2012 in Review: Internet Censorship & the Acronyms We Love to Hate

With the new year upon us, two things become painfully apparent in concluding 2012 sans post-apocalyptic bedlam: 1) the Mayans seem to have preferred tequila breaks over finishing their calendaring duties, and 2) there are no more excuses justifying willful

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Baby Steps: In Brooke S.B. v. Elizabeth C.C. New York Highest Court Expands The Meaning of “Parenthood”; (but insists on a maximum of two)

By Guest Blogger: Thomas A. Joaquin, Esq. Being a parent used to be easy.  Not the job, of course — I doubt that’s ever been easy — I mean being a legal parent of a child, with all the responsibilities and

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Byte-Sexual: Recognizing the Evolving Relationships with Our Electronic Devices

Does the virtual assistant on your smartphone just “get you”? For many smart phone users, interacting with a natural speech-recognizing, intelligent, digital assistant – ever-present on their devices – has become a way of life. It was impossible to imagine

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Caged Pussy Riot: Protecting the Peace or Putin’s Political Revenge?

Between YouTube videos sparking Middle Eastern riots, and the Westboro Baptist Church continuing its ministry one hateful protest at a time, recent headlines have illustrated the unique place that Free Speech rights occupy in American society and jurisprudence.  While these

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Canada’s Copyright Modernization Act: A Law With Global Impacts

Canada is home to many adult website operators, and a large consumer market. While developments in U.S. copyright law have been at the forefront of late, recent dramatic changes in Canadian copyright law are also of significant importance and may

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Censorship by Money: Snuffing Out Adult Entertainment by Denial of Banking Services

Adult film stars are reportedly having their bank accounts systematically closed by JP Morgan Chase bank, for no other reason than their connection with porn. According to industry publications and more directly, tweets from adult film performers, Chase has been

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Criminalizing Online Innovation: State Attorneys General Seek to Amend Section 230

by Guest Blogger: Kimberly A. Harchuck Deceptively invoking the ‘save the children’ mantra yet again, State AG’s are reigniting the battle against online escort advertising websites, this time calling on Congress to amend one of the Internet’s few statutory guardians: Section

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Dangerous Intersections

by Guest Blogger: Kimberly A. Harchuck Could a webcam model also be a paid escort and an active member of a “hookup” dating site?  Naturally, the answer is “yes,” but at what costs?  Blurring the lines between these adult-themed user categories

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DMCA Evolution: Forum Solicits Input on Possible Changes to Notice and Takedown Procedures

The Digital Millennium Copyright Act’s (DMCA) “notice and takedown” procedure and the attendant “safe harbor” protections afforded to service providers often spark controversy and debate. Originally designed as a way to balance the interests of copyright holders and online service

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Feminism or Fascism: Iceland’s Stunning Ban on Pornography May Be Spreading

Iceland recently made headlines with the latest project on its allegedly progressive agenda: a nation-wide ban on pornography.  No stranger to proscribing activities related to commercializing sex, Iceland has already passed laws banning printed pornography, prostitution and stripping, and has

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Florida Sheriff Continues ‘War on Porn’ and Sets Sights on Backpage

by Guest Blogger: Kimberly A. Harchuck Polk County Sheriff Grady Judd is well known for his faith-based campaign against erotic entertainment.  His morality police strike again, this time with a promise to go after the world’s second largest classified ad website,

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Isaacs Obscenity Case & Life Without Miller

In a not-so-surprising, albeit disappointing, decision affecting the adult entertainment industry, the 9th Circuit Court of Appeals recently upheld the obscenity conviction of fetish producer, Ira Isaacs. Isaacs was originally charged with violating federal obscenity statutes in 2007, after the

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Keeping Your Records Clean: Segregating 2257 Records under Federal Law

Performer ID’s? Check. 2257 form? Check. Model release? Check. Throw them all into a file or load them into a database and your legal tail is covered, right? Unfortunately, XXX law is never that simple, particularly when discussing compliance with

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Killing the Messenger: The Campaign Against Online Escort Advertising Sites Part II – Operational Policies & Legal Issues

In Part I of the Killing the Messenger blog post, we addressed the latest headlines highlighting the plight of online escort directories, specifically including the story of Craigslist.org, Backpage.com, and Escorts.com.   We now turn to an overview of the legal

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Mommy Porn & Social Media: Erotic and Mainstream Meet in the Middle

Christian Grey. If you haven’t heard that name uttered dozens times over the last year, it’s safe to say that you may have been living under a rock. While certainly not a literary prose masterpiece, the Fifty Shades trilogy hasn’t

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Private Censorship – Fighting Suppression of Speech by Non-Governmental Actors

Government censorship in the Internet age has been a consistent focal point for free speech advocates.  Recent examples of censorship by the American government can be egregious, including the curtailment of First Amendment rights through mass surveillance, overregulation of disfavored

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Sex, Lies, & Sex Tapes

Sex, drugs & rock ‘n roll. That used to be the unofficial motto of Hollywood. And it worked. For years, the so-called scandals of celebrities in public were enough to keep tabloid headlines fresh, interesting and attractive to readers. Now

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