Sen. McCain Aims to Expand Federal Obscenity Reporting Law

WASHINGTON — Speaking at the close of the 2006 legislative term, Sen. John McCain, R-Ariz., said he plans to introduce legislation that would extend federal obscenity reporting guidelines to all forms of Internet communication when the Senate reconvenes in 2007.

The proposed law could bring millions of adult and mainstream commercial websites under the same regulatory regime that governs Internet service providers.

Known as the Stop the Online Exploitation of Our Children Act, the bill requires webmasters who operate websites that employ message boards, chatrooms, social networking functions, email or instant messaging services to comply with federal obscenity reporting guidelines. Internet content hosting services, domain name registration services, search engines, electronic communications services and image and video-sharing services also would fall under the purview of the proposed legislation.

Under the proposed law, webmasters would be required to report illegal images — including child pornography and some form of obscenity — to authorities, or face fines of up to $300,000 and possible criminal prosecution.

Webmasters also would be required to preserve records for up to six months of any “information relating to the facts or circumstances” of an incident involving obscenity or child pornography.

“This legislation would reduce the sexual exploitation of our children, and punish those who cause them physical and emotional harm through sex crimes,” McCain said. “In recent years, technology has contributed to the greater distribution and availability, and, some believe, desire for child pornography.”

Electronic Frontier Foundation attorney Kevin Bankston expressed concern that laws such as the one McCain has proposed present a “slippery slope.”

“Once you start creating categories of industries that must report suspicious or criminal behavior, when does that stop?” Bankston said.

Bankston added that a vague definition of obscenity means that all websites, particularly those run by smaller operators, face a difficult task when it comes to identifying illegal content.

Free Speech Coalition Board Chairman Jeffrey Douglas told XBIZ the bill smacks of ignorance.

“It would be nice if people who introduced these things knew what they were talking about,” Douglas said. “It is impossible to identify what is or is not obscene. Identifying child pornography when it does not involve pre-pubescent minors is also nearly impossible.”

According to Douglas, McCain’s bill will encourage webmasters to over-report incidents, which would be ineffective for law enforcement and create a chilling effect on constitutionally protected speech.

“Under the law, it would be crazy not to report,” Douglas said.

For ISPs, which are already obligated to report incidents of obscenity and child pornography, the bill contains some good news, according to Kate Dean of the U.S. ISP Association. McCain’s legislation does much to clarify the reporting procedure under for ISPs, Dean said.

In the meantime, Attorney General Alberto Gonzales and the FBI are expected to continue their calls for mandatory data retention for ISPs in the coming year. Rep. Diana Degette’s office said the Democrat from Colorado plans to introduce legislation in the House early in 2007 that would require ISPs to retain records of users’ online activities.

While the 2008 presidential election is still a long way off, McCain, who has announced his candidacy, looks to be a strong challenger for the Oval Office in the general election, if he can clear a field of more conservative Republican nominees during the primary season.

Douglas said he believes legislation such as this, which he hopes will not gain traction given the change of power in Washington, could be an effort on McCain’s part to use the politics of fear in his Presidential bid.

“It is typical of modern politics to try to motivate voters through fear because a more thoughtful approach to solving the problem is not as immediate,” Douglas said.

Copyright © 2025 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

Roxie Rae Relaunches Site Through XSiteAbility

Roxie Rae has relaunched her site through XSiteAbility.

Federal Appeals Court Vacates FTC 'Click to Cancel' Rule Pending Review

The U.S. Court of Appeals for the 8th Circuit on Tuesday vacated the Federal Trade Commission’s “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions, pending further review.

FSC Drops Florida AV Lawsuit in Wake of SCOTUS Decision

A U.S. district court judge granted on Tuesday a motion by Free Speech Coalition to dismiss the trade association’s lawsuit over Florida’s age verification law, a case that had been on hold pending the Supreme Court’s recent ruling on the constitutionality of state AV laws.

Ukrainian President Responds to Porn Legalization Petition

President Volodymyr Zelensky responded Tuesday to an OnlyFans model’s petition to decriminalize pornography in Ukraine, stating that he would wait for the legislative process to play out “in accordance with established procedure.”

Only Tax Deductions Joins Pineapple Support as Sponsor

Adult industry accounting firm Only Tax Deductions has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Adult Empire Launches 'Conversations' Podcast Series

Adult Empire has launched a new official podcast series hosted by Nicole Chappelle and Charlie.

Sex Work CEO Launches 'Teams Plan' for AI Assistant

Sex Work CEO has introduced the new Teams Plan for its AI-powered, NSFW text generator, GPTease.

2025 XBIZ Amsterdam Website Launches With Call for Speakers

XBIZ is pleased to announce that the website for its annual European conference, XBIZ Amsterdam, is now live.

NC Governor Vetoes Bill Targeting Adult Industry, Override Possible

North Carolina Governor Josh Stein today vetoed a bill imposing new regulations that adult industry observers have warned could push adult websites and platforms to ban most adult creators and content.

25,000 Sign Petition to Legalize Pornography in Ukraine

An OnlyFans model’s petition to decriminalize pornography in Ukraine has amassed the 25,000 signatures required for official consideration by President Volodymyr Zelensky.

Show More