Porn Industry Fights New Proof-of-Age Rules
Within the past century, the federal government has had what some may call an obsession with pornography. Its attempt to shut down magazine mogul Larry Flynt, its requests for Google's search-term records and the racy Ken Starr report are all testaments to this fascination. But a regulation the DOJ recently...
February 17, 2006 at 09:09 AM
3 minute read
The original version of this story was published on Law.com
Within the past century, the federal government has had what some may call an obsession with pornography. Its attempt to shut down magazine mogul Larry Flynt, its requests for Google's search-term records and the racy Ken Starr report are all testaments to this fascination. But a regulation the DOJ recently passed to regulate the activities of porn Websites has those in the adult-entertainment business wishing Congress would just take a cold shower.
The Free Speech Coalition, an adult-entertainment industry group, filed suit against the DOJ in a federal court in Denver, on the grounds that the recent changes violate their First Amendment rights. The case is currently on appeal before the 10th Circuit. At issue are updates made in June 2005 to a 1988 child-protection law that require any Web site containing sexually explicit material to maintain records proving that performers are at least 18 years of age. The regulations are retroactive, forcing site operators to maintain records for all explicit content for the past 10 years. Criminal penalties could have first-time offenders serving prison sentences of up to five years.
Those in the porn business worry that the new rules, which specifically require the retention of a performer's date of birth, a copy of a form of government-issued identification and all aliases used in the industry, will put many of them out of business. The government's argument, according to court filings, is that it wants to crack down on sites promoting content featuring “teens” and “young-looking performers.”
Within the past century, the federal government has had what some may call an obsession with pornography. Its attempt to shut down magazine mogul Larry Flynt, its requests for
The Free Speech Coalition, an adult-entertainment industry group, filed suit against the DOJ in a federal court in Denver, on the grounds that the recent changes violate their First Amendment rights. The case is currently on appeal before the 10th Circuit. At issue are updates made in June 2005 to a 1988 child-protection law that require any Web site containing sexually explicit material to maintain records proving that performers are at least 18 years of age. The regulations are retroactive, forcing site operators to maintain records for all explicit content for the past 10 years. Criminal penalties could have first-time offenders serving prison sentences of up to five years.
Those in the porn business worry that the new rules, which specifically require the retention of a performer's date of birth, a copy of a form of government-issued identification and all aliases used in the industry, will put many of them out of business. The government's argument, according to court filings, is that it wants to crack down on sites promoting content featuring “teens” and “young-looking performers.”
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