February 5, 2012

Sexting Presents New Challenges for Regulators, Porn Sites

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ALLENTOWN, Pa. — As more and more kids engage in sexting, which is the act of emailing or posting their racy photos online, authorities and adult websites 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 County District Attorney James Martin opened an investigation into a porn site where racey underage images of local Pennsylvania high school students 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. Adult industry 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 large portion 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.” … [Read more...]

Apache Addresses DoS Attacks

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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 adult websites, 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. … [Read more...]

Manwin Responds to AHF Allegations

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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 adult industry 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 … [Read more...]

FSC Responds to AHF’s Accusations

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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 adult industry 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. … [Read more...]

ExoClick Taps Wizzo to Lead Sales Team in North America

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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 jimmy@exoclick.com. … [Read more...]

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

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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 … [Read more...]

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 … [Read more...]

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

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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 adult industry 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 … [Read more...]

MIM Demands Feds Investigate ICM Registry, .XXX Stakeholders

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WASHINGTON — Anti-porn activist group Morality in Media has issued a call to the U.S. Department of Justice, demanding an immediate investigation into .XXX parent ICM Registry and “all involved in [the] XXX domain.” The vociferous zealots at MIM have responded to the launch of the first website to carry the new .XXX extension, pressuring U.S. Attorney General Eric Holder to “enforce the law” by vigorously searching “for possible violations of federal laws prohibiting distribution of hard-core obscene Internet pornography,” associated with the new domain. “Title 18 United States Code Sections 1462 and 1465 prohibit distribution of hard-core, obscene Internet pornography. Yet, isn’t that the purpose of the XXX domain?” asked MIM President Patrick A. Trueman. “Further, Title 18 U. S. C. Section 2 prohibits aiding and abetting a federal crime and Title 18 U. S.C. 371 prohibits a conspiracy to commit a federal crime. The U.S. Attorney General, Eric Holder, should review the activities of ICM Registry in relation to these federal criminal laws immediately.” MIM, along with a broad coalition of “family values” groups oppose .XXX on the grounds that it “will do nothing but increase the spread of Internet porn.” “If Attorney General Holder won’t investigate ICM Registry now, we will press the next attorney general to do so,” Trueman concluded. “This issue will never go away for ICM Registry or for Internet pornographers who attempt to hide their criminal activities behind the .XXX domain.” … [Read more...]

AHF Asks Calif. Supreme Court to Review Condom Ruling

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LOS ANGELES — The AIDS Healthcare Foundation is taking its mandatory condom campaign to the California Supreme Court, asking for a review of a recent decision by a state appeals court panel that ruled Los Angeles County health officials can’t be forced to regulate the adult industry. The AHF filed the petition today arguing that there are several reasons the court should review the case. One of those reasons is that the issue affects the health of all California residents. “The statutes in question involve the duty of public health officers to protect the public from the spread of communicable diseases in general, and sexually transmitted diseases in particular,” the petition said. The petition also said the Health Department has a responsibility to try and control the spread of STDs in L.A. County. “The few steps that they have undertaken to address the issue of the spread of STDs in the adult film industry amounts to ‘just talk,’” said Michael Weinstein, president of AIDS Healthcare Foundation. FSC’s Executive Director Diane Duke told XBIZ that the county itself said this was a non-issue in its response to the lawsuit. “Courts have twice said that L.A. County cannot be required to regulate adult productions,” Duke said. “Data shows that our performers' rates of STI’s are much lower than those of similar populations; FSC commissioned a report that was entered into record with Cal/OSHA disputing AHF's claims about STI rates. AHF continues to waste valuable resources supporting their self-aggrandizing efforts.” Last month, appellate judges said the county's health department has discretion to determine what measures are necessary to prevent the transmission of communicable diseases and could not be forced by the courts to implement the specific means advocated by the AHF. … [Read more...]