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The Facts on Recent FBI Obscenity Raids
By Dusk Peterson
True Tales: Gay Leather News, Narratives, and Fiction
(http://truetales.org)
As a result of media reports on a recent FBI anti-obscenity campaign,
True Tales has received enquiries as to whether leather and BDSM
Websites are in special legal danger. Below are the facts that are
presently known.
* On May 5, Assistant Attorney General Christopher A. Wray announced
that the United States Department of Justice had established an
Obscenity Prosecution Task Force "dedicated to the investigation and
prosecution of the distributors of hard-core pornography that meets
the test for obscenity, as defined by the United States Supreme
Court." No mention of any subject matter of the pornography was made.
Several news commentators stated that the information in the press
release suggested that the task force would place its primary focus on
Internet pornography.
* On September 20, The Washington Post quoted a July 29 electronic
memo from FBI headquarters to all field offices as saying, "Based on a
review of past successful cases in a variety of jurisdictions [the
best odds of conviction come with pornography that] includes
bestiality, urination, defecation, as well as sadistic and masochistic
behavior."
* Beginning in late September, a number of Websites containing SM
material chose to delete that material or shut down, in response to
the information in the Washington Post article. Among the Websites to
censor themselves have been atruerose.com, kinkygurl.com,
leatherquest.com, suicidegirls.com, UnderMySkirt.org, and three
related Websites, houseofdesade.org, grandpadesade.com, and
realbdsm.com. Midori's BeautyBound.com shut down as well, because of
other U.S. legislation against erotic material.
* According to the adult news service AVN, on October 3 the FBI raided
the home office of a part-free, part-subscription Website, Red Rose
Stories. It is not known whether this raid was connected with the new
anti-obscenity campaign. A recently cached version of the Website
shows that Red Rose Stories had both texts and images on it. However,
the site's lawyer, Lawrence G. Walters, told True Tales, "The Search
Warrant dealt solely with text stories and audio files. No video or
images are at issue." Most of the site's sections were devoted to a
variety of types of erotic stories, with BDSM stories mixed in with
the rest. One section was devoted to underage erotic stories, which
were mentioned in the site's meta title. Mr. Walters says, "It is
uncertain exactly which stories will/may be charged with obscenity
related offenses. We won't know that until the charges are actually
filed, if they are filed."
* According to AVN, on October 5, the FBI raided Max World
Entertainment in Altadena, California, home of the Max Hardcore
pornography videos, known for their "edgy" material. It is not known
whether this raid was connected with the new anti-obscenity campaign.
AVN reported that the FBI warrant was for five videos and the records
of some Websites. Information on the videos that is available on the
Web shows that all five videos featured the fantasy abuse of models
wearing the clothing and hairstyle of young teenage girls. Max
Hardcore later issued a press release denying that the videos featured
underaged performers.
* According to various media sources, on October 7 the Webmaster of
Now That's Fucked Up, a Website for user-submitted amateur photos, was
arrested for obscenity. Chris Wilson of Lakeland, Florida, was
arrested by local police after his Website received national attention
for permitting U.S. soldiers overseas to post pictures showing war
dead. There is no indication that the FBI was involved in this case.
* The FBI has not yet raided the owners of any Websites that label
themselves as devoted to SM.
* Not all erotic material is considered obscene by U.S. law. Parts of
the federal obscenity law cover both images and text. The federal
sentencing guidelines enhance sentences in obscenity cases involving
sadomasochistic material.
* Other federal laws also cover erotic material, such as the child
pornography law (which deals with images only) and Regulation 2257
(which places bookkeeping requirements on many commercial Websites
displaying sexually explicit photos).
* A number of other legislative movements against erotic material have
taken place during this same period. The U.S. adult industry is
currently fighting against Regulation 2257, a law that helped bring
about the demise in June of the long-running gay leather magazine
Bound & Gagged. In August, the British Home Office proposed "a new
offence of simple possession of extreme pornographic material which is
graphic and sexually explicit and which contains serious violence
towards women and men." A coalition of British groups, including SM
groups, are fighting against the proposed legislation.
* Mr. Walters told True Tales, "The FBI has clearly established an
investigatory unit which will prosecute adult websites, and other
adult content. Nobody knows what type of content will be targeted.
However, the type of content is not the only factor that affects legal
exposure. The way in which the content is presented, the context,
medium and accompanying material all have an impact. These are complex
issues and best handled by an experienced adult entertainment
attorney."
* The Free Speech Coalition (an advocate for the adult industry) and
the National Coalition for Sexual Freedom (an advocate for the
SM-leather-fetish, swing, and polyamory communities) are both running
legal campaigns aimed against the wide scope of U.S. federal laws
covering erotic material.
Copyright (c) 2005 Dusk Peterson. All rights reserved.
RELATED LINKS
The Development of Sadomasochism as a Cultural Style in the
Twentieth-Century United States. A Ph.D. dissertation by Robert V.
Bienvenu II. Chapter Four looks the U.S. government's war against
erotic publications, gay and straight, during the 1950s and 1960s.
[American Fetish]
http://www.americanfetish.net/
Obscenity Prosecution Task Force Established to Investigate, Prosecute
Purveyors of Obscene Materials. May 5. [U.S. Department of Justice]
http://www.usdoj.gov/opa/pr/2005/May/05_crm_242.htm
CCBill: No More Watersports, Violent Content. May 17. About a payment
processor's decision to revise its acceptable use policy. [AVN]
http://www.avn.com/index.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=227053
Remarks of John C. Richter, Acting Assistant Attorney General (PDF
file). HTML version. May 19. The script for a speech given at the
Summit on Pornography: Obscenity Enforcement, Corporate Participation,
and Violence Against Women and Children. Describes the new task force.
[U.S. Department of Justice]
http://www.usdoj.gov/criminal/press_room/speeches/2005_4031_richtersummit051905.pdf
http://72.14.207.104/search?q=cache...cenity+prosecution+task+force"&hl=en&ie=UTF-8
Prepared Remarks of Attorney General Alberto R. Gonzales at the
National Press Club. May 20. Includes brief remarks on the new task
force. [U.S. Department of Justice]
http://www.usdoj.gov/ag/speeches/2005/052005agremarksnpr.htm
The Pace and Tempo Quickens: Chronology of the Emerging Porn Offense.
May 23. [YNOT]
http://www.ynot.com/modules.php?op=modload&name=News&file=news_article&sid=9433
Think Ahead of the Bust. June 8. On measures that the adult industry
could take in response to the Obscenity Prosecution Task Force. [AVN]
http://www.avn.com/index.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=229387
U.S. Attorney's Porn Fight Gets Bad Reviews. August 30. [Law.com]
http://www.law.com/jsp/article.jsp?id=1125318960389
Federal Government Renews Effort to Curb Porn. September 17. A radio
report. [NPR]
http://www.npr.org/templates/story/story.php?storyId=4865348
Recruits Sought for Porn Squad. September 20. [The Washington Post]
http://www.washingtonpost.com/wp-dyn/content/article/2005/09/19/AR2005091901570.html
It's Time to Confront the Real Terror Threat - Porn. September 30.
Humorous commentary. [Pittsburgh Tribune-Review]
http://www.pittsburghlive.com/x/tribune-review/opinion/columnists/heyl/s_379566.html
Feds' Anti-Porn Push Prompts Suicidegirls.com to Take Down Photos,
Pissing Off the Models. October 5. [Willamette Week Online]
http://www.wweek.com/story.php?story=6797
Bush, Gonzales, Keep Word, Feds Raid Porn Producer Max Hardcore.
October 5. [YNOT]
http://www.ynot.com/modules.php?op=..._article&sid=9829&mode=thread&order=0&thold=0
Second FBI Raid This Week: Erotic Stories Website Hit, Apparently Over
Obscenity. October 7. [YNOT]
http://www.ynot.com/modules.php?op=..._article&sid=9839&mode=thread&order=0&thold=0
Some Members of BDSM Community Self-Censoring, Citing Obscenity
Prosecution Fears. October 12. Includes commentary on whether it is
likely that the FBI will target BDSM material. [YNOT]
http://www.ynot.com/modules.php?op=..._article&sid=9853&mode=thread&order=0&thold=0
YNOT News. News on the adult industry, including the recent FBI
campaign.
http://www.ynot.com/modules.php?op=modload&name=News&file=news_index&catid=&topic=104
AVN. News on the adult industry, including the recent FBI campaign.
http://www.avnonline.com/index.php
Max Harcore.
http://www.maxhardcore.com/
Now That's Fucked Up.
http://nowthatsfuckedup.com/
Free Chris Wilson. A Website devoted to advocacy for the Webmaster of
nowthatsfuckedup.com. Includes links to news articles and information
on the Chris Wilson Defense Fund.
http://www.freechris.org/
Red Rose Stories.
http://www.red-rose-stories.com/
Red Rose Stories Defense Fund. [Red Rose Stories]
http://www.red-rose-stories.com/forum/read.php?6,3922
Free Speech Coalition.
http://freespeechcoalition.com/
National Coalition for Sexual Freedom.
http://www.ncsfreedom.org/
U.S. Federal Obscenity Law. [Legal Information Institute]
http://www4.law.cornell.edu/uscode/html/uscode18/usc_sup_01_18_10_I_20_71.html
Federal Sentence Guidelines: Obscenity. Skip down to "if the offense
involved material". [U.S. Sentencing Commission]
http://www.ussc.gov/2004guid/2g3_1.htm
Free Resources for Adult Webmasters. Advice on keeping your Website
legal. From the Website of the lawyer for Chris Wilson and for Red
Rose Stories. [Lawrence G. Walters, Esq.]
http://www.firstamendment.com/webmasters.php3
Materials on Section 2257. [xxxlaw.net]
http://my.execpc.com/~xxxlaw/sec2257.html
On the Possession of Extreme Pornographic Material. The British Home
Office's consultation paper. [Scottish Executive]
http://www.scotland.gov.uk/Publications/2005/08/30112423/24254
Backlash. A coalition of British groups fighting proposed legislation
against "extreme pornographic material."
http://www.unfettered.co.uk/backlash/index.html
By Dusk Peterson
True Tales: Gay Leather News, Narratives, and Fiction
(http://truetales.org)
As a result of media reports on a recent FBI anti-obscenity campaign,
True Tales has received enquiries as to whether leather and BDSM
Websites are in special legal danger. Below are the facts that are
presently known.
* On May 5, Assistant Attorney General Christopher A. Wray announced
that the United States Department of Justice had established an
Obscenity Prosecution Task Force "dedicated to the investigation and
prosecution of the distributors of hard-core pornography that meets
the test for obscenity, as defined by the United States Supreme
Court." No mention of any subject matter of the pornography was made.
Several news commentators stated that the information in the press
release suggested that the task force would place its primary focus on
Internet pornography.
* On September 20, The Washington Post quoted a July 29 electronic
memo from FBI headquarters to all field offices as saying, "Based on a
review of past successful cases in a variety of jurisdictions [the
best odds of conviction come with pornography that] includes
bestiality, urination, defecation, as well as sadistic and masochistic
behavior."
* Beginning in late September, a number of Websites containing SM
material chose to delete that material or shut down, in response to
the information in the Washington Post article. Among the Websites to
censor themselves have been atruerose.com, kinkygurl.com,
leatherquest.com, suicidegirls.com, UnderMySkirt.org, and three
related Websites, houseofdesade.org, grandpadesade.com, and
realbdsm.com. Midori's BeautyBound.com shut down as well, because of
other U.S. legislation against erotic material.
* According to the adult news service AVN, on October 3 the FBI raided
the home office of a part-free, part-subscription Website, Red Rose
Stories. It is not known whether this raid was connected with the new
anti-obscenity campaign. A recently cached version of the Website
shows that Red Rose Stories had both texts and images on it. However,
the site's lawyer, Lawrence G. Walters, told True Tales, "The Search
Warrant dealt solely with text stories and audio files. No video or
images are at issue." Most of the site's sections were devoted to a
variety of types of erotic stories, with BDSM stories mixed in with
the rest. One section was devoted to underage erotic stories, which
were mentioned in the site's meta title. Mr. Walters says, "It is
uncertain exactly which stories will/may be charged with obscenity
related offenses. We won't know that until the charges are actually
filed, if they are filed."
* According to AVN, on October 5, the FBI raided Max World
Entertainment in Altadena, California, home of the Max Hardcore
pornography videos, known for their "edgy" material. It is not known
whether this raid was connected with the new anti-obscenity campaign.
AVN reported that the FBI warrant was for five videos and the records
of some Websites. Information on the videos that is available on the
Web shows that all five videos featured the fantasy abuse of models
wearing the clothing and hairstyle of young teenage girls. Max
Hardcore later issued a press release denying that the videos featured
underaged performers.
* According to various media sources, on October 7 the Webmaster of
Now That's Fucked Up, a Website for user-submitted amateur photos, was
arrested for obscenity. Chris Wilson of Lakeland, Florida, was
arrested by local police after his Website received national attention
for permitting U.S. soldiers overseas to post pictures showing war
dead. There is no indication that the FBI was involved in this case.
* The FBI has not yet raided the owners of any Websites that label
themselves as devoted to SM.
* Not all erotic material is considered obscene by U.S. law. Parts of
the federal obscenity law cover both images and text. The federal
sentencing guidelines enhance sentences in obscenity cases involving
sadomasochistic material.
* Other federal laws also cover erotic material, such as the child
pornography law (which deals with images only) and Regulation 2257
(which places bookkeeping requirements on many commercial Websites
displaying sexually explicit photos).
* A number of other legislative movements against erotic material have
taken place during this same period. The U.S. adult industry is
currently fighting against Regulation 2257, a law that helped bring
about the demise in June of the long-running gay leather magazine
Bound & Gagged. In August, the British Home Office proposed "a new
offence of simple possession of extreme pornographic material which is
graphic and sexually explicit and which contains serious violence
towards women and men." A coalition of British groups, including SM
groups, are fighting against the proposed legislation.
* Mr. Walters told True Tales, "The FBI has clearly established an
investigatory unit which will prosecute adult websites, and other
adult content. Nobody knows what type of content will be targeted.
However, the type of content is not the only factor that affects legal
exposure. The way in which the content is presented, the context,
medium and accompanying material all have an impact. These are complex
issues and best handled by an experienced adult entertainment
attorney."
* The Free Speech Coalition (an advocate for the adult industry) and
the National Coalition for Sexual Freedom (an advocate for the
SM-leather-fetish, swing, and polyamory communities) are both running
legal campaigns aimed against the wide scope of U.S. federal laws
covering erotic material.
Copyright (c) 2005 Dusk Peterson. All rights reserved.
RELATED LINKS
The Development of Sadomasochism as a Cultural Style in the
Twentieth-Century United States. A Ph.D. dissertation by Robert V.
Bienvenu II. Chapter Four looks the U.S. government's war against
erotic publications, gay and straight, during the 1950s and 1960s.
[American Fetish]
http://www.americanfetish.net/
Obscenity Prosecution Task Force Established to Investigate, Prosecute
Purveyors of Obscene Materials. May 5. [U.S. Department of Justice]
http://www.usdoj.gov/opa/pr/2005/May/05_crm_242.htm
CCBill: No More Watersports, Violent Content. May 17. About a payment
processor's decision to revise its acceptable use policy. [AVN]
http://www.avn.com/index.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=227053
Remarks of John C. Richter, Acting Assistant Attorney General (PDF
file). HTML version. May 19. The script for a speech given at the
Summit on Pornography: Obscenity Enforcement, Corporate Participation,
and Violence Against Women and Children. Describes the new task force.
[U.S. Department of Justice]
http://www.usdoj.gov/criminal/press_room/speeches/2005_4031_richtersummit051905.pdf
http://72.14.207.104/search?q=cache...cenity+prosecution+task+force"&hl=en&ie=UTF-8
Prepared Remarks of Attorney General Alberto R. Gonzales at the
National Press Club. May 20. Includes brief remarks on the new task
force. [U.S. Department of Justice]
http://www.usdoj.gov/ag/speeches/2005/052005agremarksnpr.htm
The Pace and Tempo Quickens: Chronology of the Emerging Porn Offense.
May 23. [YNOT]
http://www.ynot.com/modules.php?op=modload&name=News&file=news_article&sid=9433
Think Ahead of the Bust. June 8. On measures that the adult industry
could take in response to the Obscenity Prosecution Task Force. [AVN]
http://www.avn.com/index.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=229387
U.S. Attorney's Porn Fight Gets Bad Reviews. August 30. [Law.com]
http://www.law.com/jsp/article.jsp?id=1125318960389
Federal Government Renews Effort to Curb Porn. September 17. A radio
report. [NPR]
http://www.npr.org/templates/story/story.php?storyId=4865348
Recruits Sought for Porn Squad. September 20. [The Washington Post]
http://www.washingtonpost.com/wp-dyn/content/article/2005/09/19/AR2005091901570.html
It's Time to Confront the Real Terror Threat - Porn. September 30.
Humorous commentary. [Pittsburgh Tribune-Review]
http://www.pittsburghlive.com/x/tribune-review/opinion/columnists/heyl/s_379566.html
Feds' Anti-Porn Push Prompts Suicidegirls.com to Take Down Photos,
Pissing Off the Models. October 5. [Willamette Week Online]
http://www.wweek.com/story.php?story=6797
Bush, Gonzales, Keep Word, Feds Raid Porn Producer Max Hardcore.
October 5. [YNOT]
http://www.ynot.com/modules.php?op=..._article&sid=9829&mode=thread&order=0&thold=0
Second FBI Raid This Week: Erotic Stories Website Hit, Apparently Over
Obscenity. October 7. [YNOT]
http://www.ynot.com/modules.php?op=..._article&sid=9839&mode=thread&order=0&thold=0
Some Members of BDSM Community Self-Censoring, Citing Obscenity
Prosecution Fears. October 12. Includes commentary on whether it is
likely that the FBI will target BDSM material. [YNOT]
http://www.ynot.com/modules.php?op=..._article&sid=9853&mode=thread&order=0&thold=0
YNOT News. News on the adult industry, including the recent FBI
campaign.
http://www.ynot.com/modules.php?op=modload&name=News&file=news_index&catid=&topic=104
AVN. News on the adult industry, including the recent FBI campaign.
http://www.avnonline.com/index.php
Max Harcore.
http://www.maxhardcore.com/
Now That's Fucked Up.
http://nowthatsfuckedup.com/
Free Chris Wilson. A Website devoted to advocacy for the Webmaster of
nowthatsfuckedup.com. Includes links to news articles and information
on the Chris Wilson Defense Fund.
http://www.freechris.org/
Red Rose Stories.
http://www.red-rose-stories.com/
Red Rose Stories Defense Fund. [Red Rose Stories]
http://www.red-rose-stories.com/forum/read.php?6,3922
Free Speech Coalition.
http://freespeechcoalition.com/
National Coalition for Sexual Freedom.
http://www.ncsfreedom.org/
U.S. Federal Obscenity Law. [Legal Information Institute]
http://www4.law.cornell.edu/uscode/html/uscode18/usc_sup_01_18_10_I_20_71.html
Federal Sentence Guidelines: Obscenity. Skip down to "if the offense
involved material". [U.S. Sentencing Commission]
http://www.ussc.gov/2004guid/2g3_1.htm
Free Resources for Adult Webmasters. Advice on keeping your Website
legal. From the Website of the lawyer for Chris Wilson and for Red
Rose Stories. [Lawrence G. Walters, Esq.]
http://www.firstamendment.com/webmasters.php3
Materials on Section 2257. [xxxlaw.net]
http://my.execpc.com/~xxxlaw/sec2257.html
On the Possession of Extreme Pornographic Material. The British Home
Office's consultation paper. [Scottish Executive]
http://www.scotland.gov.uk/Publications/2005/08/30112423/24254
Backlash. A coalition of British groups fighting proposed legislation
against "extreme pornographic material."
http://www.unfettered.co.uk/backlash/index.html
