Update from Brussels: ICANN-GAC Consultation

Monday’s meeting between the ICANN Board of Directors and the Governmental Advisory Committee (GAC) primarily consisted of clarification of the items on which the GAC and the Board were at odds, as well as agreeing on the process to consider those items. The only issues addressed were around ICANN’s proposed introduction of  gTLDs (generic top level domains). Amongst the items discussed were procedures for reviewing sensitive strings, market and economic impacts, and protection of rights-owners.

The GAC’s U.S. representative Suzanne Sene stressed GAC’s concern over the fragmentation of the Internet, which would result if governments begin to block top level domains.

“Government blocking of TLDs is a real concern,” acknowledged Free Speech Coalition (FSC) Executive Director Diane Duke.  “My counterpart Fiona Patten, Executive Director of EROS in Australia, told me that Australia would almost certainly block .XXX.” Other countries that Duke said were likely to block TLDs included Germany, China, and Saudi Arabia.  The U.S. government has indicated that it is likely to seek mandates on TLDs.

Duke stressed, “It is clear that a .XXX sTLD is not only bad for adult businesses, but also it is bad for the Internet as a whole.”

During a break, Duke managed to speak with ICANN CEO Rod Beckstrom and Legal Counsel John Jeffrey. At that point, Duke was able to uncover information on when and where issues concerning .XXX will be formally considered.

“Beckstrom and Jeffrey told me that the Board/GAC consultation will take place on March 17, in San Francisco, at the ICANN conference and that the Board would address the results from that meeting the next day, at their Board meeting,” Duke said.

This week, FSC will publish a series of articles outlining issues surrounding the proposed .XXX sTLD, which will be published in industry trade publications, as well as on the FSC Blog.

(Photo: Some rights reserved by Konrad Andrews)

John Stagliano Issues Statement on Pornography Harms, Moralists That Want to Restrict Your First Amendment Rights

Legendary Adult Director & Free Speech Advocate John Stagliano

This letter was sent out via PRNewswire today:

Today, noted adult film pioneer and first amendment activist John Stagliano decried the recent attacks on personal liberties by self-styled moral crusaders who are taking their own liberties with the truth about pornography’s impact on society.

This week, the group “Pornography Harms” continued its campaign to ban free speech and adult entertainment through a letter circulated around Capitol Hill with the goal of spurring elected officials into enacting the group’s dangerous agenda. The letter cites worn-out and debunked claims that viewing adult entertainment increases violence towards women and leads to more violent sexual behavior.

Recent statistics show those claims simply are not true. A study from a Clemson University economist showed that violent and sexual crimes have actually decreased as Internet usages have increased. The study’s author found that states whose Internet access expanded the fastest saw rapes and sexual crimes decline the most.

Stagliano said: “We are tired of being slandered. It is apparent that if people are left free to consume pornography, if they so choose, the world is a healthier, less violent place.”

In 2008, the Department of Justice’s Obscenity Prosecution Task Force brought charges against Stagliano in a trial which gained national attention over its free speech implications. In July of 2010, the trial ended in a Judicial Acquittal after the Judge ruled there wasn’t sufficient evidence presented by the prosecution to convict. Groups such as Pornography Harms have lobbied government agencies and elected officials to continue to stifle first amendment/free speech rights through similar prosecutions.

The recent Pornography Harms letter urges readers to donate to Morality in Media, an organization with a long history of First Amendment suppression tactics and alignment with other censorship driven groups. They have frequently used similar outlandish claims and factual distortions as part of their extremist agenda, such as claiming there’s a link between gay marriage and mass killings. If these anti-speech activists are initially successful with their censorship agenda, they won’t stop until they have turned all broadcasts and publications in line with their narrow worldview.

Stagliano concluded, “The only real violence involved is prosecuting someone like me with an obscenity law, a law that you can’t know in advance when you are breaking it.”

About John Stagliano:

John Stagliano is an American entrepreneur, producer, director, and writer who founded and owns the Evil Angel film studio. He received critical acclaim for his self produced Las Vegas stage show “Fashionistas” and is well known for his contributions and work with the non-partisan libertarian public policy advocate think tank The Reason Foundation. John is widely recognized as having revolutionized the adult film industry. In addition to the many awards for his work, John has been the recipient of numerous awards for his lifelong First Amendment protection efforts, including the Free Speech Coalition Man of the Year and The Reason Foundation’s Flame of Freedom Award.

(Photo: Some rights reserved by Glenn Francis)

FSC Travels to Brussels for ICANN-GAC Consultation

Free Speech Coalition (FSC) Executive Director Diane Duke will travel next week to Brussels, Belgium, to attend the ICANN Board-GAC consultation. Duke will represent the best interests of adult online businesses that stand in opposition to the proposed .XXX sTLD.

According to ICANN, the meeting will address differences between the Governmental Advisory Committee (GAC) advice and the current implementation of the GNSO (Generic Names Supporting Organization) New gTLD Policy recommendations. The goal is then to arrive at resolutions between the ICANN Board and GAC, or – if resolution cannot be reached – to identify which issues remain unresolved.

The U.S. government, and several others, has recently expressed concern about the current “generic” Top Level Domain proposal and fear that it may cause widespread fragmentation of the Internet.

There has been no indication from ICANN when its board will address .XXX domains or render a decision regarding the .XXX sTLD. However, Duke will be present to lobby members of the GAC and ICANN, in advance of the ICANN’s next board meeting, to be held in March, in San Francisco.

“It is critical that the ICANN Board and GAC hear the concerns of the adult entertainment community regarding .XXX,” Duke said. “I will carry those concerns with me and make sure that they are fully expressed.”

(Photo: Some rights reserved by Ssolbergj)

L.A. County Public Health Demands Blood Test from Performer

The FSC has been informed that agents of the Los Angeles County Department of Public Health (LACDPH) have on at least one occasion, appeared at the home of an adult industry performer and demanded that the model immediately provide a blood sample. The LACDPH agents offered no court order or other lawful justification for this shocking intrusion into fundamental civil rights.

Although the Free Speech Coalition cannot provide legal advice, we urge any person to seek legal counsel before consenting to such lawless violations of medical privacy and Fourth Amendment rights.

This is not the first time that the L.A. County Department of Public Health reportedly has acted as if it had legal authority for an action, when in reality it had none.

In another incident, agents reportedly claimed to have authority from the U.S. Justice Department to seize 2257 records; authority that has not been documented and is almost certainly false.

“You are not a serf living under the whims and dictates of a feudal Los Angeles County Department of Public Health,” said attorney and FSC Board Chair Jeffrey Douglas. “You can and should ask for a written list of any demand and the authority for those demands. Know your rights and protect yourself.”

(Photo: Some rights reserved by Kuebi)

FSC ‘Free Love Lounge’ Fundraiser a Success

Wicked Girls at the FSC 'Free Love Lounge' fundraiser - (l to r) Stormy Daniels, Kaylani Lei, FSC Executive Director Diane Duke and Jessica Drake

Lucky winner with the Fleshlight

 

 

Sportsheets' Todd Carter wins the iPad - (l to r) ElDorado's Larry Garland, Todd Carter and Diane Duke

The ‘Free Love Lounge’ fundraiser held at the XBIZ Retail Show drew industry luminaries and raised funds for Free Speech Coalition.

“We would like to thank all our sponsors, including XBIZ for providing the venue and ElDorado Trading, Co. for generously donating raffle items to the event,” FSC Membership Director Joanne Cachapero said. “Also, we very much appreciate the participation of Wicked Pictures, Adam & Eve, Good Vibrations and the Screaming O for their contributions and for making the party a great success.”

The highlight of the evening was the appearance of Wicked contract performers Stormy Daniels, Jessica Drake and Kaylani Lei, followed by two exciting raffles. Adult director and DJ Jack Napier provided a sophisticated, relaxing musical ambiance to the event.

Newly appointed FSC board member and owner of ElDorado Trading Co. Larry Garland hosted the first raffle; excited party guests anxiously waited to see who would win prizes including a Hitachi magic Wand, a Fleshlight and a portable stripper pole.

The second raffle was for a new iPad, and drew much interest from the crowd. The lucky winner of the iPad was Sportsheets’ Todd Carter.

Other industry personalities that attended included Adam & Eve’s Bob Christian and Bruce Whitney, Evil Angel’s Christian Mann, Good Vibrations’ Joel Kaminsky, GVA-TWN’s Rondee Kamins, Wicked Pictures’ Heth Mares, East Coast News/IVD’s Frank Koretsky, Gamelink’s Jeff Dillon, Sportsheets’ Tom Stewart, Topco Sales’ Desiree Duffy, AAANews’ Sid Grief, XBIZ’s Moe Helmy, FSC Board member Mara Epstein, and many more.

“Our members and contributors help FSC do important work on behalf of the entire industry, with important issues like .XXX domains, anti-piracy efforts and workplace safety. So, again, we want to thank everyone for their support of FSC,” Cachapero added. “Especially after a long week of events and work – it was wonderful to have a chance to relax, have a drink and talk with old and new friends.”

(Photos courtesy of EMMReport.com)

Wasteland’s Rowntree to Receive FSC Leadership Award

Free Speech Coalition (FSC) is proud to announce that Wastelend.com CEO Colin Rowntree will receive the FSC Leadership Award, to be presented at the XBIZ Awards on Wednesday night.

“Colin volunteered his time and efforts to oppose the proposed .XXX sponsored top level domains – an issue that FSC has been dealing with for nearly ten years,” FSC Executive Director Diane Duke said. “By dedicating himself to spreading the message on .XXX opposition, Colin not only went above and beyond to support FSC, but also to reach out to his colleagues and peers in the industry.

“Colin’s work exemplifies the kind of community-building that the adult industry needs in order to face the issues that challenge us today,” Duke added.

Rowntree produced and directed “.XXX – The Movie,” a public service announcement on behalf of .XXX opposition and featuring industry leaders including  John Stagliano (Evil Angel CEO), Ron Cadwell (CCBill CEO), Peter Acworth (Kink CEO), Mitch Farber (Netbilling CEO), among others. The video’s script was written by FSC Board member Theresa “Darklady” Reed.

FSC’s Leadership Award is presented to the adult entertainment industry business or individual who demonstrates excellence in the adult entertainment industry in leading by example. This award can be given for community service, activism, creating a positive and outstanding work environment, innovations and other qualities that lift the business or individual above the rest.

The XBIZ Awards are to be held February 9, at the Palladium in Hollywood, CA.

Three More Tubesites Join FSC APAP

Free Speech Coalition’s Anti-Piracy Protection Program (APAP) has added three more tubesites to its list of participants. The latest tubesites to join the program are TNAflix, Empflix and XHamster, bringing the total number of sites participating in its Mediawise program to twelve.

Other tubesites participating in the program include XVideos, Pornhub, XNXX, Tube8, Xtube, Spankwire, Keezmovies, ExtremeTube and Mofosex.

FSC APAP is made up of several components, including Videotracker and Mediawise.

Videotracker can be accessed only by participating FSC APAP content providers. With Videotracker, providers have access to copyright counseling, content tracking, documentation of infringements, and sending of DMCA notices. All actions are documented in evidence packets the provider can use for litigation or research purposes. Participants are charged a monthly fee to use this service.

Mediawise is the monetization component of APAP and available to all current FSC member content providers — free of charge.

Mediawise technology uses audio-video-metadata fingerprints to stop content from being uploaded. Content providers fingerprint their entire library and their content goes up only in the format specified by the content provider. Instead of pirated content going up, the software applies the business rules the content provider wants for that title and either truncates the content, or provides a trailer — both with an overlay ad that takes the viewer to the content provider’s site. With this approach, the content provider not only blocks stolen content from being uploaded, but also realizes a potential new revenue stream.

FSC APAP participants that use both the Videotracker and Mediawise components retain a 60 percent rev share once a piece of content converts. FSC members that utilize only Mediawise retain a 50 percent rev share. FSC functions as an “affiliate,” by collecting the remaining percentages, which are divided between the tube sites and software technology provider Vobile.

“This is an extremely exciting time for adult content providers,” FSC Executive Director Diane Duke said. “Soon, a source that has been a financial drain on their businesses may soon be a new and vibrant source of revenue. Tubesites are here to stay. The difference is, now they are working for us.”

FSC APAP is currently in the final stages of getting all participating content providers to fingerprint their libraries and designate their desired business rules. The tubesites are applying the fingerprints and business rules to their sites.

Representatives from FSC APAP will attend the Content Protection Retreat presented by Pink Visual, to be held at the Sofitel Hotel in Beverly Hills, CA, on Feb 6-7.

For more information on FSC APAP, call (818) 348-9373, visit FSCAPAP.com, or contact diane@freespeechcoalition.com.

(Photo: Some rights reserved by Paul Goyette)

FSC Anti-Piracy Action Program Adds Porn Guardian to its Team

FSC has partnered with Porn-Guardian to expand services provided in its Anti-Piracy Action Program (APAP).

“From the beginning, FSC’s Anti-Piracy Action Program has concentrated on providing a comprehensive plan that is user-friendly and adaptive to the needs of the content provider. In 2010, we successfully focused on a strategy that targeted tubesites,” FSC Executive Director Diane Duke. “We have had incredible success in that endeavor and now we are increasing our attack on piracy to include P2P infringements.”

In 2010, APAP developed and implemented a system that effectively deals with tube sites. In 2011, FSC will add the services of Porn Guardian in order to expand the types of piracy the program addresses.

Porn Guardian combines technology and human review to identify and remove infringement from file-trading locations including cyberlockers, such as Rapidshare, FileMonster, and MegaUpload and many others; link-trading sites such as Yahoo groups, user groups, linking sites and blogs; and P2P environments such as BitTorrent and eDonkey.

“We are thrilled by the expanded suite of services this partnership will provide to clients,” Porn Guardian’s Peter Phinney said. “With Porn Guardian’s expertise in peer-to-peer sharing and cyberlocker up-and-downloads, bundled with APAP’s extraordinarily effective solution to the unique problem of tube sites, clients now are protected against every major current piracy problem and also positioned to deal with emerging technologies we see evolving on the horizon.”

Representatives from both FSC APAP and Porn Guardian will attend the upcoming Content Protection Retreat hosted by Pink Visual, to be held February 6-7, at the Sofitel Hotel located in Beverly Hills, CA.

“We are thrilled to be working with Porn Guardian their services and approach will work well with the program we have already established,” Duke added.

Porn Guardian’s Dominic Ford said, “Porn Guardian is the industry’s best defense against cyberlockers, and APAP is the best solution for combating tube sites. Combined, FSC now has a total solution for its members. We are thrilled to be working with the Free Speech Coalition and look forward to helping the industry in this fight against piracy.”

 

A Year of Extraordinary Support From Extraordinary People

As 2010 closed, we put yet another recessionary year behind us I have to say, it had been one hell of a year. Dot XXX has crept back into existence like a zombie from the “Night of the Living Dead.” Megalomaniac Mike Weinstein from AIDS Healthcare Foundation set his sights on the adult entertainment industry utilizing CalOSHA as his weapon of mass destruction. And the industry has come together as never before to confront copyright infringement, once again showing that we can be the leader when it comes to embracing technology for business solutions.

Not a week goes by without someone calling me up and asking, “So, how ya holdin’ up?” mindful that the industry is struggling and, as businesses consolidate or fail, our revenue stream will be negatively impacted. True, finances are tight and we are watching every penny, but it feels as if FSC is more relevant to the industry today than ever before. We have had a significant impact on the direction of ICM’s .XXX. We have launched a solid defense in the negotiations with CalOSHA, more often than not being the voice of reason in the room. Working with key industry members we have launched an industry-wide attack on copyright infringement while opening up potential streams for new revenue. And, we are still in the trenches trying to provide some relief from the onerous restrictions of 2257. Yes, I believe we are more relevant today than ever before — and we have our members to thank, including some extraordinary people who have supported FSC like never before.

Dan and Moose from Girlfriend Films are regulars at the CalOSHA meetings providing valuable input and moral support, as well as a generous donation to help offset the cost of the special lobbyist we hired to help with CalOSHA. The folks at Hustler not only made a generous donation, but also threw a fundraiser for FSC at the Whisky a Go Go. I got a call from John Sander at Kink.com saying that he and Peter appreciated the work FSC was doing around .XXX and CalOSHA and wanted to donate. Colin Rowntree and Angie his wife made a generous donation to help us with .XXX, AND then went on to work with Theresa Reed (who also made a donation) to create a kick-ass parody video around .XXX. Allison Vivas and the folks at Pink Visual organized and implemented the Content Protection Retreat helping FSC promote the Anti-Piracy Action Program (APAP) and creating a top-notch website to support the program. Joone from Digital Playground and Keith from Titan Media have been instrumental in testing our APAP and spreading the word of its success. Director Michael Whiteacre also volunteered his time and resources to create the APAP public services announcements, which have generated more than 700,000 views on YouTube and featured adult performers reaching out to consumers with the anti-piracy message. Susan Colvin, Scott Tucker, Ron Braverman and some of the other founders have helped considerably with our 2257 efforts, and Sid Grief from AAA News has supported 2257 as well. We owe our brand and website development to Tim Valenti and the folks at Nakedsword/Cubik. And there are more, so many more.

So as 2011 begins, I reflect on last year and I’m thankful. I am fortunate to be working in this alternative industry with some of the best people on the planet. From the bottom of my heart I thank you all for your support and for the honor of being able to serve you another year. – dd

(Photo: Some rights reserved by Ellie)