May 18, 2013

Diplomats: Mideast nuke talks called off

 Diplomats: Mideast nuke talks called off
(Photo: Seth Wenig, AP)
Story Highlights

The meeting was to be held in Helsinki, Finland, by year’s end
Talks on since being agreed to in 2010
Decision to postpone, if not to scrap, will cast doubt on the significance of the NPT

VIENNA (AP) — Attempts to find Arab-Israeli on banning weapons of mass destruction from the have failed, and high-profile talks on the issue have been called off, said Saturday.

The two diplomats said the United States, one of the organizers, would likely make a soon saying that with tensions in the region remaining high, “time is not opportune” for such a gathering. The diplomats spoke on condition of because they were not authorized to divulge the cancellation ahead of the .

The meeting — to be held in Helsinki, Finland, by year’s end — was on shaky ground since it was agreed to in 2010 by the 189 of the Nuclear Nonproliferation Treaty. Its key sponsors were the U.S., Russia and Britain, but they said such as meeting was only possible if all countries — especially Israel —agreed to attend.

The decision to postpone, if not to scrap it, will cast doubt on the significance of the NPT and its attempts every five years to advance nonproliferation. Any new attempt is unlikely until the NPT conference meets again in 2015.

Hopes for such a meeting were alive as recently as Tuesday, when Iran joined Arab nations in saying that it planned to attend, leaving Israel as the only undecided country. ’s announcement came at a on a Mideast nuclear-free zone also attended by Israel and the , and described as largely free of . But the two diplomats said the decision to call off the Helsinki meeting had already been made by the time Iran declared Tuesday that it would attend.

But a decision to give up on staging such a gathering after it was approved by the NPT is more than a reflection of Mideast realities. It also is bound to weaken efforts at future NPT conferences to reconcile clashing visions of disarmament and nonproliferation efforts.

Daryl Kimball, head of the Washington-based Arms Control Association, warned that “an indefinite cancellation of the long-awaited conference on a Middle Eastern WMD-free zone will only worsen the proliferation risks in the future and undermine the nuclear Nonproliferation Treaty.”

Iran, the Arab nations and most other developing countries say the emphasis should on the U.S. and other nuclear-armed states that are NPT members to disarm. Such nations also castigate the West for supporting Israel and its widely suspected nuclear weapons program. Washington and its allies say Iran, North Korea and Syria are the greatest proliferation threats, even though Tehran and Damascus deny allegations of secret nuclear activities linked to weapons.

The Arab proposal to create a weapons-of-mass-destruction-free zone in the Mideast and to pressure Israel to give up its undeclared arsenal of perhaps 80 nuclear warheads, was endorsed by the 1995 Nuclear Nonproliferation Treaty conference but never acted on. The conference meets every five years.

The two diplomats who spoke Saturday are from nations that were invited to the Helsinki meeting, which was to be open to all NPT-member nations. The diplomats also are from member nations of the Vienna-based International Atomic Energy Agency.

While Syria’s civil war, nuclear tensions with Iran and other Mideast frictions will be cited as the official reason for the cancellation, one of the diplomats acknowledged that the decision is mainly being taken because Israel has decided not to attend. The diplomat — from a Western nation sympathetic to Israel— said Arabs countries have refused to budge from positions that made it impossible for the Jewish state to participate.

Israel has long said that a full Arab-Israeli peace plan must precede any creation of a Mideast zone free of weapons of mass destruction. The region’s Muslim neighbors in turn have asserted that Israel’s undeclared nuclear arsenal presents the greatest threat to peace in the region. They insist that Israel declare its arsenal and join the NPT as part of any peace talks.

The diplomat said that while the announcement that the Helsinki meeting has been canceled might be made in the name of all three co-sponsors — the U.S, Russia and Britain — it would likely be delivered only by the United States, reflecting tensions between Moscow and Washington on the issue. He said the Russians have opposed declaring the meeting dead at this point.

Analysis: Some investors open to higher tax to trim deficit

2da622620ee8b8778d2f823a6e329eca Analysis: Some investors open to higher tax to trim deficit

(Reuters) – Nobody likes taxes, and much of Wall Street has poured money into Mitt Romney campaign coffers to avoid paying higher ones.

Yet a surprising number of top money managers say they are willing to pay modestly higher rates. They reason that revenue-raising measures are an essential complement to the spending cuts they say are needed to curb the massive U.S. .

“It’s kind of like taking a distasteful medicine. On the way down, it may not be pleasant,” said Ron Florance, who helps manage assets worth $169 billion at Private Bank. “But in the end, it contributes to longer-term health, and that’s what we’re looking for at this point.”

In recent weeks, CEO Lloyd Blankfein and JPMorgan’s Jamie Dimon became the latest Wall Street heavyweights to say they would be willing to pay more in exchange for a deal to balance the country’.

in the world of finance and investing says higher taxes, particularly in today’s fragile , would stifle wealth creation, suppress hiring and condemn the economy to an extended stretch of slow growth.

like Lee Cooperman and private equity heads such as Stephen Schwarzman have been especially vocal critics of President , accusing him of inciting . Obama wants to let Bush-era tax cuts on income, capital gains and dividends expire for households earning more than $250,000.

Romney advocates cutting taxes by 20 percent and broadening the tax base by closing loopholes, though he’s offered few details. The financial services industry had contributed some $16 million to Romney through October, compared with $4 million for Obama, according to the nonprofit .

Yet many who manage money for investors with at least $1 million in assets said in recent conversations they do not believe a modest rise in taxes on high- would upend the economy, markets or individual portfolios.

“It only really impacts the higher income taxpayer,” said Joseph Balestrino, who helps oversee $360 billion in assets at Federated Investment Management. “They won’t like it, but they’re not going to be worried about putting food on the table, and I don’t think it will significantly alter their spending patterns.”

Some said raising taxes might even be a much-needed first step toward deficit reduction. Congress has been too bitterly divided to compromise on a long-term fiscal repair plan.

“My belief is the positive benefits of dealing with the long-term deficit problem would well outweigh any negative consequences of higher taxes,” said Jim McDonald, chief investment strategist at Northern Trust, which runs assets worth $704 billion.

SIMPLE MATH

The U.S. deficit in 2012 will top $1 trillion for a fourth straight year, pushing the national debt past $16 trillion. While the United States currently borrows at record low interest rates, investors worry this will change.

“We must stabilize, then reduce the national debt, or we could spend $1 trillion a year in interest alone by 2020,” warned the authors of a 2010 Congressional committee’s deficit-reduction plan known as Simpson-Bowles. Neither Obama nor Romney has embraced the plan in its entirety.

The issue will come to a head even before the winner of the November 6 election is sworn in. In January, $500 billion of Bush-era tax cuts for all earners will expire and about $100 billion of automatic spending cuts will kick in.

Markets expect Congress will avoid letting all of this happen at once for fear it would plunge a fragile economy back into recession. But many say they want lawmakers to draft a long-term plan to reduce the deficit gradually over time.

“It has to be a balancing act,” Balestrino said. “You’re not going to just cut taxes like Romney wants to do or just increase spending like Obama seems to want to do.”

Most investors agree long-term deficit reduction would require painful spending cuts, including for programs such as Social Security and Medicare struggling to keep up with an aging population.

But many also say taxes should be on the table too, especially for top earners whose effective tax rates are at the lowest level in decades.

According to the nonpartisan Tax Policy Center, federal tax revenue in 2010 fell to levels not seen since shortly after World War II, the result of slow growth and the sweeping but temporary tax cuts passed when George W. Bush was president.

“Simple math says the U.S. government will have to increase revenues to make a dent in the deficit,” strategists at BlackRock, a giant in the U.S. investment world with $3.68 trillion in assets, said in a recent note to clients.

Bill Stone, who helps manage $110 billion as chief investment strategist at PNC Wealth Management, said the debt crises in Greece and other European countries have opened some of his clients’ eyes to the danger of unchecked deficits.

“I get the sense that people think there should be some degree of shared sacrifice to close the fiscal gap,” he said

Mark Lamkin, head of Louisville, Kentucky-based Lamkin Wealth Management, said most of his clients — small business owners and retirees with up to $5 million in investable assets — would accept higher rates, too, even though he says the majority intend to vote for Romney over Obama on November 6.

“From an investment standpoint, you always hate to see higher taxes. I’m a low-tax guy but I would be happy with a modest tax increase in exchange for cuts in spending and a move toward fiscal sanity,” he said.

Obama claims letting Bush-era tax cuts for the wealthy expire would raise $850 billion over 10 years. Top marginal income tax rates would rise to 39.6 percent and 36 percent, where they stood under Bill Clinton, from 35 and 33 percent. Capital gains taxes would rise to 20 percent from 15 percent for the top two income brackets.

DEALING WITH DIVIDENDS

One ticklish area involves taxes on dividends, which would revert from 15 percent to at least 40 percent if the Bush tax cuts expire.

Andy Busch, global currency and public policy strategist at BMO Capital Markets, said that would be “highly disruptive” for the stock market at a time when record low interest rates have driven investors toward dividend stocks to generate return.

Higher dividend taxes were less disruptive in the 1990s, he said, when higher interest rates and a strong economy made growth stocks more attractive.

Wells Fargo’s Florance said such a large jump would “change the way companies reward investors who have put faith in those companies. It’s a big deal.”

But some investors said record-low bond yields will keep dividends in vogue even at higher tax rates. And many said they expect a compromise that pushes the rate up to 20 to 25 percent rather than 40 percent.

That would keep dividend-paying stocks “attractive to those in the highest income brackets,” BlackRock strategists said.

Jeffrey Gundlach, chief executive officer at DoubleLine Capital, which oversees $41 billion, said he expects taxes to rise but adds the focus on what rate the rich pay is too narrow and by itself would do very little to reduce the deficit.

A more credible approach, he said, would also include painful benefit cuts and overhauling a tax code filled with more than 100 credits and deductions. Some, such as those for mortgage interest and charitable donations, are very popular.

“People are attracted to the idea of a more just code without so many tax breaks, but of course, it’s only attractive until you learn your breaks are the ones getting discontinued,” PNC’s Stone said.

Both Obama and Romney say they support an overhaul but have been vague about the crucial details.

Gundlach also said lawmakers should at least consider raising corporate taxes.

Obama and Romney want to cut corporate taxes, which the Tax Policy Center said accounted for 1.3 percent of gross domestic product in 2010, down from 5 percent to 6 percent in 1950.

“I’m not necessarily advocating we do this, but let’s at least talk honestly about what the situation is,” Gundlach said.

(Editing by David Gaffen and David Gregorio)

Sexting Presents New Challenges for Regulators, Porn Sites

4f3e3548e60bde1d72ae748092f0114f Sexting Presents New Challenges for Regulators, Porn Sites

ALLENTOWN, Pa. — As more and more kids engage in sexting, which is the act of emailing or posting their online, authorities and are facing a new set of challenges.

Authorities are trying to balance the kids’ 1st Amendment rights with child porn laws. Just this week, Lehigh James Martin opened an investigation into a porn site where racey underage images of local Pennsylvania were posted.

“We recognize that there has been a great deal of interest in what already has been reported regarding a potential case of sexting and images on a website,” Martin said.

attorney Larry Walters told XBIZ that 20 percent of high school kids admit to some form of sexting. That means many more are actually participating, but will not admit it in a survey due to legal concerns. He said some of these kids have been prosecuted and jailed for child pornography charges and end up as registered sex offenders.

“Existing child pornography laws fail to recognize the changes in technology that have occurred in the past decade,” Walters said.

“The lawmakers never anticipated that a ‘child’ would be voluntarily producing and transmitting the child pornography. These devastating punishments meted out against teenagers have turned a of the young population against authority, and against law enforcement that is supposed to be there to protect them. We have turned laws that are designed to protect kids into a weapon against them.”

In most states, Walters said, sexting by people under 18 can result in prosecution for child pornography offenses, and sex offender registration, if convicted. In some states, like Florida, the law has changed, and sexting is a misdemeanor, or a civil infraction resulting in a fine and community service.

“There should be some consequence associated with sexting, to discourage the activity by teenagers, but prosecution under child pornography laws is overkill,” Walters said.

When it comes to the adult sites, Walters said the biggest concern for webmasters is the appearance of teen sexting images on user-generated content sites.

“Given the vast amount of amateur erotic imagery being produced in modern times, it is extremely difficult to weed out underage material from user-generated content sites,” Walters said.

“This is particularly true if the operator is not obtaining 18 U.S.C. §2257 records relating to the content posted on the sites. So the best way to avoid this problem is to obtain age documentation associated with any erotic imagery, even if the website’s business model is technically exempted by Section 2257 regulations. Otherwise, the webmaster takes a chance that underage material may appear on the site, which can result in serious civil and criminal consequences.”

Apache Addresses DoS Attacks

e27c342b43253b5a2fa1bb0ef2a14515 Apache Addresses DoS Attacks

LOS ANGELES — Responding to a serious security threat, Apache has issued a warning and an update to its server software that affected webmasters should consider.

The Apache Software Foundation and the Apache HTTP Server Project have released version 2.2.20 of the popular Apache HTTP Server software in an attempt to mitigate a recent wave of denial-of-service (DoS) attacks, which have reportedly been facilitated by the onslaught of the so-called “Apache Killer” hacking tool.

According to its publisher, the latest version of Apache is principally a security and bug fix release. It addresses the handling of byte-range requests associated with the Range and Range-Request headers, in order to consume less memory resources in an effort to fight advanced DoS attacks. For example, Apache reps note that if the total of all ranges in a request is larger than the original file, Apache 2.2.20 will ignore the ranges and send the complete file.

Apache reportedly powers more than 65 percent of all web servers, including the majority of , making security issues a widespread concern — and perhaps especially so for Apple computing fans, as the company includes Apache with Mac OS X — but handles its own software updates, forcing Mac-based server operators to wait for Apple to release its next operating system update.

“We consider this release to be the best version of Apache available, and encourage users of all prior versions to upgrade,” an Apache spokesperson stated.

Sophos’ “Naked Security” columnist, senior security advisor Chester Wisniewski, applauded the Apache team for so quickly testing and releasing this important security.

“Unfortunately, as we see all too frequently, many Linux and Unix administrators ‘set and forget’ their installations and never bother to look after their servers,” Wisniewski wrote. “Now it is up to you, the IT administrators who are using Apache, to follow through and apply these fixes.”

Webmasters should download the Apache HTTP Server 2.2.20 files from the official repository at http://httpd.apache.org/download.cgi, or contact their web hosting company to ensure that their sites are currently running this latest version of Apache.

Manwin Responds to AHF Allegations

5a179a371fea4a2b51ea19e52263f2fc Manwin Responds to AHF Allegations

LOS ANGELES — Manwin, parent company of Brazzers, on Thursday responded to statements made by the AIDS Healthcare Foundation (AHF) during a press conference Wednesday when the organization announced it had filed complaints with state and federal health officials against the company for its alleged involvement with a possible HIV positive performer.

AHF President Michael Weinstein said Wednesday during a media teleconference that his organization has filed a “sanitary nuisance” health complaint with the Florida Department of Health, and a similar letter of complaint with federal OSHA officials against Brazzers.

He said AHF was making the filings because a possible HIV-positive, male performer may have worked on the company’s shoot, according to AHF’s own information gathering.

An AHF press release stated that Brazzers “was widely reported as the company where the infected performer was allegedly employed. Industry sources say the male performer involved had worked directly — and without condoms — with as many as a dozen female performers.”

Manwin issued a statement Thursday saying those accusations are false and further demanded an “immediate retraction” by the AHF.

The Montreal-based Manwin’s official statement follows:

“Manwin and some of its online properties have recently been falsely accused by AIDS Healthcare Foundation as well as by other organizations in relation to possible HIV exposure of an performer. The AHF statement is an unacceptable attempt to undermine the reputation of our producers through the publication of false information.

“Our attorneys have sent the AHF a formal request demanding an immediate retraction.”

The statement continues: “Manwin and its affiliated producers wish to reiterate that we take industry performers’ health and safety very serious and as such, we have at all times operated our business in strict compliance with all applicable state and federal laws. Consequently, all of our adult online properties and their producers have accurately and meticulously followed best and standard industry practices when it comes to testing our performers.

“Manwin and its producers have never attempted to hide any information or mislead anyone concerning the nature of the incident. We have acted as diligently as possible in a transparent manner in order to avoid and to mitigate any potential damages of any nature for our performers specifically and for the industry as a whole in accordance with the advice of our counsel.

“More specifically, at no time did ‘Patient A’ perform or provide any services for any of our producers after any test results were disclosed reflecting even the possibility of HIV exposure or infection. This fact is well documented and proves that the industry testing process works precisely as it should.

“In addition, ‘Performer A’ has never worked for Brazzers.com. The performer in question has worked for a separate website known as Mofos.com.”

Manwin concluded its statement as such: “To this extent, statements to the contrary are inaccurate and possibly defamatory. We are currently waiting for a final and clear result on whether or not ‘Patient A’ has tested positive for HIV. This process and its corresponding privacy implications means that we cannot comment further until the full results have been legally transmitted and disclosed.

“Until then, we cannot and will not tolerate any further malicious, unverified, inaccurate or misleading statements published by anyone. In addition, we will not further comment on the sanitary nuisance health complaint with the Florida Department of Health and a similar letter of complaint with federal OSHA officials until we have had the opportunity to review the content of these documents and their implications.”

The Free Speech Coalition also said Wednesday it had been falsely accused by AHF of obstructing a medical investigation by the Los Angeles County Public Health regarding the same possible HIV case. In addition, FSC said AHF had falsely accused it of withholding information from public health authorities and demanded a retraction of both statements.

FSC Responds to AHF’s Accusations

c0fcbc20b7c2669198749259d2386bde FSC Responds to AHFs Accusations

LOS ANGELES — The Free Speech Coalition said Wednesday it has been falsely accused by AIDS Healthcare Foundation (AHF) of obstructing a medical investigation by the Los Angeles County Public Health (LACPH) regarding the possible HIV exposure of an performer.

FSC, the adult industry trade association, said “this accusation is completely false and that is appallingly irresponsible for AHF to accuse any adult industry members of wrong-doing without any basis in actual fact.”

AHF President Michael Weinstein made the statements Wednesday during an AHF press conference in which the organization announced the filing of a “sanitary nuisance” health complaint with the Florida Department of Health, and a similar letter of complaint with federal OSHA officials against Brazzers. AHF said it was making the filings because a possible HIV positive performer may have worked on the company’s shoot.

Weinstein said that Brazzers is thought to be the production company for which the infected performer was working in Florida based on AHF’s own information gathering.

A Brazzers representative was not available for comment at post time.

FSC said that during the press conference Weinstein also falsely accused FSC of withholding information from public health authorities. FSC said it has received no contact from LACPH, out-of-state health officials, or AHF.

“This is another prime example of AHF and its President Michael Weinstein’s outrageous grandstanding, which is completely false and baseless,” FSC Executive Director Diane Duke said. “AHF has a history of spreading misinformation in order to further their agenda to force government regulation of sexual behavior. Apparently, Mr. Weinstein will stop at nothing, including spreading false information, in order to call attention to AHF’s agenda.”

The FSC early Monday asked for a moratorium on porn productions after reports indicated that an active performer may have tested positive for HIV.

The FSC, as well as its performer testing unit, Adult Production Health & Safety Services Program (APHSS.org), said that a moratorium should be “instituted immediately and continued for a time period until the primary reports are confirmed” as well as possible first- and second-generation exposures identified.

That moratorium so far has been observed by the vast majority of adult producers.

FSC said that to its knowledge, there is no investigation being conducted by LACPH at this time.

“It is impossible for FSC to obstruct an investigation that, evidently, does not exist,” the FSC said in a statement. “In the event that FSC were to be contacted by authorities from LACPH or elswehere, it would endeavor to cooperate fully, while still protecting the rights of any individuals to medical privacy.

“It should also be made clear that at this time FSC does not have authorized information confirming that a performer or any performers have tested positive for HIV. However, after reports received on Saturday were corroborated by various sources, there was enough serious concern regarding the possible infection for FSC to call a moratorium on production.”

The statement continued, “It also should be noted that the possible infection took place outside of California, and there is nothing to suggest that the Los Angeles adult production industry has been affected by any possible infections. However, adult production companies in Los Angeles have voluntarily agreed to the moratorium in order to eliminate the potential for exposure.

“Also, the possible exposure and subsequent events took place outside of the APHSS.org database program and therefore, outside of the authority of FSC to implement industry exposure protocols. However, FSC has reached out to concerned parties and is providing assistance.”

FSC said the APHSS.org database program was developed in order to fill the gap left by the closure of Adult Industry Medical Healthcare (AIM) that, since 1998, had been the primary testing facility for adult performers before its closure in May.

APHSS.org was launched on Aug. 1 and still in the process of organizing producers, agents and performers for participation in the program, FSC said.

“AHF’s campaign for mandatory condoms has done nothing but create controversy and, with the closure of AIM, has deprived the adult industry of an important health and safety resource,” Duke continued. “The industry has successfully self-regulated since 1998, due to AIM and the cooperation of the content production industry nationwide. However, without a similar system in place, the issue of industry protocols not being followed by separate testing facilities presents substantial difficulties for maintaining health and safety standards.”

FSC said it also has consulted with legal advisers in order to issue “a demand for an immediate retraction from AHF.”

Weinstein, who was joined by Brian Chase, AIDS Healthcare Foundation assistant general counsel on the teleconference, said he made the announcement in an effort to “smoke out the facts” about the situation.

“We want L.A. County to immediately demand any information [the Free Speech Coalition] might be withholding and we renew our call on the City of Los Angeles to immediately stop issuing new permits,” Weinstein said.

ExoClick Taps Wizzo to Lead Sales Team in North America

91043cf62562660bee2e6fa5fa72e15b ExoClick Taps Wizzo to Lead Sales Team in North America

BARCELONA — The ad network ExoClick.com and CEO Benjamin Fonze have announced the addition of adult web veteran Jimmy Foreman, aka Wizzo, who has joined the company to strengthen sales and support their North American clients.

“I’m glad to be joining such a solid company and team as ExoClick, their proprietary in house ad network is great platform for both advertisers and publishers,” Foreman told XBIZ. “So my goal is to help our clients get the most out of our network and help grow their business. Unlike some networks we really want to work closely with our clients to have them achieve success and get the most from our platform. The growth over last two years this company has experienced I think clearly shows that they are on the right track for the future in this ever changing market.”

As senior sales manager, Foreman will be the face of ExoClick.com in North America, providing sales and marketing communication, account development and management to both publisher and advertiser clients.

Foreman brings 14-plus years of experience working in adult internet industry to the position. He also will help bridge the gap between clients in North America and the support team in Barcelona.

“Jimmy is a great asset for our company,” ExoClick COO Geoffrey Bonnechere said. “He has an extensive experience of the U.S. market and he is well trusted in the industry. I’m confident that Jimmy will strengthen ExoClick’s leadership.”

Exoclick.com, one of the web’s largest adult ad networks, serves more than 1.2 billion ad views a day and offers a cutting-edge, proprietary platform to maximize traffic and profits for both publishers and advertisers.

“I’m excited for this opportunity to work with such a solid group of people that have built one of the leading ad networks in the world,” Foreman said. “The last couple of years has been tough for the industry, and the economy as a whole, so I think it says a lot for company to have such solid growth over this time and look forward to contributing to its future success.”

Contact Foreman at Hidden Email Address.

Adult Performer May be HIV+; FSC Calls for Halt to Production

78894cbd9d2b5012234b2c92bcf6e62e Adult Performer May be HIV+; FSC Calls for Halt to Production

CANOGA PARK, Calif.—AVN has learned that an adult performer who has performed recently may have tested positive for the HIV virus. However, while the initial information AVN received has since been corroborated by additional sources, according to the information we have at this time the actual health status of the performer in question has not yet been verified. Accordingly, AVN will wait until the current reports have been confirmed before providing additional details regarding this situation.

Meanwhile, the Free Speech Coalition, which is aware of the reported infection, has issued a statement that among other recommendations calls on studios to implement an immediate halt to production until the reports are investigated and first- and second-generation exposures have been identified, and possibly for longer.

The FSC statement is, as follows:

Free Speech Coalition (FSC), as administrators of the Adult Production Health & Safety Services Program (APHSS.org), would like to address recent reports that an active performer may have tested positive for HIV.

FSC was made aware of the purported incident on Saturday by a reliable industry source. Most importantly, FSC would like to make clear that these reports were not involving APHSS.org testing facilities. This fact has limited the information gathered by FSC/APHSS.org and we can neither deny nor confirm specific facts about this incident. Due to legal issues concerning patient privacy, FSC/APHSS.org, as of yet, is unable to implement exposure protocols and procedures.

It is the recommendation of FSC/APHSS.org that an industry-wide moratorium on production be instituted immediately and continued for a time period until the primary reports are confirmed, and possible first- and second-generation exposures have been identified. The quarantine can be extended after that point, if necessary.

According to the information that is available, the performer in question may have tested positive for HIV at a testing facility that does not appear to have protocols or procedures in place for medical follow-up (including generational testing).

However, FSC/APPSS.org cannot act on the behalf of any testing facilities outside the APHSS.org system until we are requested to do so by the performer or any medical advisor authorized by the performer. Again, we have been in contact with concerned parties and have offered to assist them in anyway possible, while still remaining compliant with the performer’s wishes for assistance, in respect to legal constraints that require that the performer’s privacy be protected, as well as other compliance issues.

In addition to the moratorium on production, FSC/APHSS.org also recommends that active performers who are concerned about possible exposure (or who would like to take extra precautions to confirm their own well-being) consider being tested as soon as possible.

FSC/APHSS.org also recommends that industry members avoid spreading unverified information until the involved parties are able to confirm developments, or until information is received from an appropriate medical authority.

We are committed to assisting any industry members who have concerns involving this incident. If you have questions, please contact Hidden Email Address or Hidden Email Address.

Because this situation has occurred outside of the APHSS.org database program, we are limited with respect to any available information until we are informed of details or allowed to assist in implementing industry protocols.

APHSS.org was launched on August 1, two months after the AIM clinic closed due to financial hardship and issues involving litigation that targeted the clinic. As such, FSC/APHSS.org is committed to protecting performer privacy and also to uphold regulations governing compliance with state and federal standards for medical privacy.

The APHSS.org database program was developed by legal and medical experts, as well as industry stakeholders, in order to fill the gap created by the closure of AIM. The program not only offers reliable testing facilities to the adult production community, but also upholds the standards and protocols regarding possible exposure incidents. We strongly encourage all performers, producers and agents to support this program. Our first priority is to protect performers with reliable health services and assist producers with protocols that minimize liability, while remaining compliant with state and federal regulations regarding medical privacy.

For more information on APHSS.org, please contact Hidden Email Address or (818) 348-9373.

Private Files Default Judgment Motion Against XHamster

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CEDAR RAPIDS, Iowa — Execs at Private Media Group, which this week filed a motion for default judgment against the operators of tube site XHamster, already are predicting another copyright infringement victory.

So far this year, the adult entertainment company, through its Fraserside IP division, has waged nine copyright suits against tubes sites and has settled for payouts in four of the cases.

But a victory against XHamster, which is accused of streaming 73 of Private’s videos, would be huge — the tube site’s pages are said to be viewed 65 million times a day, taking in $1 million in revenue per month. The site alone is said to be worth $20 million.

Private, in the suit, has asked for at least $10.8 million in damages and wants to take over the website, prompting company officials to look forward in the event of a win.

“We’ve even started to entertain offers for the site,” Private spokesman Jason Tucker told XBIZ.

Private in its suit filed against Westchester, Calif.-based Whoisguard, which protects online identities through its service, as the “doing business as” entity for XHamster. (Whoisguard’s service agreement is narrowly tailored and limits its liability, indemnifying them from client risks.)

Private said that the defendants were served properly and have not responded to the suit.

But attorney Val Gurvits, who was retained by XHamster and represents defendant Youngtek in another Private copyright suit, said that Private is suing the wrong party and that XHamster operators haven’t yet been properly served.

“Fraserside is suing the wrong party — they named Whoisguard as the defendant,” Gurvits told XBIZ. “XHamster has no connection with Whoisguard. We brought this to Fraserside’s attention and requested them to amend their complaint to properly name XHamster. They have thus far ignored our request.”

Attorney Chad Belville, meanwhile, wrote in his motion as Private’s counsel that XHamster is just playing a “shell game” and that he’s properly following court rules, including court-imposed deadlines for service of process.

“Defendant has tried to play a shell game by naming a third party as the registered and responsible owner of the domain,” Belville said in Private’s motion for default judgment. “Under ICANN rules, the registered owner of a domain is responsible for the domain.

“Plaintiff has followed the rules of court and the rules of ICANN by naming and serving the registered owner of the domain where copyright and trademark infringing material is being voluminously published to the world.

“Defendant, with full knowledge of this action and retaining counsel, has failed to respond to the summons in any way until default was imminent.”

XHamster, according to the suit filed at U.S. District Court in Cedar Rapids, Iowa, has been streaming poached Private content — at least 73 videos, including “Dominatrix Chess Gambit,” “Billionaire” and “Uranus Experiment 3,” among scores of other titles.

A judge will soon rule on Private’s brief in support of a motion for default judgment.

FSC’s Duke: IFFOR … Don’t Kid Yourself

884e1471d01a5582ccf4563c151db209 FSCs Duke: IFFOR … Don’t Kid Yourself

CANOGA PARK, Calif. — In his July 8, 2010, post on XBIZ.net, ICM Registry Chairman and CEO Stuart Lawley posted, “IFFOR will be tasked with setting policies for .XXX. Details can be found here. This is an independent entity from ICM and will be funded through contract with ICM to the tune of $10 per registration per year.”

Let’s explore how “independent” IFFOR is from ICM.

According to its bylaws, IFFOR’s Board of Directors will “have one or more members, the number thereof to be determined from time to time by resolution of the Board of Directors.” The Bylaws go on to state, “The Board of Directors will initially consist of the person named as director in the certificate of incorporation or elected by the incorporator of the corporation.” That person is Stuart Lawley. The bylaws also ensure that ICM will have a standing position on the board that cannot be removed by a vote of the other Board members. The bylaws also state that the ICM representative is ex-officio Chairman of the IFFOR Board. Therefore, Stuart Lawley is Chair of the IFFOR Board. Moreover, there are NO members from the adult entertainment industry on the IFFOR Board.

It is important to understand that the IFFOR Board is the governing body and the IFFOR Policy Council acts only in an advisory role. Numerous professionals have contacted me stating that they had been approached by ICM about a position on the policy council — none of those individuals accepted a position on the IFFOR Policy Council. There are five “adult” seats on a nine-seat council. The initial impression is that the adult community will have a majority and therefore a guiding force on the council.

According to the IFFOR bylaws, the make-up of the Policy Council consists of:

— One Free Expression Expert selected by the Free Expression Stakeholder Group

— One Child Safety Expert selected by the Child Advocacy Stakeholder Group

— One Privacy and Security Expert selected by the Privacy and Security Stakeholder Group

— Five Members from the Stakeholder Group, Three selected by the stakeholder group and two selected by the Board

— One person appointed by ICM.

For the first year, the entire Policy Council will be selected by the IFFOR Board, with Lawley as Chairman. Moreover, the constituency groups Lawley has chosen will thereafter choose their representatives. When asked why ICM would not allow the adult stakeholder community, (the adult entertainment industry) to elect all five positions, Lawley replied that he did not want the “haters” to take over the Board.

I’m guessing the “haters” Mr. Lawley referred to is the majority of the adult industry, i.e. those in opposition to the .XXX sTLD. Interestingly enough, four of the five individuals representing the adult community are attorneys — I wonder if it was too difficult to find actual adult business owners to join their cause. I think it also important to mention that one of the members of the Policy Council is an attorney hired by ICM.

ICM wants the industry (and the world) to believe that IFFOR is separate from ICM and that the adult industry will have influence over IFFOR Policy. But, according to IFFOR bylaws, after the Policy Council decides on a policy, the IFFOR Board has veto power over that decision. AND… after the IFFOR Board considers the policy, ICM has veto power over that decision.

Explain again please how the adult industry has ANY real influence whatsoever in this process? Keep in mind that all .XXX sites and sites they link to will be monitored by an automated third party entity for compliance with regulations developed by IFFOR.

Let’s face it, ICM is pulling all the stings, and the rest are just figureheads. ICM will continue to do what it has been doing, looking out for the best interests of ICM alone — not child protection —not consumers — and CERTAINLY NOT the best interests of the adult entertainment community.