Jan 24, 2006 : Web Hosts Okay in Sex Sites Case
📅 - A US federal judge issued a ruling last month in favor of Web hosts of gay male cruising sites that post sexual images of paying members. However, the judge dismissed First Amendment claims made by adult trade organization and lead plaintiff, the Free Speech Coalition, to protect privacy rights of pornographers.
On December 28, US District Judge Walker D. Miller granted a preliminary injunction blocking Attorney General Alberto Gonzales and the Justice Department from forcing the moderators of Internet chat rooms and some Web sites, known as "secondary producers," to maintain, and make available to random viewing by the federal government, detailed records identifying the members posting the sexual images, including their legal names, age and photo identification.
"Plaintiffs have shown a substantial likelihood of success of establishing that the statute and regulations may not be enforced as to secondary producers who are not involved in any activity that involves ‘hiring, contracting for, managing, or otherwise arranging for the participation of the performers depicted. U.S.C. 18 §2257 (h) (3)'," Walker said in the 29-page ruling.
The DOJ sought stricter regulations as part of a crackdown by President Bush and some lawmakers on online child pornography. The regulations were supposed to go into effect last June, which prompted PlanetOut, the owner of Gay.com and a member of the Free Speech Coalition, to remove sexual images for one day before one of several temporary pardons were reached with the DOJ until Walker's ruling last month.
On December 28, US District Judge Walker D. Miller granted a preliminary injunction blocking Attorney General Alberto Gonzales and the Justice Department from forcing the moderators of Internet chat rooms and some Web sites, known as "secondary producers," to maintain, and make available to random viewing by the federal government, detailed records identifying the members posting the sexual images, including their legal names, age and photo identification.
"Plaintiffs have shown a substantial likelihood of success of establishing that the statute and regulations may not be enforced as to secondary producers who are not involved in any activity that involves ‘hiring, contracting for, managing, or otherwise arranging for the participation of the performers depicted. U.S.C. 18 §2257 (h) (3)'," Walker said in the 29-page ruling.
The DOJ sought stricter regulations as part of a crackdown by President Bush and some lawmakers on online child pornography. The regulations were supposed to go into effect last June, which prompted PlanetOut, the owner of Gay.com and a member of the Free Speech Coalition, to remove sexual images for one day before one of several temporary pardons were reached with the DOJ until Walker's ruling last month.
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URL source: http://www.thewhir.com/marketwatch/012406_Web_Hosts_Okay_in_Sex_Sites_Case.cfm
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