FSC Responds to False Accusations by AIDS Healthcare Foundation

Free Speech Coalition (FSC) has been falsely accused by AIDS Healthcare Foundation (AHF), of obstructing a medical investigation by Los Angeles County Public Health (LACPH), in regards to the latest incidence of the possible HIV exposure of an adult industry performer, in a press release issued by AHF today.

FSC, the adult industry trade association, would like to make clear that 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.

Official statements made today by AHF President Michael Weinstein at an AHF press conference are false and seemingly based on rumor and innuendo gathered from unreliable sources.

During that press conference, Weinstein also falsely accused FSC of witholding information from public health authorities.

FSC 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. “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.”

To FSC’s 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. 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.

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.

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. AIM was closed in May, largely due to financial pressure brought on by relentless litigation waged against them by AHF. FSC administers the APHSS.org program, which was launched on August 1, and still in the process of organizing producers, agents and performers for participation in the program.

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

(Photo: Some rights reserved by Brad Gillette)

Information Regarding Possible HIV Exposure of Industry Performer

Free Speech Coalition was made aware of the possible HIV exposure of a performer on Saturday. In order to err on the side of caution and to eliminate any possible risk to performers, FSC called for an industry-wide moratorium Sunday night. This moratorium should remain in place until primary reports of any exposure are confirmed. In the event of the necessity for first and second generational testing, a list of any individuals that may have been exposed will be compiled and the moratorium will then be evaluated by our medical and legal advisers, as well as industry stakeholders. At this point, there is nothing to suggest that any individuals that may have been affected have performed in California.

At this point, FSC does not have an authorized information confirming that a performer or any performers have tested HIV-positive.

The incident occurred outside of California; however, the Los Angeles production community has voluntarily submitted to the moratorium as an appropriate response to the current situation. At this point there is nothing to suggest that the occurrence has affected the Los Angeles-based industry, but producers, agents and performers are cooperating in order to uphold health & safety protocols.

Due to the closure of the AIM clinic in May, FSC developed the Adult Production Health & Safety Services program – which was launched on August 1 – to fill the gap left for performer testing. Because of the newness of the APHSS.org program, FSC was in the process of signing up performers, producers and agents to the program, when the possible exposure occurred. The APHSS.org program implements industry-appropriate standards for exposure protocol and other health & safety guidelines.

The industry has had a successful system of health & safety self-regulation since 1998, despite any misinformation being spread by our opponents. It is an unfortunate fact that the closure of AIM was, in large part, due to relentless litigation against the clinic (as well as many other industry businesses) by AIDS Healthcare Foundation.

In fact, AHF has done more harm than good by their efforts to force regulations, with no interest in the well-being of adult industry performers. FSC and industry stakeholders have worked to ensure the well-being of any individuals that may have been affected by this latest possible occurrence, and will continue to do so into the future.

Updated 08-31-11

(Graphic: Courtesy of Tokyoship)

IFFOR… Don’t Kid Yourself

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 on IFFOR.org.  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 (iffor-bylaws-26jul10-en.pdf), 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.

 

By FSC Executive Director Diane Duke

(Photo: Courtesy of Smial)

FSC Urges Adult Trademark Holders to Protect Brands from .XXX with Letter of Notice for ICM Registry

A letter template has been created by Free Speech Coalition (FSC) for adult online business owners to send to ICM Registry, to demand that their trademarks be protected from sale on .XXX domains to third parties.

The “letter of notice” informs ICM Registry – operators of the .XXX domain – that the sender will consider any infringement on their trademark as potentially actionable. The letter also clearly states concerns about potential anti-trust issues and unfair businesses practices on the part of ICM, as well as the certainty of cyber-squatting and other exploitation of established trademarks in the .XXX domain.

“This template provides adult businesses which do not want the risk of participating in the precarious .XXX experiment with a path to protect their intellectual property and valuable brands,” FSC Board Chair attorney Jeffrey Douglas said. “This template should be discussed with their lawyers and adapted to their needs, but it can be a valuable tool to prevent the damage to their long developed good will and valuable web names.”

The letter template can be downloaded in a Word doc or a PDF version through links at the bottom of this post.  Addressed directly to ICM CEO Stuart Lawley, the letter can be sent to ICM Registry’s address in Florida.

“FSC is inviting adult businesses to put ICM Registry on notice that they do not have permission to sell the .XXX version of their trademarked names and brands,” said FSC Executive Director Diane Duke. “It is critical that ICM Registry understand that the adult community will not tolerate ICM’s business model, which is built on frightening existing adult companies into paying ICM in order to protect their brand and trademark.”

Adult companies that have already issued demands to ICM Registry to protect their trademarks from infringement include Hustler/LFP, Manwin, Pink Visual and AEBN. FSC encourages all adult online businesses to be pro-active and to put ICM on notice concerning any infringement of trademarks.

Currently, ICM is offering “sunrise” period pricing for adult and mainstream businesses willing to pay to block sale of the trademarks in the .XXX domain. The letter template refers to sunrise period blocking practices as “inadequate,” and that ICM is not relieved of liability in the event of trademark infringement or other possible intellectual property violations.

Recent reports indicate that only 20 percent of businesses registered for .XXX domains are adult-related.

FSC urges all adult online businesses to stay .COM and say NO to .XXX – bad for the Internet and bad for your business.

Letter Template – Trademark Protection Letter of Notice, pdf

Letter Template – Trademark Protection Letter of Notice, Word doc

 (Photo: Some rights reserved by Gama Man)

APHSS.org Legal Advisor Sends Letter to LA City Attorney Protesting Actions by Cal/OSHA, AHF

APHSS.org Legal Advisor and attorney Karen Tynan has issued a letter to the Los Angeles City Attorney Carmen Trutanich challenging actions by health & safety regulatory agency Cal/OSHA. The state agency recently sent a letter to the LA City Attorney allowing the city to enforce mandatory condom use through film permit requirements for adult productions.

“When I saw that counsel for Cal/OSHA was advising the City of Los Angeles to jump into this issue, I was appalled,” said Tynan. “I don’t see Cal/OSHA writing to the city council of Bakersfield or Fresno imploring those cities to write regulations on heat illness to protect the field workers, so why is Cal/OSHA taking this position on condoms?  This is another glaring example of the politics, judgment, and discrimination that swirl around the condom issue.

“I certainly hope that the Los Angeles City Attorney and his staff attorneys can cut through the misinformation and propaganda that continues to pour forth from AHF and their allies,” Tynan added.

In the letter, Tynan states clearly that Cal/OSHA’s attempt to hand off regulatory enforcement to local agencies is unprecedented on a legal basis, allowing local agencies to enforce health & safety regulation without clear authority to do so.

Also, Tynan points out several conflicts of interest raised by the relationship between the Cal/OSHA and nonprofit HIV organization AIDS Healthcare Foundation (AHF), including evidence that shows that AHF has provided expert witnesses and its own physicians to give testimony in proceedings regarding adult industry health & safety, while adult industry stakeholders had limited opportunities to present testimony or counterpoints to the data provided by AHF.

FSC, as the adult industry trade association, commissioned a report from respected biostatistician Lawrence Mayer MD, MFA, PhD, debunking the methodology used to analyze the data presented by AHF and showing that statistics used by AHF are inaccurate. That report was entered into record at the most recent Cal/OSHA meeting regarding adult industry health & safety.

“Since 2009, FSC and industry stakeholders have been working cooperatively with Cal/OSHA to arrive at industry-appropriate regulations for health & safety, so we are surprised at the latest developments,” said FSC Membership/Communications Director Joanne Cachapero. “Frankly, it’s shocking that a state agency would take action allowing the issues to become further politicized. The letter from Cal/OSHA to the LA City Attorney seems to indicate bias. It appears as if Cal/OSHA has decided to align their actions with Aids Healthcare Foundation’s continuing anti-industry campaign to mandate condom use on adult production sets.”

FSC recently launched the APHSS.org database program to uphold policies and protocols for health & safety on adult production sets. The program was developed to replace the gap left after the closure of the AIM clinic. The APHSS.org Advisory Committee is made up of performers, producers and agents, with Tynan serving as legal advisor. FSC and APHSS.org continues working toward industry-appropriate health & safety regulations on behalf of its members and industry stakeholders.

For more information on FSC or APHSS.org, contact joanne@freespeechcoalition.com or (818) 348-9373.

Tynan’s Letter re DOSH Revised

Dr Mayer report FSC AFI STI 06-03-11

(Photo: Some rights reserved by Horia Varlan)

APHSS.org Announces Advisory Committee Members

CANOGA PARK, Calif. — Adult Production Health & Safety Services (APHSS.org) is very proud to announce appointees to the APHSS.org Advisory Committee.

The performer representatives are Jessica Drake, Bobbi Starr, Danny Wylde and Steve Cruz. Producer representatives are Dan O’Connell (Girlfriends Films) and Steven Scarborough (Hot House Entertainment). Performer Nina Hartley will serve as Educational Advisor, and attorney Karen Tynan has been appointed as Legal Advisor.

The appointees have agreed to a six-month term, as the APHSS.org program is launched and in its initial stages. The responsibilities of committee members are to provide insight and feedback on policies and operation of the APHSS.org. They also will help develop resources for the program to benefit performers and producers.

“This committee is the first of its kind, to allow industry members to have a part in creating a system of self-regulation to uphold health & safety standards for adult productions,” FSC Membership/Communications Director Joanne Cachapero said. “FSC, as administrators of APHSS.org, are thrilled to have the input of performers, producers, agents, as well as legal and medical experts to build a solid program to benefit the whole industry. “The members of the committee are well-known in the adult community and active in production,” Cachapero continued. “We could not hope for a better start to APHSS.org.”

The APHSS.org website went live on Monday; performers, producers and agents can go there to sign-up for database accounts and view a listing of testing facilities. As the database becomes stocked with performer data, performers and producers will be able to go there and verify work availability status.

Producers that are participating in APHSS.org include Wicked Pictures, Hustler, Vivid Entertainment, Girlfriends Films, Kink.com, Kick Ass Pictures, Pink Visual, and many more that have signed up since Monday.

“We are starting from scratch with this database, so we need the support of the industry to sign up for this program and we ask for everyone to be patient as we ramp up,” Cachapero explained.

“What’s important to understand is that without this program in place, there would be no protocols for what to do if there is an HIV outbreak or examination policies for new performers, or policies for medical follow-up for any affected performers,” Cachapero continued. “In fact, without a strong system of self-regulation, the door is open for anti-industry zealots to impose over-burdensome and oppressive regulations on adult performers and the industry.

“Especially with regards to the challenges presented to the industry by organizations like AHF, it is important to be pro-active about self-regulation. It may cost the performers an extra $50 a year, but with that investment, you are supporting your own well-being and the business interests of the industry. So, we are grateful to the Advisory Committee members for volunteering to help with these efforts.”

For more information about APHSS.org or FSC, please contact joanne@freespeechcoalition.com.

(Graphic: Some rights reserved by Lumaxart.com)

Note: Some links for Committee Members posted above are NSFW

Morality in Media Throws casting.xxx a Housewarming Party

On Tuesday night, the .XXX domain made a rather inauspicious debut with its first live website, casting.xxx. Please, feel free to visit the site on your own – or not.

Casting.xxx is the first site to roll out under the “Founders” program for the .XXX domain, which offered 35 webmasters the opportunity to get the jump on 1,500 addresses. The implied benefit of being a “founder” was that you would have an opportunity buy some pretty prime .xxx real estate and be the first to get at some good names.

Not sure what to expect, we visited casting.xxx. We didn’t notice any extra security measures for age verification – in fact, not even an RTA banner. There was the standard 2257 compliance, a rather long disclaimer instructing the viewer that they must be 18 to enter, and a rather simple mouse click allowed us into the site. Inside, a very clean-looking hardcore amateur site with a casting couch motif. The affiliate program was not yet available and the name of the registered owner was nowhere to be found.

But Domaincite.com found it. Here’s what they had to say about the parent company of the newest stop on the Internet:

“Casting.xxx is registered to a Really Useful Ltd, which appears to have been set up purely to build sites on .xxx domains, of which casting.xxx is the first of several.”

So, the company was created to build sites specifically for .XXX and it looks like they may be founding their own affiliate program.

What else should we say? What else can we say? Just what you need in this economy – more competition.

FSC opposes the .XXX domain and urges all adult webmasters to STAY .COM. The domain will fragment the Internet; put adult sites into a content-based category that encourages censorship by anti-adult entities; makes it easier for underage users to find adult content online; and will cost adult webmasters and trademark holders MILLIONS in unnecessary fees. Bad for the Internet – bad for business.

Ironically, just days after Casting.xxx moved in, ICM Registry received a housewarming gift on behalf of the entire .XXX domain. The folks at Morality in Media, today, called for a Federal investigation of ICM Registry and all those involved with the .XXX domain.

Welcome to the neighborhood, y’all.

And for the record; FSC also opposes Morality in Media’s month-long anti-pornography “Porn Harms” campaign. – jc

APHSS.org Program and Database Launched

Free Speech Coalition (FSC), the adult industry trade association, has announced the launch of the Adult Production Health & Safety Services (APHSS.org) program and database.

APHSS.org was created to fill the gap left by the closure of the AIM clinic and to carry on health & safety protocols for adult productions. The program and database were developed by FSC, working with legal and medical experts, industry members and Internet technology consultants.

“Our number one priority is the privacy and well-being of performers, as well as continuing health and safety standards for the protection of adult productions,” FSC Membership Director Joanne Cachapero said. “We would like to thank FSC Board members Peter Acworth, Christian Mann and Alec Helmy for their time and effort in creating APHSS.org. Furthermore, we are very grateful to Dave Astels, who generously donated his time and database expertise to work with our IT team. We also thank all industry members that attended FSC meetings and offered their input to help develop APHSS.org

“FSC would like to acknowledge the testing facilities working with APHSS.orgincluding AMTC, Primex Lab, LabTest LA, and the Healing Wave Center for reaching out to the adult community, to provide reliable health services both locally and nationwide,” Cachapero added. “And we would like to recognize AIM for many years of service to the industry.”

Performers, agents and producers can go to http://www.APHSS.org and click “sign-up” to be led through a simple registration process. Other information that is available at the website includes links to testing facilities, FAQs and contact information. Users are encouraged to view the FAQs on the website.

As with any new system, users should be aware of small glitches. When signing up, users should receive a confirmation email, but some have indicated that the emails went to their spam folders; please, check there if you sign-up and don’t receive an email. For any questions or if you need assistance in accessing your account, please contact joanne@freespeechcoalition.com.

“We’re starting from scratch with this database so we really need the support of performers and producers to get signed up. We already have the support of major industry producers including Wicked, Vivid, Hustler, Adam & Eve, Kink.com, Girlfriends Films, Pink Visual and Manwin producers, and we appreciate their recognition of the need for this resource. We will be working closely with the LATATA Organization and industry talent agents, to make sure to have their input for the program. We also want people to know they can contact us if they need assistance with any issues.

“Once we have the database populated, and as performers use APHSS.org testing facilities, data will be updated and users will be able to verify work availability on the site; this will take some amount of time, before the database is populated with information, as people start to use it. If anyone encounters any questions or issues, they can contact me directly. We also will have a Twitter feed @YourAPHSS,” Cachapero explained.

For two months, APHSS.org will be accessible free-of-charge, in order to give users a chance to get used to the new format and for the database to become fully populated. After the initial period is over, performers will be charged an yearly fee of $50, and producers will be charged monthly, to use the database. Funds from those fees will go to expenses for APHSS program and website operations. Eventually, APHSS.org also will add educational resources for users, to keep industry members up-to-date on health & safety-related information.

APHSS.org also will include an Advisory Committee made up of medical & legal experts, as well as performer and producer representatives. Appointees to the Advisory Committee will be announced next week.

“The purpose of APHSS.org is to pick up where AIM left off and to improve on the resources that AIM provided. APHSS.org not only will uphold the protocols and procedures necessary to self-regulate adult industry productions, but also provide performers with options for healthcare, with facilities that are sensitive to their needs,” Cachapero said. “This is a tight-knit community – with the proper resources, it will pull together to be pro-active and continue industry-appropriate standards that allow adult productions to operate in the safest environment possible.”

For more information on APHSS.org or FSC, please contact joanne@freespeechcoalition.com.

(APHSS.org logo courtesy of JasonHarter.com)