Quick Index
 Adult Industry News
Search AINews Database
Type Keyword or Phrase Here
Are you TOUGH ENOUGH for Joanna Angel? EXPO 2014, August 24-27, Mandalay Bay, Las Vegas
   
 

Front Page
Film News
Media News
Business News
Clubs & Appearances
Law & Politics
Internet & Mobile News
Lifestyles Arts Health Charity
Letters to the Editor
Columns
Movie Spotlight Reviews
Interviews
Pornstar Pages
AINews Staff
Ad Rates
PR 101: Press Release Service

Caliente Swinger Vacations!

Eva Angelina at Twistys

April 16, 2003 12:12pm
New Dangers Running Home-Based Adult Website
Source: FirstAmendment.com
by: Lawrence G. Walters

A disturbing indictment has recently been filed against a husband and wife involved in a home-based adult Website business, along with their webmasters. Mike and Sharon Corbett face federal obscenity charges as a result of the alleged production, and distribution via the United States Mail, of adult video content featuring scatological activities.

While the initiation of federal obscenity charges, after many years of peace at the federal level, is itself disconcerting, it is critical that home-based Webmasters be aware of the forfeiture argument that the Government is asserting in this case.

The Indictment filed against these individuals seeks forfeiture of certain property based on conspiracy to commit obscenity violations, pursuant to 28 U.S.C. � 2461(c), 18 U.S.C. � 981(a)(1)(C) and Rules 7(c)(2) and 32.2(a) of the Federal Rules of Criminal Procedure. The Government seeks to forfeit "any property, real or personal, which constitutes or is delivered from proceeds traceable to such [obscenity] offense, including, but not limited to" cash proceeds derived from the conspiracy and the couples' residence in West Virginia. The Government's theory is that the home was used to facilitate the alleged offenses, so it is therefore subject to forfeiture. In the event that this property cannot be located or has been transferred, substantially diminished or commingled, the government seeks to forfeit "any other property of said defendants up to the value of said property listed above as being subject to forfeiture."

Prior to the proliferation of adult Websites, adult content production facilities were usually located in a commercial space, and not operated out of a house. However, technological advances have allowed adult Internet businesses to be efficiently run from a residence, thereby alleviating the additional expense and overhead associated with commercial facilities. What has been overlooked by many webmasters in establishing a home-based adult Internet business is the potential for forfeiture of any assets traceable to criminal law violations. An adult webmaster's home is not safe if the operation is run from the residence. This concern is complicated by the fact that webmasters are required by Title 18, U.S.C. � 2257 to conspicuously post the name of a records custodian on their Website, and an address where age records can be found. Many Webmasters have no other option but to list their home address as the records location. This provides the government with key information regarding the location utilized to potentially commit obscenity offenses.

It is critical to evaluate the implications of running a home-based adult content production facility or adult Website. While commercial space may be costly, operating an adult facility from a residence may subject your home to potential forfeiture, in the event of a successful obscenity prosecution. If you have any questions or comments regarding the issues raised in this article, please contact your personal attorney.

Lawrence G. Walters, Esq., is a partner with the law firm of Weston, Garrou & DeWitt, which maintains offices in Orlando, Los Angeles and San Diego. Mr. Walters represents clients involved in all aspects of adult media. The firm handles First Amendment cases nationwide, and has been involved in significant Free Speech litigation before the United States Supreme Court. All statements made in the above article are matters of opinion only, and should not be considered legal advice. Please consult your own attorney on specific legal matters.

You can reach Lawrence Walters at Larry@LawrenceWalters.com, FirstAmendment.com or AOL Screen Name: "Webattorney."

Lawrence G. Walters
Weston, Garrou & DeWitt
FirstAmendment.com

Are you TOUGH ENOUGH for Joanna Angel?

Related Stories

Related Sites - WARNING! Graphic Content

Casey Cumz 03

See BiBi Jones at Digital Playground

Top Stories

Cherie Deville Returns

Alana Evans at WonderCon

Risque Starr Sisters Parties

Natasha Voya PSK

The Sexual Liberation of Anna Lee ~ Reviewer Rated

Carter Cruise at Exxxotica

Belle Knox at Exxxotica

Rock'N'SeXXXy & Hustler

Puma Swede Opens Desire

Nikki Phoenix XRCO Nom

Maddy O'Reilly is Slutwoman

Alex Chance jGrrl

Tony Batman Conquers LA

Alexa Aimes NYC Tour

2014 AVN News Rack Part 2

Roxanne Rae Available

Minka Karaoke XXX

Rio Lee Heads Cherry Pimps

Immoral Mayhem

XRCO Sponsorship Opportunities

Rotten Hosting Vivid Radio

Cherie Deville Available

Tony Batman Crazy Appearances

Inside The Industry 03/19/2014

Chanel Preston Interview

Alicia Silver Productions Content

Adrianna Luna Dance Dates

Entertainment is Entertainment is Entertainment

Inside The Industry 03/12/2014

Maryjean on Artie Lange

Naomi Knight at Mansion

Bridget the Midget at Trixie's

Tory Lane Heads Cherry Pimps

Maryjean Available in LA

Bella French on Ginger Lynn

Kelly Shibari's Steak & BJ

Southern Somer Karaoke XXX

Belle Knox: Feminist Revealed

More
Stories From

Law & Politics

Farrah Superstar Airs

AHF Against AB 999

CraigsErotica Letter to Senators

Amazon Crushes Small Business

Letter of Equality

ASACP Service Recognition Award

Suit Filed Challenging Measure B

ASACP Ready For Internext

Octomom Loses Civil Suit

ASACP at XBIZ 360

Crakmedia ASACP Corporate Sponsor

Mo Reese Statement

CAM4 Newest ASACP Sponsor

Mo Reese FSC Nom

Amber Lynn Seeks FSC Board

Suit Against Measure B

Law Puts Con in Condom

No on B: Here's Why

NO on B Campaign

NO on B Bus Tour

GFY: Vote No on B

Margold on Erection Election

Alex Chance in Documentary

Yahshua: No On B

No On 35 Rally

Why No On B

Measure B Threatens Freedom

Measure B Protest Video

No On B Raffle

Alia Janine: No On B

AHF Vilifies Porn

No on B Event

Alia Janine Against Measure B

Fight Measure B

Takedown Piracy Removes 10,000,000

John Stagliano Keynotes CatalystCon

Hirsch Blasts Trueman

Hirsch Cautions GOP

LATATA Files Injunction

Child Porn Hotline Increased

Vette Scores on AFF

Nicole Houde Assault Arrest

YouJizz Sued

Dickinson Defends Travolta

Kardashian/Humphries Divorce Deposition

Three Stooges Porn Controversy

Suing: Wasn't Sexy Enough

Lords of Acid Censored

Nate Glass on CNBC

Law & Politics Section Index

     
Copyright © 1998 - 2014 Adult Industry News (AINews.com)
All materials constituting text, articles, press releases, stories, columns, photographs, graphics, and code on the AINews.com domain are protected by copyright, and either owned by Adult Industry News (AINews.com), or reproduced with permission from other copyright owners. It may be downloaded and printed for personal reference, but not otherwise copied, altered in any way, or transmitted to others, without the written permission of Adult Industry News (AINews.com).