ISPs Fear Porn Regulations

WASHINGTON — Get to know your FBI agent before an FBI agent visits you.

That was Washington-based e-commerce and copyright lawyer David Snead’s advice to Internet Service Providers on Tuesday, during a panel discussion held at ISPCON focusing on ISPs, adult content and privacy.

Concern has risen, as Attorney General Alberto Gonzales continues his crackdown on adult obscenity and the number of subpoenas, warrants and individual lawsuits involving ISPs increases.

The rapid growth of Internet pornography has become a major concern for the Bush administration’s powerful Christian conservative supporters, who are intent on stamping out "obscene" material. Suddenly, ISPs are beginning to fear they may be caught in the middle, despite the protection they should receive under due process.

The panel discussion was prompted by the need to discuss the role of ISPs in monitoring not only child pornography, but adult content as well, as the suit filed by the Free Speech Coalition against Gonzales continues and a preliminary injunction is sought to prevent the Justice Department from enforcing the newly revised 18 U.S. Code~2257. The law mandates that producers of sexually explicit materials verify the ages of actors, models and others in the content through the use of detailed records, including their addresses, a photo identification card and their legal names.

Now, despite the understanding that ISPs are not responsible for policing users, the new law may allow ISPs to be held accountable for age verification as well, as Gonzales continues to demand that anyone touching a pornographic image must know the model's age.

The FSC believes 2257’s guidelines are unconstitutional, violate privacy laws and would place an undue burden on "secondary producers" named in the new revisions, such as owners of personals websites with sexually explicit photos, including Gay.com, BigMuscle.com, Men4Now.com, and Adam4Adam.com.

Attorney Lawrence Walters told XBiz that ISPs are not protected from federal criminal prosecution for child pornography or obscenity offenses, including negligence or infliction of emotional distress.

“How likely is it that an ISP would be prosecuted under 2257?” Walters queried. “In our experience, that would be highly unlikely. But with current administration, I wouldn’t be surprised if one of them had to defend themselves in court to establish their rights.”

However, Walters said the newly revised 2257 also includes three exemptions for various types of electronics, under which some ISPs would be protected from federal prosecution. Walters added it would be “a stretch” to hold ISPs responsible for adult content sites, as well as create “an unreasonable burden on them.”

Still, ISPs are beginning to worry about the umbrella effect 2257 may have. For example, under the new rules, a man posting a picture on a website fondling himself might have to prove to site owners that he is 18 or older. This would require that websites have documents on file proving his age, including government-issued identification cards, Social Security number, name and address. This documentation would then be subject to random government searches. If the site came under federal scrutiny, its ISP may be required to release identity information for the site’s owner.

Consequently, privacy is becoming an important and thorny problem for ISPs. Snead advised ISP officials to have a privacy policy in place during the ISPCON seminar, adding it is especially important for ISPs in California, Oregon and Utah to maintain a privacy policy that has been written by lawyers, not marketers. Previous privacy policies written by marketers have been involved with FTC actions.

However, a privacy policy won’t protect ISPs from being required to provide user identification is so requested — or subpoenaed — by the federal government.

“If any of these ISPs were subpoenaed, I think they’d be very quick to release that information,” Walters said.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

2026 XBIZ Miami Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, set to take place May 11-14 at the Goodtime Hotel in South Beach.

Court of International Trade Rejects Trump 'Replacement' Tariffs

The U.S. Court of International Trade on Thursday ruled that President Trump’s 10% global tariff under the Trade Act of 1974, imposed after the Supreme Court invalidated the administration’s broad “Liberation Day” tariff regime, is illegal — but stopped short of a nationwide injunction against the tariff.

UPDATED: Utah VPN Rule Enforcement Paused in Aylo Lawsuit

Provisions of a new Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force on Wednesday, have been put on hold until Sept. 3.

JustFor.fans Launches 'JFF Create' iPhone App

JustFor.fans (JFF) has launched its new iPhone creator management app, JFF Create.

ShootXEvents Joins ASACP as Media Sponsor

ShootXEvents has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Pornhub Unblocks UK Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in the United Kingdom will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s U.K. age-verification process.

North Carolina Weighing Tax on Brick-and-Mortar Sales of Adult Material

The North Carolina state legislature is considering a bill that would impose a new 10% tax on adult material sold by physical retailers in the state.

FSC Launches 'Know Your Rights' 1st Amendment Resource Page

The Free Speech Coalition (FSC) has launched "Know Your Rights," a resource page detailing First Amendment protest guidelines.

Utah VPN Rule for Adult Sites Takes Effect This Week

A new law in Utah comes into force Wednesday, making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification.

UPDATED: Court Approves Class Action in Labor Claims Against VMG

A U.S. district court has granted class certification in a civil lawsuit filed against Vixen Media Group (VMG) by retired performer Kenzie Anne, making it possible for additional performers to join in a class action against the company.

Show More