FBI Continues 2257 Inspections

Bethlehem, PA--The FBI conducted it's second 2257 inspection this morning in what now appears to be a methodical nationwide investigation of U.S. porn producers.

JJ Ruch, sole proprietor of Sebastian Sloane Productions, was visited by a squad of four Federal agents earlier this morning at his home office in Bethlehem, PA.

According to Ruch, agents inspected all of his model release forms, copies of model IDs, computers, cameras and even searched his kitchen and living room.

"They arrived in a big black SUV with government license plates, got out of the car and knocked on the door," Ruch told X-Biz online. "Once I opened the door, they moved forward inside and said, 'We'll do the search ourselves.'"

There has been no mention in any reports that the agents showed Ruch a warrant.

"I was a complete nervous wreck," Ruch told Adult Video News. "They were just taking pictures of my model contracts and model IDs. They had a machine that they put the model information in and it tells them whether the model is 18 or not."

During the four and a half hour inspection, agents told Ruch that the FBI has 16 inspection squads who will be investigating adult content producers throughout the nation for the next several months.

"The agents said they've compiled two years worth of research on the adult industry, using Whois and reviewing video-on-demand sites to see whose producing what," Ruch said.

Ruch told both AVN and X-Biz that he passed the inspections.

"I've always kept the books in line just because of the possibility of an investigation like this," Ruch said.

The Universal Declaration Of Human Rights

PREAMBLE

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

For the full text of the document that Eleanor Roosevelt called the "Magna Carta for all mankind," click here.

FBI Begins 2257 Harassment Campaign

Chatsworth, CA--According to a report by Adult Video News, FBI agents visited the offices of Diabolic Video on Monday to check their compliance with the record keeping regulations of Title 18, U.S.C. 2257.

During the first 2257 inspection of an adult company in 11 years, five agents used their own equipment to copy Diabolic records and reportedly took half the day to complete the inspection.

"[One] agent said there are 10 companies on their list and we were the first," Diabolic owner Greg Allen told AVN.

Various sources have been speculating on the reasons for the surprise inspections. Rumors that the new performer "Seduction" began her adult career while she was under age may have prompted authorities to send a message of zero tolerance to adult filmakers.

Others suggest that the sweeps are a reaction to the Free Speech Coalition's lawsuit challenging the constitutionality of the recordkeeping regulations.

The Free Speech Coalition issued a press release today warning all primary producers of adult content to be prepared for inspections of their own. Their underlying message was decidedly ominous and to the point: "Prepare for an ass-fucking and call your lawyer."

Section 2257 is the regulatory code that requires producers of adult content to keep careful records of the ages of all models and actors. Although it is touted as a necessary tool for preventing child pornography, many in the adult industry claim the rules are far too restrictive.

According to a summary of 2257 on the FSC website the regulations impose "burdensome record keeping requirements on expression that is not even imaginably child pornography. Identification information must be gathered and recorded, then cross-indexed four different ways and stored in ways that are in some cases impossible."

Despite the difficulties posed by the code, initial reports indicate that Diabolic passed the inspection without any trouble.

"I'm passing with flying colors," Allan told AVN while the inspection was taking place. "I've dedicated a lot of time and money to this so I think I've taken it more seriously than a lot of people."

And what would you expect? Only a legitimate adult business would even attempt to comply with such Draconian regulations. Child pornographers don't set up shop in suburban neighborhoods, attend industry conventions and advertise their web sites in nationally distributed magazines.

Of course, strict age verification regulations will always be needed, but 2257 is nothing more than government hypocricy at its worst. Authorities are using Title 18 to discriminate against adult businesses in the name of stopping child pornography. But what they really want to do is stamp out sexual expression altogether.

We'll keep you posted as this story develops.

Porn Star Runs For Governor

Nevada--In case you haven't heard, ex-porn star Melody "Mimi Miyagi" Damayo is running for governor of Nevada.

Damayo filed as a Republican candidate in May and despite being excluded from the major opinion polls, she has grabbed her fair share of headlines in the Nevada press.

Whether you want to laugh it off as a juvenile media stunt or dismiss it as a footnote in bubble-gum pop culture, the fact remains that Mimi is running this thing as a legitimate campaign.

"I want everyone to know that I'm here to bring back the roots of the Republican Party: freedom, freedom of speech, freedom to party, free enterprise," Damayo said at a recent campaign funraiser.

Now, wouldn't the world be a better place is we had a porn star or two in public office?

The British are cumming, the British are cumming!

London--Wankers and Tossers unite! On August 5, the San Francisco based Center for Sex and Culture will host the First International Masturbate-a-Thon at Drop Studios in London.

Part fundraiser, part sex education media event, the annual circle jerk has been going strong in the U.S. since 2000. This year's event gathered hundreds of participants to enjoy some communal stroking in San Francisco's SOMA district and boasted the participation of sex-positive porn goddess Nina Hartley.

Participants can compete for prizes by demonstrating their solo-sex athleticism in the categories of "most orgasms" and "longest session." The coveted U.S. record stands at a crotch numbing 8 hours and 30 minutes.

U.K. independent production company Zig Zag is currently filming a documentary of the event scheduled to air on late night British television later this year.

According to the Zig Zag promo blurb "this year it's time to bring the event across the pond to see if the great British public can embrace public masturbation. It's time to find out if the only things allowed to be stiff in Britain are upper lips."

Ah, British humor.

The Center for Sex and Culture is a non-profit sex education organization and refuses to accept any state or federal grant money.

McCowen Enters Not Guilty Plea

Pensacola, Fla--Clinton Raymond McCowen, aka Ray Guhn, has entered of plea of not guilty to obscenity charges filed against he and his associates late last June.

McCowen, Kevin Patrick Stevens and Andrew Craft were arrested by Escambia County sheriffs on charges of obscenity, racketeering and prostitution.

The three men allegedly produced content for the popular hardcore bukkake site CumOnHerFace.com in and around the Pensacola area, paying over 100 local men and women to act as performers. That content has been defined as "obscene" according to Florida community standards.

"This case raises significant constitutional questions regarding application of the obscenity law to the material intended for Internet distribution," said Lawenrce G. Walters, Esq. of Weston, Garrou, DeWitt & Walters, the firm representing McCowen.

One of the most disturbing aspects of the allegations is the prostitution charge. Authorities are claiming that paying people to perform sexual acts for the camera constitutes "prostitution."

"This is a particularly disturbing allegation, and perverts the use of the prostitution statute in a way that allows the government to engage in the censorship of erotic materials," said John H. Weston, senior partner in Weston, Garrou, Dewitt & Walters. "This case represents nothing less than an attempt to eliminate production of sexually explicit materials in the state of Florida."

A similar attempt was made by the state of California in the late 80's when authorities tried to pin prostitution charges on hardcore porn maker Harold Freeman.

In The People v. Freeman, the California Supreme Court called the state's actions "a somewhat transparent attempt to an 'end run' around the First Amendment and the state obscenity laws."

It was found that the California pandering statute did not criminalize the hiring of actors for non-obscene films and the court's judgment effectively legalized hardcore porn in the state.

In any case, it looks like McCowen and his attorneys will have to fight that battle all over again.

"We intend to contest these charges against our client vigorously on every front, constitutional, statutory and factual," said Walters. "We think it clear that this case stems more from hostility toward erotic expression than from any legitimate law enforcement interest."

Inmates Sue For Porno Rights

Indianapolis--Two inmates are suing the Indiana Department of Corrections for instituting a new policy that bars prisoners from receiving or possessing material that contains sexual content.

The policy, which went into affect on July 1, seeks to regulate prisoners access to magazines such as Playboy, Hustler and Easy Rider as well as personal mail and book selections in prison libraries.

Ernest Tope, 53 and Wade Meisberger, 34 who are serving hefty sentences for murder and auto theft respectively, are the leading defendants in the lawsuit which is seeking class action status for over 20,000 inmates.

"The policy is written so broadly that it includes within its prohibitions such things as personal letters between prisoners and loved ones and much of the world's great literature and art," said the complaint filed by the American Civil Liberties Union of Indiana.

Authorities from the Indiana Department of Corrections claim they haven't reviewed the complaint and have not yet offered any public comment.

For more information about how the US prison system well, sucks, check out www.prisonsucks.com.

Phil Harvey Receives Humanitarian Award

St. Louis--Phil Harvey, founder and president of Adam & Eve, was honored with the American Association of Sexuality Educators, Counselors and Therapists annual Humanitarian Award last week.

Lloyd Sinclair, AASECT member and long time colleague of Harvey's, presented the award, citing a long list of his philanthropic contributions that have "promoted reproductive health, family planning and AIDS prevention in some of the world's poorest countries."

"I am proud to be recognized by such a fine and compassionate group of professionals," Harvey said. "It is an honor to be part of your organization."

Harvey founded Adam and Eve in 1970 as mail order condom retailer at a time when shipping contraceptives through the mail was still illegal. The company has since become the world's largest mail order purveyor of adult's only merchandise, and a plentiful source of funds for Harvey's ambitious humanitarian projects.

"I was very taken with the idea that I could sell sexual accoutrements to relatively wealthy American's and use the proceeds to support family planning in developing countries," Harvey said in an article in Mother Jones. "I've taken a great deal of pleasure from the sort of Robin Hood effect that's resulted."

Harvey's non-profit organization, Population Services International, has had notable effects on sexual health in poor countries. In a partnership with the Ethiopian Army, Harvey's group distributes millions of condoms for no more that a penny a piece. In addition, soldiers are required to carry a condom off base which has resulted in an HIV infection rate of only 5%. Other African military forces suffer a rate of up to 40%.

At home, Adam & Eve has made a positive impact by being one of the few adult companies to institute a "sex positive" screening process for all its videos. The company refuses to sell videos and DVDs that depict forced sex or violence towards men or women.

Ralph Ginzburg, First Amendment Champion, Dies

New York--Ralph Ginzburg, publisher of the controversial 1960's erotic art quarterly Eros, died Thursday. The official cause of death was multiple myeloma, a cancer of the bones. He was 76.

The iconoclastic editor and publisher became infamous after being indicted on obscenity charges in 1963.

New York Catholic Priest Morton Hill, a modern-day Anthony Comstock, persuaded then Attorney General Robert Kennedy to have Ginzburg indicted for "sending obscene matter through the mail" and using allegedly "salacious" promotional methods.

The original indictment called for fines of $280,000 and a prison term of 280 years.

Tame by today's standards, Eros was an expensive hardbound quarterly magazine that bravely explored sexuality in history, politics, art and literature. Unable to keep the publication out of the red, Ginzburg abandoned the project after only four issues were published.

Still, Ginzburg was convicted and eventually served eight months of a five year sentence in federal prison.

During his Supreme Court appeal in 1966, it was found that "abundant evidence was introduced that each of the of the publications was originated or sold as stock in trade of the business of pandering, i.e., the purveying of publications openly advertised to appeal to the customers' erotic interest."

Although he felt that the conviction irreparably damaged his subsequent career, Ginzburg never stopped speaking out for the freedom of expression.

"The government cannot stamp out sexual expression," Ginzburg said. "It's like trying to stamp out the instinct for life itself."

EFF Turns Sweet Sixteen

San Francisco--In March 1990, when the Internet was just a whisper on the lips of geeks and dungeon masters, the Secret Service raided the offices of Texas game board maker Steve Jackson. Searching for copies of an illegal document authorities feared could cripple the nation's 911 emergency system, agents seized all of Jackson's electronic equipment and files containing a book he was about to publish. They had no idea who they were fucking with.

After finding no trace of what was called the E911 document, the agency returned Jackson's property. To his dismay, Jackson discovered that Secret Service agents had accessed, read and deleted all of his computer files including private employee and customer e-mails.

Steve Jackson Games was all but in ruins. He had had to lay off many of his employees and the deadline for his book publishing deal had come and gone.

Certain that his civil rights had been violated, Jackson turned to Mitch Kapor, John Barlow and John Gilmore, online pioneers who were already keeping a close watch on civil liberties and new technologies.

And so, sixteen years ago this Monday, the Electronic Frontier Foundation was born.

The group filed a lawsuit against the Secret Service and eventually won. The court determined that the government had no business reading private e-mails and gave e-mails the same privacy protection as telephone calls.

For the past sixteen years, the EFF has continued to tirelessly defend our civil rights in the sphere of online technology.

Their latest lawsuit accuses AT&T of cooperating with the National Security Agency in providing access to American's telephone and Internet communications without legal authority. Last month the EFF filed an amicus brief arguing that the government needs a warrant to collect the content of a telephone call.

"We have shown that AT&T is diverting traffic wholesale to the NSA," said EFF staff attorney Kurt Opsahl. "It is not a secret, and [there] is no reason to deny AT&T customers the opportunity to show the court that this dragnet surveillance program violates the law and their privacy rights."

"It is quite possibly the most important privacy and free speech issue in the 21st century," said EFF attorney Kevin Bankston. "We are trying to force the government to follow the law. We are trying to force the phone company to follow the law."

The EFF & Pornography

As I said in the very first PornTribe post back in March, the reason for treating pornography as protected speech is not just because it's so damn great to watch, but because it keeps the censors at bay when it comes to more "important" forms of political and social dissent.

The folks at the Electronic Frontier Foundation appear to agree.

In the mid-nineties a barrage of censorious legislation made its way through congress.

The Communications Decency Act (CDA) of 1996 instituted severe criminal penalties for publishing obscene content online; content that the government had no legal authority to prohibit offline.

The EFF, along with the American Civil Liberties Union and other civil rights groups, sued to block the enforcement of the CDA which led to the Supreme Court ruling the law unconstitutional in 1997.

In 1998 Congress passed the Child Online Protection Act (COPA) which provided severe criminal penalties for the "commercial" distribution of "material harmful to minors."

Again, the EFF and the ACLU rallied together, this time filing a lawsuit challenging the constitutionality of the law. According to their website, the EFF focused their case on the vague language of the law. They also claimed that it attempted to force adults to give up their right to read what they chose and allow the most conservative jurisdiction in the country to set the "decency" standards for all Web content nationally.

The case went all the way to the Supreme Court (Ashcroft v. ACLU), which eventually found COPA unconstitutional.

In the Court's opinion:

"Content-based prohibitions, enforced by severe criminal penalties, have the constant potential to be a repressive force in the lives and thoughts of a free people. To guard against that threat the Constitution demands that content-based restrictions on speech be presumed invalid, and that the Government bear the burden of showing their constitutionality."

Right fucking on! Good job, guys and Happy Birthday!

The EFF is a non-profit advocacy group based in San Francisco. They rely heavily on individual donations to continue their great work. If you'd like to donate or get involved, click on the first EFF link above. Or, if that's too much to ask, then this one.

Illegal Porn Business Booming In Australia

SYDNEY, Australia--According to an article in Australia's Sunday Age, the production and consumption of illegal and unclassified pornography is on the rise Down Under.

The investigative report estimated Australia's annual trade in illegal X-rated DVDs to be in the range of $300 million.

Although pornography is legal in most states, distributors are required to submit titles to official censors who classify each video and determine whether or not the item could be deemed obscene. (I don't mean to be trite, but how do I get that job?)

According to the report, criminal gangs are responsible for flooding the market with unregulated smut, some of which depicts images of rape, incest and underage sex. One catalog from a retailer in the Northern Territory promises "depraved content."

Federal Attorney General Philip Ruddock expressed concern at the relaxed attitude that many state governments were taking toward illegal and unclassified material.

"When the law specifically provides that material ought to be presented for classification, and it's not, the it is beyond doubt that people distributing that material are committing offenses," Ruddock said.

Why should we pay attention to stories like this, you ask? Well, for one thing, it illustrates the point that no matter how much a society tries to regulate sexuality it will always find a way to express itself. In fact, the more taboos we impose on sex, the uglier and more depraved that expression tends to become.

Ark. Governor Wants Gay Foster Parent Ban

Little Rock, Ark.--The state Supreme Court struck down a ban on gay foster parents on Thursday but Republican Governor Mike Huckabee won't let it rest.

"I'm very disappointed that the court seems more interested in what's good for gay couples than what's good for children needing foster care," Huckabee said of the Court's decision.

The Court found that the state's testimony demonstrated that "the driving force behind the adoption of the regulations was not to promote the health, safety and welfare of foster children but rather based upon the board's views of morality and its bias against homosexuals." Also, the Court said that being raised by gays doesn't cause academic problems or gender identity issues.

Before you go all warm and fuzzy, realize that Thursday's ruling leaves open the possibility of enforcing the ban by making it law.

Making matters worse, both prospective gubanatorial candidates (Rep. Asa Hutchinson and Dem. Mike Beebe) for the 2008 Ark. Governor's race oppose allowing homosexuals to be foster parents.

For more on this story check out the AP article in the NY Times.

In the mean time: keep reading, keep writing, keep fighting.