Joan Irvine, Executive Director of the Association of Sites Advocating Child Protection (ASACP), will speak at the upcoming GAYVN Summit in San Francisco.

Ms. Irvine’s talk is entitled “Protecting Children, Protecting Yourself” and will take place on Saturday, February 24 at 1:45pm.

The session will feature an update on bills now pending in Congress, which could make labeling mandatory for adult entertainment websites. These include the Protecting Children in the 21st Century Act, and the Internet SAFETY Act of 2007. Ms. Irvine will also report on ASACP’s new RTA website label, which launched in November.

The discussion is intended to increase awareness of the labeling issue, and to help adult companies understand the seriousness of the situation and their options.

“The adult industry has an opportunity here to help protect kids online, and also head off possible new regulations,” Ms. Irvine said. “That’s a win-win situation. We hope a lot of companies will step up now, just as so many already support ASACP’s efforts to fight child pornography.”

The Association of Sites Advocating Child Protection (ASACP) will moderate a classroom session on website labeling at Internext Las Vegas 2007.

The session is entitled “Protecting Children, Protecting Yourself: The New Generation of Website Labeling is Here” and will take place on Tuesday, January 16 at 1:00 PM.

The event will feature an update on the situation in Washington, where possible new laws making website labeling mandatory are being considered. Justin Mattina of the Website Rating And Advisory Council will discuss the WRAAC’s ParentalControl Toolbar project. ASACP will present a report on its new RTA website label, which launched in November. Metadata services company Secure Path will discuss how content rating will be incorporated into the ISAN (International Standard Audiovisual Number) registry for AV works, and Brandon Shalton of Cydata Services will address some possible future business advantages of such labeling.

ASACP’s Executive Director Joan Irvine said that the classroom session is intended to increase awareness of the labeling issue, and to help adult companies understand the seriousness of the situation and their options.

“The adult industry has an opportunity here to help protect kids online, and also head off possible new regulations,” she said. “That’s a win-win situation. We hope a lot of companies will step up now, just as so many already support ASACP’s efforts to fight child pornography.”

More information about website labeling and the RTA project can be found at www.RTAlabel.org.

Founded in 1996, the Association of Sites Advocating Child Protection (ASACP) is a non-profit organization dedicated to eliminating child pornography from the Internet. ASACP also works to help parents prevent children from viewing age-inappropriate material online. Companies and individuals interested in supporting ASACP may go to www.asacp.org for more information on how to get involved.

On January 16th, during the Internext show, Merchant Risk is organizing a seminar in Las Vegas for all merchants that have been affected by IBill’s and Etelegate’s business practices. Merchants that are interested in attending should submit their contact details at www.collectfromibill.com.

If you are not attending Internext, or you are from the East Coast, a second seminar will be organized in Florida shortly after the Vegas seminar. Merchants will learn more about Merchant Risk, their approach to recoveries and how to participate in the IBill and Etelegate recovery. Participation in the seminar is without any obligation and there is no minimum collection amount.

“Given the number of merchants affected by both IBill and Etelegate’s terrible business practices, we are confident we will have enough merchants to initiate a recovery,” states Phil Thompson, account manager at Merchant Risk. “We are hoping for a strong turn-out, so that we can move forward with momentum and a clear mandate to recover,” states Thompson.

Merchant Risk, Recovery & Intelligence was created to assist with asset recovery in cases of fraud. The firm has created a global network of attorneys, investigators, and forensic accountants that allow it to locate assets & funds, and subsequently recover those assets on behalf of its clients. This vast network allows Merchant Risk, Recovery & Intelligence to manage multiple cases across the globe, without regard to geopolitical boundaries. The firm has successfully recovered client assets in the United States, United Kingdom, Canada, Europe, the Caribbean, and Asia.

Contact Phil Thompson at phil.Thompson((AT))mrrii.com, or 1.800.558.9360 xt 113

The Association of Sites Advocating Child Protection (ASACP) has activated an “Online Town Hall” located at www.asacp.org/townhall to open up the topic of self-labeling by adult sites for broad discussion, and to get feedback from all adult companies on this increasingly urgent topic.

At least two recently introduced Senate Bills (S3499 - the Internet Safety Act, and S3432 - the Project Safe Childhood Act) would require adult websites to label all pages featuring adult content or face stiff prison terms. The bills may face political and legal hurdles, and mandatory self-labeling by adult sites may or may not become federal law. However, according to ASACP’s Executive Director Joan Irvine, “No matter what happens, broad voluntary acceptance of self-labeling could help protect children online - and demonstrate the adult industry’s practical commitment to preventing children from viewing adult content.”

The ASACP Online Town Hall site features information about site labeling, plus a discussion forum where professionals throughout the adult industry can begin discussing the topic.

“ASACP represents the combined efforts of many adult companies when it comes to protecting children from adult material,” noted Irvine. “ASACP has stepped up on this issue, and will facilitate an industry-wide discussion. We’ve also been approached by both adult and mainstream companies about possibly helping to establish a new 18+ label, so we definitely want to hear back from the industry that has supported us for so long before proceeding in that direction.”

In addition to the Online Town Hall site, ASACP will help organize and participate in discussions related to self-labeling at upcoming adult industry conferences, including a panel at the XBiz Summer Forum and a session at Internext Summer.

Senator Jon Kyl, a Republican from Arizona, joined eight other Republicans last Tuesday in introducing a new bill (S3499), the Stop Adults’ Facilitation of the Exploitation of Youth Act, or Internet Safety Act. If passed the law will impose serious penalties on ISPs and commercial web sites.

While the exact language of the bill has not yet been published, a copy of the bill was reviewed by CNET News.com sister site silicon.com. Their subsequent report reveals the following details.

ISPs will be fined $150,000 for the first offence and $300,000 thereafter for failing to report to authorities any CP sightings on their networks.

Commercial web site owners, with sexually explicit content, must place “clearly identifiable marks or notices” in either the site’s code or on the pages themselves. The specifications for these labels are to be defined by the US government. Failure to comply could land a site owner in prison for up to 15 years!

The bill also makes it a crime for “using misleading domain names to direct children to harmful material on the Internet”. The proposed legislation also delivers penalties for knowingly embedding words or images in a site’s source code with the intention of deceiving minors into viewing harmful content. Violators will be subject to as much as 20 years in prison!

The bill uses existing federal law for its definition of sexually explicit materials - all types of sexual intercourse: bestiality, masturbation, sadistic or masochistic abuse, or lascivious exhibition of the genitals or pubic area of any person. It is important to note that in one case the courts ruled “lascivious exhibition” of the pubic area could extend to images of people wearing clothing, such as bikini bathing suits, leotards, or underwear.

Criticism has already been expressed over the impact this proposed law would have on artistic, educational, and news sites. In addition, non-commercial sites are apparently exempt under the proposed law, raising questions as to the definition of commercial.

The confusion continues, as the law would exempt large web sites from the labeling requirement if sexual depictions represent a “small and insignificant part” of the overall site. What guidelines should a web site owner use in determining the definitions of large, small, or insignificant?

In all probability this bill will never make it into the law books, as written. However, in today’s political climate one can never assume. If it does make it into law, there is no question mainstream and adult entertainment interests will mount a vigorous challenge in the courts.

It seems that a lot of webmasters are under this false perception that 2257 is off the table. This of course is based on the late 2005 federal court ruling that established a temporary injunction on select components of the new 2257 regulations. What many in the industry have overlooked, or elected to ignore, is the ruling did not enjoin 2257 and its regulations in their entirety.

The requirement to publish custodian of record information for all sexually explicit materials in a publication, often referred to as The Label Law, is still in full force. The requirements for how this information must be displayed are detailed, and arguably confusing. Notwithstanding lack of clarity, anyone subject to US law must comply, or fear criminal prosecution.

This lack of compliance appears to be most prominent among adult bloggers. In my recent survey of several dozen blogs, publishing sexually explicit images, none had posted the required documentation.

The risk factor in ignoring the “Label Law” requirements is anyone’s guess. It is, nonetheless, a risk that many are taking - intentionally or not.

Some may be of the belief that no action will be taken under 2257 until its challenges have been litigated. While there is an argument to be made for this, I don’t see the “Label Law” going away unless 2257 is completely removed from the books - a scenario that does not seem likely.

At the very least, US webmasters should ask them selves what would be involved in meeting the “Label Law” requirements one or two years from now. Having to quickly go back and document several years of published content is an exercise more painful than having teeth pulled. The only alternative would be to suffer the financial impact of shutting down and starting over again.

Earlier this week I was reading through all the comments on AVN’s blog about the recent article “Mr. Cambria Goes to Washington“, By Christian Mann. In his article, Mann is critical of the Free Speech Coalition’s spin on Cambria’s testimony. Referring to the FSC’s newsletter (Free Speech X-Press) Mann said, [the article] “took a thinly veiled shot” at one of Cambria’s answers to Senator Ted Stevens. The FSC article called Cambria’s answer about the lack of a self-rating system among adult sites as “an unfortunate response in the eyes of some observers.”

Layne Winklebleck, author of the Free Speech X-Press article mentioned by Mann, posted a defensive comment saying, “The X-Press editors take no sides in the matter, in line with our policy of evenhandedness in reporting, and also in line with our acknowledged lack of sophistication when it comes to the complexities of the Internet.” He went on to say that one of the “observers” referred to in his article was Connor Young, of YNOT.com. Winklebleck explained that Conner is an Internet savvy observer that [Free Speech X-Press] frequently references when news events involve technical issues. The suggestion being that this journalist took the independent and unbiased opinions of a qualified third party. What Winklebleck glossed over is the fact that Connor Young is also an FSC Board member.

The Free Speech X-Press is many things, but evenhandedness in reporting is not one that comes to my mind. There is no shame in that. One expects an organization’s public relations tool to be wrapped in its own agenda. The X-Press is a publication of the FSC, and as such the voice of the FSC. If anyone doubts the newsletter’s agenda, just take a closer look at its authors. Layne Winklebleck is Legislative Affairs Associate for the Free Speech Coalition and co-editor with Kat Sunlove, FSC’s Director of Legislative Affairs.

I do not appreciate the FSC’s critical comments on Cambria’s performance. The FSC’s Legislative Affairs office can start pointing fingers once they, and their lobbyists, get their foot in the door. Until then, the FSC should be humbled by the fact that one man is doing their job!

I wish we could start the new year on a brighter note. Unfortunately judge Miller’s ruling, in the Free Speech Coalition v. Gonzales case, creates a dark cloud over the adult industry. Last Wednesday, U.S. District Court judge Walker D. Miller issued a ruling on the FSC’s request for injunctive relief from 18 U.S.C. §2257, the federal Recordkeeping and Labeling Act. Initially viewed as a small victory, subsequent legal review concludes Miller’s ruling delivered a damaging blow to the FSC’s case.

While the judge gave the FSC injunctive relief in a couple of areas, its what he did not give that’s cause for great concern. Miller did not agree with the FSC’s arguments on important points of constitutionality. By doing so, Miller’s opinion is that those sections of the lawsuit are not likely to prevail when the case goes to trial.

Of the small victories gained by the FSC, in Miller’s ruling, the issue over secondary producer was most notable. However, this victory is short lived, as new legislation, expected to pass in 2006, will make his ruling on secondary producers moot. Among other things, the new legislation amends 2257 to make secondary producers abide by the same requirements as primary producers.

I fully expect the FSC, and their First Amendment attorneys, to put a positive spin on all of this. After all, there’s nothing to be gained by sending everyone, in the industry, a serious measure of reality.

This has been the most difficult forecast, in the series, for me to write. I’m having mixed feelings on whether or not I should feel optimistic or pessimistic about next year’s legal battles with the Bush administration.

The federal government is like a glacier, it moves very slowly, but when it hits the destruction is absolute. I believe the federal government was just warming up in 2005, with the real assault coming in 2006. However, recent developments give cause for some degree of optimism.

Obviously Judge Millers ruling for injunctive relief, in the 2257 case, gives some reason for optimism. My concern is a lot of people in this industry will view it as a total victory, when in fact, its just on small step in a very long and drawn out process. It’s also important to remember that new legislation is in the wings that will render much, if not all, of Miller’s ruling moot. I’m reasonably confident the new legislation will become law in 2006.

I am encouraged by the ACLU’s involvement in some of the industry’s landmark cases. The Bush administration is going to use great care when it comes to a wrestling match with that six hundred pound gorilla.

Also very encouraging is the recent backlash Bush is experiencing with rights to privacy. Public sentiment is getting a bit ugly toward Bush’s police state mentality, and this might spill over into some legal cases. The most important of those being the Extreme Associates case, argued largely on the issue of rights to privacy. The only chance of that, however, is if the case goes to a jury, a scenario the defense would like to avoid.

I’m going to step out on a limb here by suggesting that the Bush administration’s push toward what looks a lot like Marshal Law, could have an impact on the 2006 election. The American public may decide to voice their intolerance by voting a few people out of office. Even if they do, I’m not convinced it would be enough to change the political landscape.

For what its worth, there is a political influence on the American judicial system that should not be overlooked. While judges cannot be fired for their rulings, carrier paths are most definitely mapped out with each decision they make. Under the current political climate, most judges in this country are not anxious to draw the adult straw. It’s a no-win situation for them. If they rule in favor of free speech and rights to privacy, their career is dead in a conservative administration. If they rule conservative, they will be labeled as such by future liberal administrations.

Finally, we cannot ignore the fact that Bush has stacked the deck at the highest court in the land. Any victories we manage to achieve in 2006 are sure to make their way to the U.S. Supreme Court. Once these cases reach those hallowed halls, my optimism starts to fade.

Los Angeles - (November 18, 2005) – The Association of Sites Advocating Child Protection (ASACP) announced that Brandon Shalton, President of Cydata Services, was the recipient of the ASACP Service Recognition Award during a presentation at the XBiz Awards. Since 2003 Brandon has provided his services, the use of his priority technology and acted as ASACP’s CTO. Brandon customized technology tools like web spidering programs and image processing applications for ASACP. These tools free up the Compliance and Site Review Manager to do more research on valid child pornography sites and facilitate more detailed statistical analysis. His spidering technology verifies that each Approved Member complies with the ASACP Code of Ethics. It is through these tools that that ASACP has the empirical data, which proves that the professional adult entertainment industry is not involved in child pornography (www.asacp.org/press/pr062405.html). “It’s ironic that while the adult industry is being persecuted to be the purveyors of child pornography, the data that ASACP has collected statistically proves that the distribution and access to child pornography occurs on non-adult web hosts, registrars, and billing companies”, said Shalton.