WASHINGTON, DC -- Attached to the Senate telecom bill is a requirement that commercial Web sites must not place "sexually explicit material" on their home pages upon pain of felony prosecution -- and, in addition, they must rate "each page or screen of the website that does contain sexually explicit material" with a system to be devised by the Federal Trade Commission. This part of the bill is in the form of a seven-page amendment by Senator Conrad Burns (R-MT) and is virtually identical to S3499 , a bill introduced earlier by Senator Jon Kyl (R-AZ). Both the Burns amendment and S3499 provide for penalties of up to 5 years in prison for non-compliance with the labeling requirements. ( In an earlier FSC report we quoted CNET News to the effect that the bill carried a 15-year prison sentence. However, CNET News subsequently amended their report.)

The Burns amendment gives Attorney General Alberto Gonzales what he asked for in April when he proposed a legislative initiative, including mandatory self-rating for commercial adult Internet websites. (See X-Press Report, “Justice Proposes Legislation,” 4/21/06).

TELECOM BILL FALLS SHORT ON NET NEUTRALITY

WASHINGTON, DC -- The “Communications, Consumer's Choice, and Broadband Deployment Act” does not include protections for net neutrality. Democratic amendments to protect net neutrality failed to obtain a majority in the Committee by a vote of 11-11. However, the battle over net neutrality is not over yet. It is by no means clear that there are enough votes on the floor of the Senate to overcome a filibuster and Senator Ron Wyden has placed a hold on the telecom bill, an informal action which represents a possible intention to filibuster.

“Without a clear policy preserving the neutrality of the Internet and without tough sanctions against those who would discriminate, the Internet will be forever changed for the worse,” said Wyden. “Without net neutrality protections, this bill is bad news for consumers and anyone who today enjoys unlimited access to all of the Net's applications, service and content.”

The question for adult entertainment, of course, is whether the telecom giants can be trusted when it comes to controversial forms of Internet speech. On the positive side, the “Communications, Consumer's Choice, and Broadband Deployment Act” does include the “ Internet Consumer Bill of Rights,” which was added by Committee Chair Ted Stevens (R-AK) and which may help against overt censorship of adult entertainment. ( See our earlier FSC report). But the Internet Consumer Bill of Rights relies on the Federal Communications Commission for oversight and enforcement. That is hardly reassuring, judging from the abominable FCC record in recent years of pandering to right-wing groups when it comes to broadcast indecency.

Senator Wyden quotes are from Earevolution.com, 6/29/06
See also, Anne Broache and Declan McCullagh, CNET News, 6/28/06

COUNTY THROWS THE BOOK AT ADULT GROUP

PENSACOLA, FL -- Ray Guhn, the owner of Global Technology Productions -- an adult production company with related websites -- as well as Kevin Stevens, a producer and website technician, and Andrew Craft, General Manager for the company, have been arrested here, apparently simply for producing adult entertainment and selling subscriptions on affiliated websites, although the charges list racketeering, prostitution and sale of obscene materials. More arrests are pending, according to Florida State Attorney Bill Eddins.

Escambia County Sheriff Ron McNesby said that the arrests reflect the area’s “values,” and are designed to send a message.

“We want people to know that we don’t want this kind of activity in our community,” said McNesby.
The arrests highlight once more the capricious and irrational nature of law enforcement when it comes to adult entertainment. Media accounts do not indicate that the websites in question, which included CumOnHerFace.com, LesbianHangout.com and BustyTramps.com, were outside the mainstream of adult entertainment.

"It's extremely confusing,'' said Tom Julin, a Miami First Amendment attorney." You see so much sexual content on cable channels and the Internet. Why has there not been a prosecution of HBO?"

Information is from Troy Moon, Pensacola News Journal, 6/26/06
And from Chrissy Cresswell, Pensacola News Journal, 6/27/06

PLEA BARGAIN ON OBSCENITY CHARGES

SHREVEPORT, LA -- Daniel Smart, who ran a successful business as a distributor of adult videos through mail-order (by Federal Express) and through his online business, Cybertainment -- until he was arrested last summer on federal and state charges of obscenity, mail fraud, tax evasion and money laundering -- has pleaded guilty in federal court to obscenity charges. Smart came to the attention of law enforcement when someone e-mailed state police after recognizing an actress in a video that depicted a murder. The anonymous source feared the actress was in real danger and police investigated. After learning that the actress had not, in fact, been killed in the video and was not in danger, the investigation was nonetheless continued and eventually expanded into a mini-taskforce that included Customs agents due to the worldwide distribution of allegedly obscene materials. Reportedly, among the videos distributed were some featuring bestiality. Smart faces up to five years in prison when he goes for sentencing in October.

Some information is from the Shreveport Times, 6/27/06
See also a story at a local news channel KTBS