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This legal guide is intended to provide an overview of the federal and constitutional issues impacting operation of an adult website. It is intended for the newbie or those thinking about getting into the business. Given the wide-ranging legal issues facing this industry, legal representation is recommended.  This guide can be used as a resource to ensure that the relevant topics have been discussed with your counsel. Introduction The author has represented adult webmasters for over 20 years, and has defended numerous obscenity prosecutions filed against adult website content. Read more [...]

Increasingly, our law firm is asked about the legality of filming nudity or explicit sex scenes in public.  Recent obscenity charges filed against amateur adult content producers in Arkansas and Louisiana have re-ignited discussions about this type of content.  Before that, it was the public indecency charges against webcam model “Library Girl,” a/k/a Kendra Sunderland.  There is something intriguing about the possibility of getting caught that perks interest in some viewers.  Sex scenes filmed in public – even with (purported) members of the public watching – have Read more [...]

Many webcam performers have experienced a new trend in online piracy – the illegal recording and publication of live webcam performances. The “business model” is disturbingly simple: sign up to purchase or view a live webcam performance on any number of webcam networks, use current screen capture technology to record the performance, then distribute the performances on numerous pirate websites hosted in some remote jurisdiction. Throw in a remote proxy server for good measure, and start generating traffic to a website populated with stolen performances. Offer a tease of the Read more [...]

Introduction Adult website operators are typically familiar with the obligations imposed by Title 18 U.S.C. § 2257 (“Section 2257”) which mandates the compilation and maintenance of certain records relating to the production of sexually explicit content.  Less well known, but equally if not more important, are the reporting obligations imposed on certain website operators under 18 U.S.C. § 2258A.  This federal statute requires “electronic communication service providers” such as hosts, forums, dating sites, tube sites, and advertising networks, to report any apparent Read more [...]

By: Lawrence G. Walters, Esq. Walters Law Group www.FirstAmendment.com Introduction: As the live web cam business continues to surge in popularity, more attention will be focused on operators and performers by law enforcement and other government agencies. The best time to consider operational risks and develop best practices is before notification of an investigation or formal inquiry.  The following best practices are submitted for consideration by both performers and web cam site operators.  Some are legally mandated, and others are designed to mitigate legal exposure. For Read more [...]

Lawrence Walters assists in recovering hijacked, multi-million dollar porn[dot]com domain name, several days after the piracy was first noticed. The legal team included company attorney Corey Silverstein, Esq., and noteworthy domain attorney, Paul Keating, Esq. By utilizing all available tools Porn.com’s legal team was able to prevent the day-to-day business from being affected at Porn.com. As a result the consumer experience was not impacted in the slightest. Thanks to the countless individuals that offered assistance and support on GFY and elsewhere. AVN Theo 09:15 PM Read more [...]

Lawrence G. Walters, founder of Walters Law Group FirstAmendment.com will deliver a practical legal presentation at the upcoming Camming Con, in Miami Beach, FL, on August 2, 2014, at 12 noon. Mr. Walters has focused on representing the interests of the live cam industry since its inception, and is thrilled to be invited to speak at this inaugural event:  “The live web cam industry deserves an event of its own, and I’m happy to help educate the attendees on the unique legal issues facing both the operators and the performers,” Walters said. Camming Con will occur at Read more [...]

Google, a name most associated with the popular, gargantuan search engine, has been making its way into the headlines for a different and much more egregious reason: censorship across its platform of products.  The company recently made waves for prohibiting adult material on its advertising network, AdWords.  Now, it seems, Google has expanded its censorial policies and many are wondering just where the company will stop. Xbiz.com founder and editor, Alec Helmy, called out the search giant for its hypocritical behavior; echoing the concerns of many in the adult industry.  Read more [...]