene. Identifying child pornography when it does not involve pre-pubescent minors is also nearly impossible.”

According to Douglas, McCain’s bill will encourage webmasters to over-report incidents, which would be ineffective for law enforcement and create a chilling effect on constitutionally protected speech.

“Under the law, it would be crazy not to report,” Douglas said.

For ISPs, which are already obligated to report incidents of obscenity and child pornography, the bill contains some good news, according to Kate Dean of the U.S. ISP Association. McCain’s legislation does much to clarify the reporting procedure under for ISPs, Dean said.

In the meantime, Attorney General Alberto Gonzales and the FBI are expected to continue their calls for mandatory data retention for ISPs in the coming year. Rep. Diana Degette’s office said the Democrat from Colorado plans to introduce legislation in the House early in 2007 that would require ISPs to retain records of users’ online activities.

While the 2008 presidential election is still a long way off, McCain, who has announced his candidacy, looks to be a strong challenger for the Oval Office in the general election, if he can clear a field of more conservative Republican nominees during the primary season.

Douglas said he believes legislation such as this, which he hopes will not gain traction given the change of power in Washington, could be an effort on McCain’s part to use the politics of fear in his Presidential bid.

“It is typical of modern politics to try to motivate voters through fear because a more thoughtful approach to solving the problem is not as immediate,” Douglas said.

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

Spicey AI Relaunches Site, Debuts $Spicey Tokens

Interactive voice chat platform Spicey AI has relaunched its website and introduced $Spicey tokens.

FSC: Missouri Age Verification Rule Will Not Take Effect August 30

The Free Speech Coalition (FSC) announced that Missouri's proposed age verification legislation will not take effect on August 30, as it had originally estimated.

Little Caprice, Marcello Bravo to Co-Host 2025 XMA Europa Awards

XBIZ is pleased to announce that husband-and-wife duo Little Caprice and Marcello Bravo will co-host adult’s biggest night in Europe: the 2025 XMA Europa Awards on Sept. 4, in the epic climax to XBIZ’s fall events series.

Germany Will Block Payments to AV-Noncompliant Adult Sites as of Dec. 1

Starting Dec. 1, Germany will implement new rules prohibiting financial institutions from providing payment services to adult sites deemed to have inadequate age verification systems and making it easier for the government to target websites mirroring the content of such sites.

Jerkmate Joins Pineapple Support as Partner-Level Sponsor

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

FSC Launches Age Verification Toolkit for Adult Websites

The Free Speech Coalition (FSC) announced today that it has launched a comprehensive toolkit to help adult websites navigate age verification laws.

Romero Mr. Alien to Present XBIZ Talk at Amsterdam Conference

XBIZ is pleased to announce that noted producer/director Romero Mr. Alien, the impresario of the XMAs award-winning studio Hentaied, will present an exclusive talk at next month’s Amsterdam conference.

New Fansly Analytics Platform 'SlyKiwi' Launches

SlyKiwi, a new analytics platform exclusively designed for Fansly content, has officially launched.

FPNCash Appoints Kimi Evans Head of Business Development

FPNCash has appointed Kimi Evans as its new head of business development.

CamModelDirectory Launches Platform Upgrade

CamModelDirectory has launched its CMD 3.0 platform upgrade.

Show More