free speech

arvan's picture

FSC Issues a Call-to-Action for the Adult Online Community

ICANN has posted the Revised Proposed Registry Agreement and Due Diligence Documentation for public comment on the ICANN website.  FSC has responded to the Board with a letter of requests and has filed a Documentary Information Disclosure Policy for additional information.

We need your help!  FSC is launching an industry-wide call-to-action.  It is imperative that you speak up now! 

ICANN’s .XXX current comment period closes Thursday, September 23rd so ACT NOW!

There are two ways in which adult industry professionals can be counted on the public forum:

1. Click on the link below and respond to the statements of opposition.  FSC will compile the data and report it to ICANN

http://www.zoomerang.com/Survey/WEB22B6YZULW6R

2. Or better yet, PLEASE write your own statement of opposition to ICM’s proposed .XXX sTLD.  Below are some issues you may want to stress. 

Comments can be posted on:

xxx-revised-icm-agreement@icann.org

Public Comment Suggestions

Make sure that you mention that you are a professional member of the adult online community-the party most impacted by the ICANN Board’s decision.  Write to the Board about any of a number of issues as demonstrated below. 

Let the Board know that you are concerned…

… that ICM is pushing unnecessarily for a “responsible” global online community when the adult entertainment community already has an entity through which Internet publishers and others can self identify as a responsible global online adult entertain¬ment community through the Free Speech Coalition and its Code of Ethics.

… with companies that have pre-registered .XXX domain names but are in opposition to a .XXX sTLD .  By ICM’s own definition those companies do not qualify for a .XXX sTLD because they do not voluntarily agree to the .XXX sTLD and thus believe that ICM’s proposed .XXX sTLD would be detrimental to their business.

… with the lack of transparency surrounding ICM’s submissions in the omission of the names of IFFOR Board members and Policy Council members who will develop regulations for the .XXX online industry. 

… that adult businesses would be required to agree to comply with “IFFOR Policies and Best Practices Guidelines” that have yet to be created by boards and councils which have yet to be revealed.

… that information provided for public comment is insufficient.  Members of the adult entertainment community require more information about the application in order to provide the appropriate level of feedback to the ICANN Board for it to make an informed decision. 

… that if additional information is provided, the community most impacted by .XXX, the adult online community will not have sufficient time to respond and therefore request that the public comment period be extended 30 days after additional information that has been requested has been supplied.

Thank you.  Your time and effort are greatly appreciated.  If you have any questions or require additional information contact diane@freepeechcoalition.com.

Comments can be posted on: xxx-revised-icm-agreement@icann.org

Remember…. ICANN N’s .XXX current comment period closes Thursday, September 23rd so act now!

Gregory A. Piccionelli's picture

Revolution for Community Standards

Every now and then an event occurs in the adult entertainment industry that is of critical interest to every participant in the business.

On Oct. 28, 2009, such an event occurred.

On that day the 9th U.S. Circuit Court of Appeals became the first to adopt the requirement that content distributed via the Internet that is alleged by the government to be obscene must be subject to a national standard and not a local community standard as has been the case since the inception of the commercial web.

The ruling is revolutionary for many reasons, but perhaps most importantly for the average online adult entertainment entrepreneur because the 9th Circuit has taken a giant step in leveling the playing field for adult businesses under constant threat of obscenity prosecution by the government.

Obscenity prosecution, just the thought of it scares the hell out of just about every adult entertainment entrepreneur, and with good reason. Consider the following regarding the potential result of a conviction of violating the federal obscenity laws:

  • Each distributed item found to be obscene potentially carries a penalty of five years in a federal prison, heavy fines and forfeiture of money obtained from the distribution of the items.
  • Distribution of two or more obscene items is a specified predicate act that can trigger simultaneous prosecution under the federal law known as the Racketeering Influenced and Corrupt Organizations Act, aka RICO, a heavy-hitter law enacted to destroy entire mob operations. Persons convicted of a RICO offense face an additional 10 years in jail plus the forfeiture of all property associated with the enterprise associated with the distribution of the items. Thus, for example, a webmaster running an online business from his home who has been charged with distributing as few as two obscene video clips from one of his sites could face a RICO action that might result in the forfeiture of his home.
  • Monies obtained from distribution of obscene materials are also subject to the federal money laundering statutes. These big boys can send you away for 10 years for domestic money laundering, 20 years if the money is made or is moved offshore.
  • If more than one person is involved in the distribution of allegedly obscene materials, all parties could face an additional charge of conspiracy, which can add up to another 10 years to a convicted defendant's sentence. Thus, if you and a business partner operate an adult membership site depicting two or more sexually explicit images or video clips, you could, in theory, face up to 50 years in prison. That's right 50 years for publishing a couple of photographs! That my friends, is an obscenity much greater than any two photographs could ever be, regardless of what may be depicted in them.

arvan's picture

UNC 2010 symposium: Sexually Explicit Speech and the First Amendment

FIRST AMENDMENT LAW REVIEW presents its eighth annual symposium

Thursday, Feb. 18 and Friday, Feb. 19, 2010

Keynote: Larry Flynt, Publisher of Hustler magazine and founder of Larry Flynt Publications

Thursday, Feb. 18, 8 p.m.*

Location: Great Hall, UNC Student Union

Moderators: Clay Calvert, Professor and Brechner Eminent Scholar at the University of Florida, and Robert Richards, John and Ann Curley Professor of First Amendment Studies at Penn State University.

*Tickets are required for this session only

Free tickets available beginning Feb. 1 at the Student Union Box Office

arvan's picture

America's Sexuality Day: March 03, 2010

Doesn't your sex deserve a national day of recognition?

AMERICA'S SEXUALITY DAY is an exploratory collaboration initiated by The Comstockery Campaign.

The Comstockery Campaign seeks to promote broad and inclusive national honor and tribute to sexuality in America.

The Awards and public advocacy projects will be 501 (c) (3) compliant.  They welcome all organizations that promote sexual knowledge and free speech to utilize March 3 celebrations to benefit their own missions in diverse and meaningful ways.

The Petition for a Congressional Resolution for Sex will be a bi-partisan 501 (c) (4) public lobbying initiative for Congress to officially recognize the contributions of sexuality in our democracy and humanity.

Sex is unquestionably a primary, essential impulse for human survival and pleasure.  Yet, there is no date specifically designated to honor sex in America.

March 3, the historic anniversary of The Comstock Act of 1873-- America’s congressionally authorized national censorship laws against sexual free speech-- is the most advantageous date for celebrating the complex symbiotic relationship of sex, individuality, culture and our democracy.

What can you do?  Here are a few suggestions:

There is a swarm for this event, at Bloggers Unite.

Have sex.

Talk about sex.

Visit Congress and have sex.

What can you think of to promote acceptance and public respect for sex on March 3, 2010?

- arvan

free speech revolution's picture

Interview with Alice Bell!

Interview with Alice Bell!

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Aly Sinclair Speaks on "The Cambria List"

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Interview with Fang Ling Lee!

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Interview with Erika Kane!

Interview with Erika Kane!

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Sarah Palin. Boo Hoo. Cry Me a River.

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Wednesday, June 17, 2009 by M. Dickinson

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