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

Paysite Confidential: Inside the Creator Economy's Shift Toward Ownership

For years, the adult industry’s creator economy has been defined by platforms — powerful engines of discovery, monetization and scale that reshaped how performers connect with their audiences.

Senator Urges DOJ to Crack Down on 'Obscenity,' Attacks OnlyFans

U.S. Senator Jim Banks of Indiana this week urged Acting Attorney General Todd Blanche to reestablish the Department of Justice’s defunct Obscenity Prosecution Task Force in a letter that targets OnlyFans while repeatedly conflating “obscenity” with legal adult content.

UN Experts Urge US, Canada to Prosecute Aylo, Others for 'Exploitation'

GENEVA – The United Nations Office of the High Commissioner for Human Rights (OHCHR) has issued a press release in which two U.N. special rapporteurs, cited as experts, accuse Aylo and other companies of complicity in sexual exploitation.

Tennessee Governor Signs Bill Requiring Warnings on Adult Stores

Governor Bill Lee on Tuesday signed into law a bill requiring adult stores, theaters and other establishments in Tennessee to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Kickstarter Revokes New Rules Banning Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter announced Tuesday that it has reversed its recent decision to impose new “Mature Content” rules banning projects that involve adult content and sextech.

Report: Irish Justice Minister Seeks UK-Style Ban on 'Extreme' Content

Ireland’s justice minister plans to introduce legislation criminalizing possession and distribution of “extreme” pornography, according to a report by the Irish Independent.

New Kickstarter Rules Ban Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter has posted new “Mature Content” rules banning projects that involve adult content and sextech.

WebGroup Czech Republic Settles Florida AV Suit, Will Pay $1.2 Million

WebGroup Czech Republic (WGCZ), the parent company of XVideos, XNXX, BangBros and GirlsGoneWild, has settled a lawsuit filed by the state of Florida over those sites’ alleged failure to age-verify Florida users before allowing access to adult content.

AEBN Publishes Popular Searches for March, April

AEBN has published the top search terms for March and April from its straight and gay theaters in all 50 states and the District of Columbia.

Ofcom Investigates Two Sites Over Possible AV Violations

U.K. media regulator Ofcom on Wednesday launched investigations into two adult sites as part of its age assurance enforcement program under the Online Safety Act (OSA).

Show More