ACLU Has Big Win Over Cal-OSHA Protecting Performer Privacy

October 28, 2011

Alameda Superior Court Judge Winifred Smith has ordered a permanent injunction preventing Cal-OSHA from obtaining the personally identifying information of “Patient Zero” or other patients of AIM.

The injunction was broadly worded and is a huge defeat of the California state agency’s efforts at obtaining the medical records and identifying information of adult film performers.

Karen Tynan, attorney for AIM explained, “Judge Smith was very specific in requiring Cal-OSHA to obtain performer permission and authorization before seeking HIV test results or personally identifying information. It is bittersweet after this lengthy fight and all that has happened in the last two years. Judge Smith made the correct ruling and the medical records of performers and performer medical privacy has been recognized as requiring protection from intrusive subpoenas of Cal-OSHA.”

Tynan expressed her gratitude to the Southern California ACLU office and Lori Rifkin who represented “Patient Zero” and obtained the original preliminary injunction in July of 2009.

At the time of the temporary injunction, a Cal-OSHA spokesperson had stated that the state regulatory agency had sought personal records for Patient Zero in order to identify the patient’s employer, in an effort to investigate working conditions at the company. In the original ruling, Judge Smith stated that Cal-OSHA , “has not demonstrated, by evidence or argument, a compelling need for the information sought in the subpoena.”

Patient Zero was diagnosed HIV-positive in June 2009, however no other performers were found to have contracted the virus as a result of the incident.

(Photo: Courtesy of GlenTamara)


Check Us Out! New Look for FSC X-Press Newsletter

October 21, 2011

Free Speech Coalition is proud to announce we have revamped the weekly X-Press Newsletter. As of Oct 21, we will launch the newly formatted e-newsletter. The X-Press, which is a popular resource for FSC members, will be more user-friendly and easy to navigate.

We also are proud to announce that adult online B2B publication YNOT is sponsoring distribution of The X-Press through its new YNOT Mail service. Developed to serve the email needs of the adult community, YNOT Mail is a fully-hosted solution for email marketing, for adult industry businesses.

“Previously, we were with a well-known, mainstream email service and not too happy with them,” FSC Membership/Communications Director Joanne Cachapero said. “YNOT told us about their new email service. They have always been solid supporters of FSC and we would rather use industry-based businesses whenever we can, so we were thrilled to move our email campaigning to YNOT mail.

“YNOT Mail is very easy to use and they provide excellent customer service,” Cachapero added. “Adult industry businesses looking for an alternative to mainstream email services should check out what YNOT Mail has to offer. We really appreciate all the help they’ve given us.”

Because we will be launching from this new platform, all active FSC members will be sent the newsletter on Oct 21:

  • If you do not receive the X-Press newsletter on Friday, please check your “spam” box. If the newsletter is sorted to your spam box, but you wish to receive it, please check “not spam” to enable delivery to your in-box.
  • The X-Press newsletter also will have an “opt-out” option for those that choose not to receive it.
  • If you are a FSC member and you do not receive the X-Press, but would like to, please contact (818) 348-9373 or joanne@freespeechcoalition.com.
FSC is committed to bringing its members up-to-date information on FSC and adult industry business news. The updated X-Press is the latest component of communication with members.
  • Remember to visit the soon-to-be-revamped FSC website at FreeSpeechCoalition.com.
  • Follow us on Twitter @FSCArmy, or on Facebook under “Free Speech.”
  • Also, please, subscribe to the FSC Blog for the latest issues and opinions from FSC.
  • For advertising opportunities in The X-Press, or on the FSC website, please contact joanne@freespeechcoalition.com.

FSC appreciates the support and contributions of all its members; without YOU we could not continue to provide services and resources to adult industry businesses. Thank you, and enjoy the newsletter.

(Graphic: Courtesy of Moini)


Buyers Beware: FSC Guide to Purchasing .XXX

October 12, 2011

Free Speech Coalition has released an “Adult Business Guide to .XXX,” in an effort to spread awareness of important information to any online business owners that may be considering purchase of .XXX domains.

FSC has opposed .XXX domains for nearly a decade. Recent discussions with online business owners indicate a need for clarification of the .XXX registration process. Confusion and mixed messages given by ICM Registry (ICM) and its registrars about pricing and the application process have created a difficult situation for adult online business owners. Buyers Beware! FSC created this guide to help you read the fine print and understand the scope of your purchase.

“It is important for adult businesses to be able to see through all of the smoke and mirrors provided by ICM and some of it registrars. Hopefully, this guide will help business owners get to the truth,” FSC Executive Director Diane Duke said.

This quick guide will:

1. Show registrars’ prices for:

  • The first year for Sunrise AT – for trademark owners attempting to purchase their trademarked name.
  • The first year Sunrise AD – for adult businesses wishing to purchase a .XXX domain name that it owns in another TLD.
  • Sunrise B – for businesses adult and non-adult that wish to block their .XXX trademarked name.
  • Landrush – 18 days starting on November 8, 2011; during this limited period, only those members of the adult “Sponsored Community” can apply for .XXX domain names.

2.   Highlight ICM policies that businesses should read and understand prior to filling out any application.

3.   Educate potential buyers about the contributing factors to likelihood of a rapid decline in the value of any .XXX domain name.

Adult online businesses should be aware that registration fees for .XXX addresses are NON-refundable. If an application is rejected, fees will not be returned and you will not be registered for a .XXX address.

Important points for adult business owners also include defining what ICM and its affiliated registrars may recognize as a “trademarked” name.

For example, if you have trademarked “SexyChicks.com,” under Sunrise AT and Sunrise B, you do not have preferred status for purchasing “SexyChicks.xxx.” You would only be able eligible to buy or block “SexyChickscom.xxx.”

Also, domain names that adult businesses thought they had rights to may have been reserved by ICM for auction to the highest bidder.

In a recent debate between Duke and ICM CEO Stuart Lawley, many detail of .XXX registration for adult online businesses were discussed. While Lawley provided general answers to questions on policy by-laws and contractual clauses for .XXX, he was unable to clarify many points for Duke and those in attendance.

At one point during the debate, the CEO of DomainMonster states that .XXX domains will cost $79 per year if purchased through his company, correcting Duke for misquoting DomainMonster’s price. What he failed to add is that the $79 price is available only under the “General Availability” period, for those willing to sign a 25-year contract.

FSC reminds all adult online business owners – buyers beware.

You can download FSC .XXX Guide here in PDF format , or also obtain a copy by contacting FSC at (818) 348-9373, or joanne@freespeechcoalition.com.


FSC’s Diane Duke Debates ICM Registry CEO Stuart Lawley

October 5, 2011

In September, FSC Executive Director Diane Duke debated ICM Registry CEO Stuart Lawley on the topic of .XXX, which was approved by ICANN in March after ten years of opposition from the adult industry. The debate, which was a featured event at the inaugural XBIZ EU Summit held in London, was lively.

The audience seems very vocal in support of Duke’s assertions, pulled up one-by-one, from ICM’s own documents, including contracts, by-laws and assorted fine print. Lawley also is quite vocal, and repeatedly points out that Duke is “misinformed” and “mistaken,” in spite of noted documentation. Reading all that paperwork is time-consuming; just last week, registrar EnCirca revealed that up to 50 percent of applications received during the initial .XXX “Sunrise” period were filed with errors. Better read those directions carefully.

When asked how many .XXX domains have been registered defensively (by mainstream and adult businesses that wish to block their trademarks from being infringed upon), Lawley was unsure, but confirmed that sales had exceeded ICM’s expectations. More precisely, Lawley said he didn’t know the exact number because he’s “a busy man.”

Asked why the .XXX domains are so expensive – compared to a .com or .net – Lawley pointed out that other specialized domains also charge increased prices for addresses, e.g., .info, .travel and .mobi. In fact, Lawley cited the other specialized TLDs several times during the discussion.

So, when was the last time you went to a .travel site? Maybe .travel should get a racing boat, because people that like to travel also like boats, right? Hey, wealthy people like speed boats, too – and they probably wouldn’t mind owning some .XXX real estate, right?

According to Lawley, webmasters will benefit from the $20 million in marketing that ICM is going to spend, in the first year (does that include the price tag on Miss .XXX, and what it costs to maintain her with a racing crew?). The ads will be aimed at all the porn-curious consumers out there that have been afraid to visit an adult site for the last 15 years, until .XXX created the new “kinder, gentler porn.”Also, speed boat racing fans.

Lawley has previously been quoted as saying that the reputation of the adult industry has been “tarnished” with consumers. What he doesn’t understand is that “tarnished” is what drives adult entertainment. It’s supposed to be naughty, edgy and taboo. That’s why conservatives hate it; because pornography is, by its nature, a little subversive.

Part of the promotion campaign, according to Lawley, will be ads on media outlets that weren’t approachable prior to .XXX. He pointed out ESPN.com, and Time.com. But has he checked with their conservative investors?

Disney owns 80 percent of ESPN – what’s gonna happen when Morality in Media, hordes of pissed-off soccer moms and pornography addiction activists join to bombard Disney with demands that advertising for “pornography” be removed from their holdings? Heaven knows, Disney owns thousands of trademarked brands – wonder if we’ll be seeing TheLittlePrincess.xxx anytime soon?

Time Warner owns HBO and Cinemax. Are they going to be anxious to advertise a controversial online platform for adult entertainment, that competes with their own adult distribution and threatens their PPV revenue?

And Lawley claims to have had no contact from animal activist nonprofit Peta, about their planned adult site. If that’s true, then maybe ICM Registry should hire Peta’s pr agency.

So, if what Lawley is actually implying is that adult e-commerce and adult sites have been perceived as vectors for malware and other shady shenanigans, that sort of online consumer naivety wore off about the time everyone gave their info to Facebook.

At the end of the day, the real debate is, what can .XXX do for an adult online business that a .com cannot?

Do you need to have your sites scanned daily for malware? Do you need more competition from newbies in the .XXX space? Are you willing to take a chance on being blocked by whole countries, when you’ve already had Net Nanny and RTA on your .com site for years? Do you need a policy council? Do you want ICM Registry to create payment process that involves selling credits to consumers, or does that seem like a conflict of interest, since ICM also has a say in creating policy for .XXX?

And, just on a sidenote – we visited the .XXX sites that have gone live, that could be found only by going to the ICM website. Casting.xxx, which launched first, finally got their age verification page set up. But not so at VOD site anywhere.xxx, where you can go straight to hardcore images. It’s a little confusing – whether we’re supposed to be preventing kids from accessing adult online material, or… In any case, the sites are simple, not many bells and whistles – like sites used to look when there were still plenty of newbies trying to get into adult online.

And then there’s Desi.xxx, which is a sexy chat forum for folks from India, Pakistan and Bangladesh. Guess they didn’t get the memo that India was the first country to block .XXX, less than five days after it was approved. Still, the site is quite tame – except for the banner advertising ILoveInterracial.COM.

(Video: Courtesy of XBIZ.com)