Sunday, May 29, 2011

Eleven Days To LA Porn Judgment Day: Danny Wylde Makes The Definitive Case Against Condom Mandate...But Will It Matter?

Well...eleven days from now, on June 9th, Cal-OSHA will have their hearing where more than likely we will see the first action to impose the dreaded condom mandate on porn shoots.

On the eve of such, Danny Wylde -- bi porn performer and filmmaker -- just posted over at his Trve West Coast Fiction blog an extended essay post that restates the case against the mandate and for personal performer choice. His words probably will fall on deaf ears, given the collusion between Cal-OSHA and the AIDS Healthcare Foundation in developing and boosting the condom mandate, but at least it gives those of us hope that at least some truth will be given a hearing.

The full essay can be found here; but here are some snippages for langiappe.


I wrote a blog entry in October, 2010, titled, “Protection.” In my post, I stated (in regards to the fear that condoms might hurt sales), “It's a little difficult to confirm this speculation given that few productions have tested the waters.”

Well, it turns out my statement was false. Production companies ave tested the waters. It just happened prior to my involvement in the industry.

During my interview with former AVN editor and current adult producer/director/cameraman, Eli Cross, he told me that shortly after the 2004 HIV outbreak, “All the companies went condom only. Well, the only one that has survived shooting condom-only is Wicked, and Wicked only survived shooting condom-only because Wicked's not really in the business of shooting porn. Wicked is in the business of making these big budget movies that they can sell as R-rated, straight-to-video features in Europe, and in India, or wherever. And that's how Wicked survives. Nobody buys Wicked movies here. You know why? People don't want to see condoms in their porn. In straight porn, they don't want to see condoms.

Everybody tried it, and nobody bought the movies. And the problem is, it's not like we can just say, 'All porn is going to be condom only.' Guess what? Europe is never going to shoot with condoms. It's not going to happen. Suddenly now, miraculously, European porn was outselling American porn, three, four, five to one. Nobody went back to shooting without condoms because they wanted to. They went back to shooting without condoms because they had to.”

I've since heard this claim repeated by several other industry professionals who out-rank me in industry experience. And while there are no financial public records available for adult industry production companies, I have no reason to distrust these people. If anything is at stake, it's their jobs. I have a hard time believing that, beyond financial incentive, producers have some malicious intent to prevent performers from using condoms.

 Wylde's essay also includes an extended quote from Nina Hartley (actually, not from her blog but from her site journal from back in 2009 during an earlier HIV porn "outbreak"), which dispatches the practical reasons why many performers oppose mandating condoms during porn scenes.


“In a nutshell, performers as a rule don't care for condoms for several reasons. For most of the men (with few exceptions), condoms make for a very-much-more difficult scene; just one more huge distraction to add to the host of other ones on the set: uncomfortable set, no chemistry with the female player, asshole director, late/early hours, too hot/cold, bad food, personal issues, etc.

For the women, there are just four words: rubber rash/friction burn. Not only do I have to work harder for him to feel anything, the scene takes much longer to get through, with the changing out of condoms, needing to give the guy a break and suck him again, and the total passion-killer that is on-set condom use. It's hard enough to create a real connection, so the scene doesn't feel to the viewer like we faxed it in, on a set as it is. If all of our energy is focused on our working parts, there is none left over to actually connect and show a spark, which is what the people at home want to see...

...I know it sounds harsh, but it's not porn's job to set a good example to the viewing public. It's an entertainment medium like anything else out of Hollywood, and mainstream entertainment is not held up as needing somehow to set a good example. It's a shame that our country does such a piss-poor job of educating its young people so that they're driven to view porn to try to get a clue about sex. Except when a movie is expressly done as education-the Guides, Tristan Taormino's movies, etc., their job is to arouse and entertain, period...

...Porn is pretty safe. If a player says "no" to the most egregiously stupid acts (cream pies, whether anal or vaginal), then he or she is unlikely to get a deadly disease at work. People do get the non-lethal ones, but they get treated, as do their partners, and they get to work again when their new test comes back clean.”
Once again, I strongly recommend you read the entire post over at Danny's blog. It's long overdue.

Tuesday, May 3, 2011

Presente, Adult Industry Medical Foundation (AIM); Sexual Swiftboating Finally Claims Its Victim

Well..the other shoe finally dropped.

One of the most direct ironies was that it was Violet Blue (the sex blogger notorious for taking the name of a porn performer) who passed on the fatal news today.

Nevertheless, here's how she reported the story of the shutdown of the AIM clinics:

AIM (Adult Industry Medical) Healthcare Clinic Shuts Down


Porn performer  Juliette Stray just tweeted about the sudden closure today of AIM (Adult Industry Medical) Healthcare Clinic. According to  Raincoat Reviews, the Free Speech Coalition (a porn industry legal org) called an industry and member-only meeting last Friday to discuss Workplace Safety, Performer Testing. As you can see by Sarah Shevon’s tweet, only seven porn performers attended the meeting. Apparently at the fateful meeting, they quietly decided to abruptly close the clinic responsible for standardized STD/STI testing, health certificates and community testing enforcement in the mainstream adult industry. AIM was also used by non-porn people for its top-rate tests and fast results.

AIM has not issued a press release nor made any comment or hint on their website that they have closed. Disturbingly, their site AimCheck.net has been taken offline. This means anyone who had good tests can no longer access the test results or have them accessed – the online proof and verification of having clean tests is gone. AIM’s Get Tested link is also broken.
 Considering everything that has happened to them: the HIV scares of 2004, 2009, and 2010, the continuous assaults on their integrity by the likes of the LA local health care establishment, Michael Weinstein's AIDS Healthcare Foundation, the antics of the Pornwikileaks crew in hacking their database and revealing sensitive information, and antiporn activists such as Shelley Lubben and Gail Dines wanting to blow up the testing regime that had worked pretty well to contain sexually transmitted infections amongst the performing community, it's hardly surprising that they would be able to withstand such pressures for too long.

It doesn't make the news any less saddening or tragic, because it shows beyond doubt what a scare campaign built on nothing but fear and lies can do when not directly confronted.

Far worse, though, is the "I got mine, and fuck everyone else" mentality that seems to have infected members of the performer/producer industry when it comes to protecting their rights. Only six performers could be induced to attend a meeting on their very survival as an industry???

In any case, I'm sure that the champagne bottles are popping over at Mike Weinstein's place, since it's a given bet that they will be able to exploit the chaos of not having a standardized testing regime for STI's (though Talent Testing Services is well positioned to take over AIM's duties for the moment) to continue their push for mandating condoms in all porn scenes. I'm just as sure that the tube sites will be celebrating as well, because all this will do is increase the value of stolen bareback scenes ripped to tube sites and stored on PC's and servers, and force performers and producers into venues of less protection and greater risk.

But who the fuck cares, I guess?? Such are the wages of sin..or at least, that's how the usual naysayers and trolls will say it. Porn performers are a bit like children, "illegals", and poor Black men: stepping stones to be used for personal gain and money, but not quite good enough to speak for themselves.

Maybe it's high time they organized themselves and demanded to be treated as humans. And, maybe producers might want to take a very long look in the mirror and see what their foolishness and misplaced pride has gotten them, and get back to what got them their audience in the first place.


Update: The Free Speech Coalition just issued this press release at their website regarding the closure of AIM. I will simply repost it in its entirity:


FSC Responds to Closure of AIM

Last week Free Speech Coalition (FSC) was made aware that AIM Medical Associates (AIM) was in danger of closing its doors. In order to avoid a significant gap in health services for performers, FSC has drawn up preliminary strategies to fill the gap with possible options for performer testing protocols. The FSC Board of Directors will meet tomorrow for an emergency meeting to consider options.

“It is our understanding that AIM is now closed. Our hearts go out to AIM and its dedicated staff. We know that it has been a very difficult time for them,” FSC Executive Director Diane Duke said. “Rest assured that FSC is committed to making sure that the industry and its performers are well-protected.”
Last Friday, FSC conducted three separate meetings for producers, agents and performers to gather feedback and discuss options with industry stakeholders. The response from those meetings was successful in gathering suggestions from industry members on which options to pursue and for taking action.

AIM has suffered a two-year campaign waged by AIDS Healthcare Foundation (AHF) and is currently a defendant in litigation associated with AHF involving patient medical privacy. AHF also has struck out at several companies and talent agents in their attempt to mandate condom use on adult sets.

FSC has been working with industrial safety regulation agency CalOSHA to develop industry-appropriate regulations for adult production sets. The next CalOSHA Committee meeting addressing regulations for the adult industry will take place in Los Angeles on June 7. The meeting is open to the public, and scheduled to be held at the CalTrans Building in downtown Los Angeles, at 100 Main Street (at the corner of 1st and Main).

 

Saturday, April 23, 2011

We Saw It Coming

This summary is not available. Please click here to view the post.

Monday, April 11, 2011

Why Porn Performers Deserve Their Humanity: The Fakery of Porn Wikileaks/Donny Long And The Arrogance Of Slut Shaming

[Originally posted over at my Red Garter Club 3.0 blog; reposted here with slight editing. As always, the views reflect my personal views and no one else's...unless you happen to agree with them. :-)] 

I have been a commentator and fan of the adult sexual media for pretty close to 10 years now.

I've seen porn starlets and stars come and go; some better than others, some prettier than others; some more successful than others.

Some get in it for the quick thrill of the fast money and the easy sex; then fade out never to be heard from again. A few stick around avd become professionals, even icons, whose personas and performances become frozen into the deepest fantasies of fans forever.

A few do become victims of their successes, getting caught up in the fast life of too much money too quick, and they suffer the consequences of their excesses.

Most of them, though, generally make their money, do their damage, live out their fantasies and dreams, and then decide that they've done enough and move on to different phases of their lives...attempting to become just regular folk living their lives.

Of course, the stigma attached to performing active sex on stage or screen or online follows them throughout the rest of their lives. It can be anything from a positive that drives their ambitions, to an albatross that feeds popular prejudice that denies them more "legitimate" employment.

In a truly progressive and sane world, their profession wouldn't even matter...they would be judged as any other person would ask to be judged: by their deeds and actions and their ethical treatment of people.

Unfortunately, we are far removed from that world...and even in 2011 it is still considered perfectly OK to condemn a woman or a man (mostly, the former) for having a sex life not redeemed by the usual conservative stereotypes.

Such is the case with the practice of "forced outing" a performer who would rather keep her/his private life/information out of publc view.

Forced outing is an issue that has long vexed sexual communities; with the conflict between exposing the hypocrisy of those who publically condemn and seek to repress nonviolent, consensual sexual behavior or media depictions thereof while privately partaking in the same behavior they would condemn in others; and respecting the fundamental right of privacy. It can be a tool of forceful social change when done properly; but it can also be, when taken out of control, a tool of social destruction.

In the case of Pornwikileaks.com, it's definitely the latter, in my view.

Their prototype, naturally, is the highly controversial and successful Wikileaks site that has been both praised and derided for revealing corporate and governmental crimes and misdemeanors.

The Pornwilileaks version, however, has a much darker and more sinister motive....laced with liberal amounts of racism, misogyny, utter hatred of performers...and especially deep, entrenched homophobia.

Their "About" page practically leaps out the page with gay hatred; stating that their primary objective is

“To get the gays out of straight porn and illegal gay pimps that have ruined porn and shut it down making condoms mandatory by the government now. The fag loving has got to stop. California is full of gay Mexicans and now they can even marry which is so wrong.”

Now, all of you know my opposition to the condom mandate as proposed by groups like the AIDS Healthcare Foundation (AHF), and backed by people such as Michael Weinstein and Shelley Lubben.

My opposition is based on respect for the performers' right of free choice and the fact that the existing system of testing and prevention mostly designed and run by AIM has done as effective a job that can be done under the circumstances.  I didn't say that the policy was perfect, only that it was effective, and that forcing condoms down performer's throats would be not only counterproductive, but also highly ineffective.

Yet, for all their professing of wanting to "save" porn, they really have a strange way of showing their it.

Their site claims to have the relevant information of over 14,000 performers, including their real names, current residential addresses, phone numbers, and even medical information. They boast that they would acquire and reveal information on performers' medical condition, including highly illegally obtained information on a performer's STI status.

The site also boasts of a section called "Category High Risk HIV", in which they place people which they describe as "either gay or [you] fuck fags".

And how ironic that they attempt to perceive themselves as opposing the condom mandate, when their actual acts in developing their "database" depends almost entirely on destroying the one organization standing in the way of imposing that mandate...namely, AIM.

You see, the reason Pornwikileaks has such a vast database of illegally pilfered information is because one of their agents were able to somehow break into AIM's database of confidential medical information...thusly making that info available for public posting everywhere.

And then there is the case of a man named Donny Long, whom has been rumored to be the front man
behind Pornwikileaks. Long was a former porn performer who broke from the industry about two years ago, but not before launching everything from a website to a message board casting all kinds of fury against nearly everyone. He has developed a reputation as a misantrope and a troll who basically uses every means necessary to out performers he doesn't like, and he has often used Twitter as his chosen weapon until he got banned due to complaints of stalking from those performers targetted. The language of PW is pretty much a mirror of some of the smack that Long has spread in the past in other venues. (For the record, Long has denied that he is the creator of Pornwikileaks, though he does defend its overall mission.) Opponents and victims of Long's wrath have formed their own website, DonnyLongIsAConvictedFelon.com, to counter his claims and correct the reacod.

Why is that interesting??  Because it wasn't the last time that AIM had their database hacked into and information released to the public.

Remember the case of Desi and Elli Foxx?? They were the mother/daughter performer/sex worker team which filed a public lawsuit against AIM claiming that the latter didn't do enough to protect their private info from being released to a previous forum which predicated Pornwilileaks. (Their case was settled out of court.) It was only a coincidence that the group most aggressively pushing the lawsuit just so happened to be the AIDS Healthcare Foundation, who aggessively favors the condom mandate and who would benefit the most from getting AIM out of the business of testing performers. Right...only a coincidence.

Another "coincidence" to ponder?? When gay/bi performer Cameron Reid (aka Derrick Burts) revealed himself to be "Patient Zeta", the performer who tested positive for HIV in the scare last year, it was that very same Donny Long forum who, claiming to refute his charges that he contracted HIV on the set of a mainstream video, (allegedly) put out a YouTube video of Burts with fellow gay performer James Jameson, as proof positive that Burts contracted HIV directly from "those fags". Jameson, for his part, flatly denies that, even going as far as stating that he is HIV-negative and has been his entire life. Interestingly enough, Burts/Reid found his way to the reach of AHF via some contracts, and now he is their biggest booster, as well as pushing the condom mandate while soundly criticizing AIM for not doing enough to help him during his time of need.

Once again, this may be pure coincidence, or it may be just a sign that Donny Long and Pornwikileaks might be in cahoots with AHF, Shelley Lubben, and certain other antiporn groups out to basically dissect the industry for its own ends..even if unwitting allies. I wouldn't put it against the latter scenario..though it's probably more the former.[Note by Anthony: That reflects my personal view and my view alone, not anyone else here at BPPA.]

The obvious issues arisen from this is whether or not AIM is a victim of a malicious racist hack bent on their destruction, or a serial bungler who doesn't know how to handle sensitive information (as former porn director/agent Mike South has written in his analysis), or perhaps even a secret participant in the whole chirade to silence those like AHF who want to overthrow them and impose the condom  mandate (as some commentators over at the LukeIsBack porn gossip blog have suggested).

But, while that question fleshes itself out, there is a much  bigger issue of how those who perform in porn and sex work are seen by the world as large. Unfortunately, in some mainstream venues, the idea that porn stars and prostitutes and even women who gambol in sex for personal pleasure can be seen as fully normal and human seems to be a very foreign principle.

----------------------------------------------------------------------------------------------------------------------------

Which brings me to the "slut shaming" portion of this blog entry..and the single, cold-hearted brain cell that is Chris Malyszczyk of Cnet.com, who wrote what he considered to be an analysis of the whole PornWikileaks saga.

Apparently, Christopher isn't a fan of porn, and that's his right and his perogatime...but what he says about porn performers being outed against their permission speaks volumes about his disrespect and utter loathing for them....even while he probably jerks off watching them.

For some reason, I am reminded of Eric Schmidt's dictum.

You know, the one that went something like: "If you have something that you don't want anyone to know, maybe you shouldn't be doing it in the first place."

It comes to mind because someone whose motivations seem slightly troubling has taken it upon himself to be the Julian Assange of porn.

For there now exists a site called PornWikiLeaks, on which, as you might be able to imagine, certain intimate details of porn stars are displayed for all to see.

The site doesn't display diplomatic messages from one porn star to another. Instead, it attempts to offer a comprehensive revelation of who these stars really are.

Riiight. Because we all know that women who do porn are really diseased sluts and nuts who fall to their knees at the first sight of hard cock, right Christopher?? So, we have every right to know every nook and cranny of what they do, who they do, where they do it, and what disease they catch while they do it. After all, we can't have them damn fags and them "jigaboos" out there polluting normal people with AIDS and other diseases..'ya know, Verne???

And...it's only "slightly troubling" but otherwise totally acceptable for a rogue agent like Donny Long to basically harrass, stalk, and potentially abuse women and men who perform in porn merely because he has a racist/sexist/homophobic fetish, and because he sucked so bad as an aspiring agent?? All because...well, they're evil slutty porn girls?? How touching.

However, many of those who earn an often meager income from their carnal knowledge don't really want their neighbors to know what they do to pay the rent. Moreover, some have left the industry in order to become elementary school teachers or accountants.

So one can only imagine that when PornWikiLeaks reveals not merely their real name, but also address, pictures of their family, and phone numbers, they might just be a little upset.

Oh dear...maybe becuse it's non of those neighbor's damn business what they do?? Or, because the stigma attached to being a porn performer or an erotic actress (unless your name happens to be Kim Kardasian or Paris Hilton or Carrie Prejean) is such that even outright repudiation of your past doesn't prevent you from total embarrassment or even removal of your job and livelihood if your past becomes revealed?? Or, maybe, Chris believes PW to be an excellent way to score a quick and easy lay, since obviously these "sluts" are incapable of being human enough to say "No"??

And besides that, there is this assumption that most normal people are entitled to the right of privacy, of not having either the government or any business entity going into their panty drawers or bedrooms or personal information without their permission and approval But, we all know that sluts, like gays, illegals, inner city Black drug addicts, and other cancers of straight White American society, aren't worthy of having normal people's rights, don't we?? We don't want Big Government in our medicine cabinets or our uteri...but them other people?? No problem.

There is also a suggestion that it is the creator's intention to reveal the STD status of every single porn star, although this hasn't actually happened yet.

But where did PornWikiLeaks get this information? At least some of the leaked data may have come from a database at AIM Medical Associates, a company that routinely tests porn stars for STDs.

AIM told NBC Los Angeles that it is investigating. However, PornWikiLeaks has been going since December, so the investigation might simply be related to the sudden publicity the site is enjoying.

Still, AIM believes it has been violated just as much as the U.S. government. Its spokeswoman, Jennifer Miller, told the Beast: "I can't stress enough, we're victims of a crime. Just like the Pentagon and the FBI, we have been victimized and hacked. We are investigating and we will press all charges."

Oh, but who asked them?? They're just the enabalers of the diseased and vapid sluts who simply don't want to be revealed to be doing their dirty deeds...and besides, who the hell are they to equate themselves to the awesome power of the Pentagon and FBI under assault by the original Wikileaks??

Now, it has been noted that PW has pilfered from a variety of sources to build their "database", not only from AIM...even though it has been confirmed that  much of the medical info and a large portion of the other personal info is straight from AIM's database, which is indeed shared with porn studios as a means of screening out those who might by HIV+ or otherwise affected with STI's. However, it is also a fact that by law AIM is forced to immediately turn in any information about someone testing positive for HIV to the Los Angeles County Department of Public Health Services...which just so happens to be one of the agencies most motiviated to oust AIM and impose their condom mandate, along with the AHF and the state offices of Cal-OSHA. Not to mention the aformentioned suit by Mimi and Desi Foxx against AIM for not protecting their medical records from being revealed; and a later suit filed by AHF and LACDPH calling for AIM to release to them records about performers possibly linked to the HIV porn scare of 2009. Maybe AIM does have serious issues with handling personal data...but that doesn't excuse stealing their data and outing performers against their will.
It should also be noted that the 2257 laws imposed by the Federal government also require porn individuals and production companies to maintain detailed information about every performer for immediate release to government officials (the latter motivated by the myth of "underage children" getting into the industry following the Traci Lords debacle during the late 1980's; reinforced by the latest scandal in Colombia concerning current superstar Lupe Fuentes). Given the ease to which such information can be accessed and even traded, maybe it would make it quite a bit easier for any hacker to get sensitive information and use it to his own profit against the performer's interests??

But, again, that's a concern for normal people who are assumed to be fully human, not porn girls, sex workers, or other dirty sluts.  At least, not to Chris Malyszczyk.

The porn industry is undergoing considerable changes, especially with the huge proliferation of free online porn. Will the existence of PornWikiLeaks make some think twice about their chosen means of making money?

Or is the expectation now entirely reasonable that anything you do, anywhere, at any time could--at any moment--be revealed online for all the world to see, know, and, of course, judge?

In other words....does the Bill of Rights apply to everyone....or are porn performers exempeted merely because of their chosen profession??

In response to such claptrap, an actual sex worker who was outed by PornWikileaks named Maggie Mayhem was moved to post at her blog a thorough ass-kicking rebuke of Chris Malyszczyk and his slut shaming. The entire piece is worthy of a read, but I will give some snippage.

Let’s clear a couple of things up, hater. First and foremost this information was obtained from private medical records. It isn’t a coincidence that one of the major ways that we protect our health and the health of our partners was sabotaged. It’s a clear message: you are not allowed to have both a non-traditional sex life and good health at the same time. This was an act of terrorism. According to your words, hater, we should just sit back and accept this as proper order of the world. We should just accept that mainstream medical care excludes us and degrades us and that if we develop a community model of care that people will do everything they can to shut it down. I guess we should have thought about that when we tried to pay our rent, have a relationship, be part of a family, or go on living our lives like anyone else. We should have just known that someone would eventually think that they were saving California from “Mexicans and gays trying to get married,” by illegally accessing our medical records and posting them on the internet with our real names and an incitement for harassment against us.

Whether or not our industry is conventional has nothing to do with what happened. For example, I think that it is unethical to set up sweatshops in developing nations to exploit the local labor force. If I hacked into the HMO database for a major corporation with factories in developing nations and published the names and private information of thousands upon thousands of low level employees who worked for that corporation at any point in time on the internet alongside calls for harassment against them I would be immediately denounced as a deranged criminal who must be stopped immediately and that would be absolutely, 100% accurate. No one w0uld be debating whether or not those employees should be ashamed of working in retail. No one would suggest that the reason why they dropped their surname or opted for nickname on their employee badge was because they were trying to hide from their occupation. No one would speak as though they should have known that sooner or later someone would inevitably hack into their medical records and post their badge name next to their full legal name alongside libelous language and calls for harassment against them. We would solely focus on the actions of the deranged criminal and discuss ways that we can prevent that kind of illegal and dangerous behavior from happening again.

Like most haters, you’re getting defensive about the fact that people are calling you out for victim blaming. The opening and closing of an essay is prime real estate in a piece of a writing. It’s what people notice first and what they walk away with at the end.  This essay contained 538 words. The opening and closing  (103 words) constitute just under 1/5 (just about 20%) of the total essay length and both are dedicated to questioning whether or not porn performers should feel shame about what they do for a living rather than what actually happened or any form of compelling analysis. The reason that people are receiving this as victim blaming is because you opened your essay by saying, “For some reason, I am reminded of Eric Schmidt’s dictum. You know, the one that went something like: ‘If you have something that you don’t want anyone to know, maybe you shouldn’t be doing it in the first place.’” It communicates quite a bit about your priorities that you opened and closed your writing with a sentiment of judgement and shame.

Amen and a-women on that, Maggie.

Sad to say, many performers whom I follow and respect -- and some I even worship -- have  found themselves on that list of outed performers. In fact, anyone whom has used AIM's services -- whether they be in porn or not -- have probably had their privacy breached by this hacking, and they are suspect to being violated at any tiime. (Mike South has posted at his blog some means to which performers who think they ave been violaated can act to get their names removed, or to get PW shut down, and porn legal scholar Michael Fattarousi has also acted to bring legal means against Long to end the harrassment and stalking. Efforts by Long to intimidate and expose performers on Twitter have mostly failed in the wake of strong response by the performers themselves.) The resulting tragedy and its impact on AIM and on the current regime of HIV testing remains to be resolved; whether it turns out to be the concluding act in the AHF/CalOSHA/LACDHS takeover of porn testing and the condom mandate is still well up in the air.

However the results go, though, it still reinforces what to me has been one of my fundamental objectives that has driven my support for and respect of women who take the risks and enjoy the benefits of performing in adult explicit sexual entertainment: that they are treated as nothing less than full human beings, worthy of respect, free will, and accountability for their actions.

No woman -- not even Shelley Lubben or Michelle Bachmann,-- or no man -- not even Glenn Beck or Rush Liimbaugh, however I may loathe their political and social views -- deserves to be treated as any less than fully human. Maybe some day, we will apply that standard to porn/sexwork.  Some day.

[See also Violet Blue's rundown of the whole controversy at her Tiny Nibbles blog here. and also FurryGirl (of Feminisnt) with her perspective on how to protect your privacy from the 2257 laws here. Danny Wylde of Trev West Coast Fiction also has a nice smackdown of Donny Long over at his blog as well. ]

Tuesday, March 22, 2011

The Other Porn Panic: .XXX Gets Approved By ICANN...A Breakthrough In Protecting Children, Or Just Another Bustout??

Like I said...plenty to talk about today.

Alongside the potential shoe drop of the condom mandate, the other shoe threatening to drop on the porn industry actually did so this weekend.

The .XXX level domain, so loved by those wanting to screen adult content into its own ghetto to be exploited for their own profits, so hated by both sides of the porn debate (it's something when Morality in Media AND the Free Speech Coalition are on the same side on an issue); and so despised by many Internet geeks....was cleared for takeoff by the Internet Corporation of Assigned Names and Numbers (ICANN), the board that supervises and approves top level domain (TLD) suffixes like [dot]com, [dot]net, and others.

Never mind that both pro- and antiporn organizations had virulently opposed adding the domain, for their own reasons. (The FSC, backed by many of porn's biggest honchos, due to the implied threat of regulation forcing adult websites into the .XXX ghetto and the costs of acquiring a .XXX domain name; the antiporn groups because it would "legitimize" content that they would much rather wipe out via obscenity laws.)

Never mind that even the ACLU had gone on record against .XXX, citing the potential abuse by cybersquatters seeking to blackmail legitimate owners of .COM and .NET sites, not to mention the windfall for illegal "tube" sites wanting to use .XXX as a license to steal.

And, never mind the fact that the proposal had been reccommended for rejection by ICANN's own Government Advisory Committee, made up of representatives from several companies, and that a similar effort in 2007 was handily defeated.

What was the difference this time around? Well, the .XXX proponents sold the proposal this time around as a means of protecting both the adult content from censorship AND as a means of protecting children from unwanted access by herding all adult content into the .XXX domain and making it easier for censorware and filters to block access to such material.

Mostly, however, they simply flooded the board with lots of money.

Because a .XXX domain will cost plenty more compared to a .COM or a .NET ($70 for a year sub as compared to $10 for other domains), the process of forcing adult websites into .XXX will produce a virtual money forest for ICM Registry, the group which owns the .XXX domain.  According to ICM head Stuart Lawley, he's already secured enough presubscriptions from scared adult webmasters fearing piracy or censorship to rake in nearly $26 million...and that was before it was even passed.  Lawley has even boasted that the potential killing from .XXX could reach as high as $200 million...not too bad in a recession.

Of course, all this means nothing unless current adult webmasters are forced into .XXX...which brings me to the one political force that may be open to imposing .XXX: Third Way Democrats and "Moderate" Republicans.

Already, US Senator Max Baucus (he of the Big Insura Forced Mandate/Bailout, aka "Health Care Reform") has introduced legislation forcing ISP's to require sites to move all adult content into the .XXX domain or face criminal penalties; and I'm sure that others will follow suit. Though most on the Right (especially the TeaPublicans) tend to be closer to the "just ban 'em" position of MiM and Porn Harms, they might be persuaded to support ghettoizing adult sites into .XXX as a stopgap measure to hold them out until they get enough power for outright censorship. As for the Left...well, suffice it to say that their stance has been somewhat incoherent, but I'd say that the 'protect children while maintaining a space for adult sites" logic will probably prevail over them enough to get their support as well.

Unfortunately, merely slapping a .XXX domain on a site brings forth some real issues.

Like....what about blogs like this one (or The Sexademic, or Julie Meadows, or Tiny Nibbles) who are not necessarily sexually explicit in imagery, but who report on issues regarding porn and include linkage to actual sites??  Would Blogger or WordPress be forced to impose a .XXX domain on popular porn blogs, or sex-education sites, or even sex bloggers?? Or..would they simply relent and just purge adult content from their platforms like Facebook and MySpace have already done?? And...would antiporn activist sites like StopPornCulture.com get exemptions based on their ideology alone??

And...who would be the arbeteurs of what constitutes "sexually explict" and whether a site would meet the criteria of being forced into the .XXX domain and enriching the back pockets of ICM?? The Miller Standards?? A local censor board??  Congress??

Remember, Lawley and ICM can't make their killing if current sites can continue to remain in .COM or .NET and pay the much less yearly sub fees for renewing their current domains. But..if such a law was passed, couldn't the case be made that it constituted content-based discrimination to force legal adult websites to pay more simply to exist for the benefit of a private organization??

Oh, who the hell am I kidding....this is Max Baucus I'm talking about!! Same Max Baucus known for taking corporate money under the table from the health care companies...so why wouldn't he do the same with ICM and ICANN??

Either way, the issue is far from resolved, even if ICANN and ICM is already accelerating the process for .XXX domain applications. The FSC has promised full action to review and repeal the decision, and I'm guessing that the antiporn folks are already blasting the ears of their reps in Congress to stop this.

We'll see soon if this really does become a bustout...or simply a bust.

Violet Blue (of Tiny Nibbles) has an excellent overview of the entire sitch over at the ZDNet site...feel free to go there and read up.  Also...see Julie Meadows.

Porn Panic 2011 Updates: Cal-OSHA Moves Closer To Issuing Condom Mandate Regulations; Mike Weinstein Prepares His Victory Lap; And Ministeress Lubben Testifies...Again

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