Laws Can't Stop The March of Technology, Australian Judge Says

SYDNEY — An Australian Judge said that the march of technology is unstoppable, and laws aren't enough to protect consumers' privacy or corporations' copyrights.

High Court Justice Michael Kirby voiced his opinion about the state of Internet technology while considering his nation's Privacy Act, which regulates how much information companies can collect about consumers online.

Currently, the law requires that data collected about a person can't be used without their consent. Kirby doubts the government's ability to enforce that law.

"It was a good moral and ethical principle to keep people's control over the usage that was made of the information ... And then along came Google and Yahoo," Kirby said. "And when the new technology came, there was a massive capacity to range through vast amounts of information. The notion that you could control this was a conundrum."

Adult industry lawyer Ira Rothken agreed. He told XBIZ that the proliferation of information-gathering and content-sharing technologies have highlighted the growing tension among privacy, fair use and copyright concerns.

"Here's the problem: It's hard to enforce copyright laws on the Internet, because it's hard to keep track of who's doing what unless you gather a lot of information about them so you can keep track of what they do with your content," said Rothken, a managing partner of the Rothken Law Firm.

So what's the solution? Justice Kirby said that lawmakers need to put checks on large corporations to make sure they don't abuse their technologically given ability to collect massive amounts of data.

"To do nothing is to make a decision to let others go and take technology where they will," he said.

Rothken said that focusing on the context of individual cases that deal with free speech, fair use, copyright and privacy should help adult industry professionals find the right balance, though he also offered some advice.

"It all depends on context," Rothken said. "Content owners in adult need to be more thoughtful and careful about what arguments they make against fair use, because fair use and free speech go hand-in-hand. They might be better served by being more liberal when it comes to fair use."

Chicago-based adult industry lawyer J.D. Obenberger mostly agreed with Rothken. He told XBIZ that the fight to regulate these new technologies isn't over yet, and he added that even though adult producers should fight to protect the copyright on their content, he cautioned against the use of Digital Rights Management (DRM) and other regulatory software.

"Anything you do to protect your content is going to make more headaches for your legitimate customers who ought to be able to store the videos they've already paid for once," he said. "Most producers don't use DRM – they attract people by looking forward and making more and more content."

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

Dreamcam Rolls Out Web-Based Passthrough VR

Dreamcam has introduced web-based passthrough VR functionality to its streaming platform.

2026 TEAs Nominees Announced

Nominees for the 2026 Trans Erotica Awards (TEAs), presented by Clips4Sale, have been announced. The ceremony will return to the Avalon in Hollywood on Sunday, March 8.

Lauren Phillips, Derek Kage Cap AEBN's Top 100 Stars of 2025

AEBN has revealed its top 100-selling stars of 2025 in both gay and straight theaters.

Former IEAU Officer Sentenced to 4 Months

Amanda Gullesserian, who performed in the industry under the name Phyllisha Anne and founded the now-defunct International Entertainment Adult Union (IEAU), has been sentenced to four months’ imprisonment for making a false statement in an IEAU federal financial report.

2026 XBIZ LA Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for the XBIZ 2026 conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Needemand Joins ASACP as Corporate Sponsor

French startup company Needemand has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

Utah State Legislator Proposes New 'Porn Tax'

A Utah state senator introduced a bill on Monday that would impose a 7% tax on the gross receipts of adult websites doing business in that state, plus require adult sites to pay an annual $500 fee.

Carlotta Champagne is LoyalFans' 'Featured Creator' for January

LoyalFans has named Carlotta Champagne as its Featured Creator for January.

Pineapple Support Relaunches Site

Pineapple Support has updated and relaunched its website.

Arcom-Targeted Sites Implement Age Verification in France

Five high-traffic adult websites based outside of France have implemented age verification as required under the nation’s Security and Regulation of the Digital Space (SREN) law, after receiving warnings from French media regulator Arcom.

Show More