Porn-secution

The Bush administration has a new weapon in its war on porn: stalkers

The new regulations fail to account for child pornography exchanged privately among pedophiles, the most commonly documented method of distribution. Media reports about child-pornography rings refer almost exclusively to private, non-commercial trading—not pay sites. Online sales of all explicit materials require the user and seller to sacrifice anonymity when making and receiving payments, a fact that inhibits both the demand and production of commercially available child porn. From a purely business perspective, the legal liability of receiving documented payment for illegal materials is a built-in disincentive for supplying it.

The law may be misdirected in its effort to combat child pornography, but many in the adult industry believe that’s not really the law’s intent anyway.

“Any time the government or a senator or someone from the House wants to introduce a bill that attacks the adult industry, they always frame it as protecting children,” Hymes says. “It’s a slam-dunk, and all the bills are presented that way, as an attempt to either protect children or combat child pornography.”

The FSC filed a complaint in June in the 10th U.S. Circuit Court of Appeals, asserting that the regulations encroach upon the free-speech rights of adult producers by subjecting them to excessively burdensome recordkeeping. The court awarded the FSC temporary injunctive relief pending an unscheduled hearing on the constitutionality of the amended rule.

Burke is optimistic about the possible outcome. “It’s scary. They’re trying to scare people out of this business,” she says. “But there are just too many people out there doing the same thing I’m doing. The industry is not just going to go away.”

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