Free Speech Coalition on HIV Positive Adult PerformerFree Speech Coalition (FSC), as administrators of the Adult Production Health & Safety Services Program (APHSS.org), would like to address recent reports that an active performer may have tested positive for HIV.

FSC was made aware of the purported incident on Saturday by a reliable industry source. Most importantly, FSC would like to make clear that these reports were not involving APHSS.org testing facilities. This fact has limited the information gathered by FSC/APHSS.org and we can neither deny nor confirm specific facts about this incident. Due to legal issues concerning patient privacy, FSC/APHSS.org, as of yet, is unable to implement exposure protocols and procedures.

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Casting.xxx First .xxx domainAttention porn fans and adult industry members, a new dawn has risen over our wide web world. The first .xxx domain has officially been registered, designed, and pushed live.

Given multiple .xxx domains under ICM Registry’s “founder” program, Casting.xxx is registered under a company named Really Useful. Although ICM had published about.xxx as a corporate url, Casting.xxx is the first porn site to utilize a highly debated .xxx domain name. It is very interesting how little can be found on the Really Useful parent company, based in the Turks and Caicos Islands. One would expect an internet company, granted “founder” status on one of the most controversial domain extensions in history, to have much more online representation. Yet, not even a Wikipedia page stands to identify them.

Two year old MetaCert.com has been named as the standard .xxx site classification service. This service will act as both a search engine link censor for users, and the proverbial .xxx ban hammer for domain owners.

“Rather than create yet another proprietary technology that ties customers into using our plug-ins, we decided to help instigate the formation of a new industry standard for classifying and labeling content on the Web. This new open standard is now called POWDER. Our platform and all of our products are based on this new open standard – enabling browsers and search engines to highlight certificates inside search results.” – MetaCert.com

The definition of proprietary software is a licensee being given the right to use software under certain conditions, but restricted from other uses, such as modification, further distribution, or reverse engineering. Since registering and maintaining an adult site on .xxx requires use of MetaCert.com‘s web classification services, there is little difference between proprietary software and their self-adopted description. This move also doubles as an intense link-building strategy, taking advantage of organic search result pages directly.

MetaCert.com‘s chairman, Salesforce.com chief scientist JP Rangaswami, intends to “make money in part by selling privacy policy certificates to site owners inside and outside the porn business for half the price of TRUSTe.” In other words, he intends to undercut the privacy certificate market by 50% to boost initial sales and remove another middleman.

Both the Free Speech Coalition (FSC) and Larry Flynt have made their opinions of .xxx well-known. The FSC has adopted “.XXX is Bullshit” as a campaign slogan, and Larry Flynt has reportedly written to ICM demanding protection of the Hustler trademark. Flynt’s battle could define how the near future of .xxx will play out. If granted automated protection by ICM, many trademarked adult industry companies may keep their hands clean of .xxx all together.

PornWikiLeaks-Closes-AIMDiane Duke explains the adult performers’ 2257 information on PornWikiLeaks, and AIM Healthcare’s closure.

During the first part of April, the Free Speech Coalition began to receive calls from worried industry members about the existence of Porn Wikileaks.

At that point, it was still unclear from where the information came, as there was what looked like medical information as well as 2257 information. Soon we learned that it was likely that AIM’s database had been hacked and that some 2257 records may have also been compromised.

Almost simultaneously, I learned, from a conversation I had with AIM CEO Sharon Mitchell, that AIM’s clinic “temporarily” was closed due to a “paper work issue.” Apparently, L.A. County had closed the clinic based on a filing technicality. I was assured by Sharon that the paperwork issue would soon be resolved, that the database was still up and the draw stations were still active. Sharon assured me that the AIM clinic would reopen.

Almost immediately thereafter, AIM was sued by two individuals for breach of medical records. I learned that the litigation expenses for individuals suing AIM were covered by AIDS Healthcare Foundation.

AHF has been attacking the adult industry with frivolous lawsuits, Cal/OSHA and labor complaints as well as protests and misleading inflammatory press conferences for the past two years. AHF has been especially relentless in their attack on AIM.

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At 1 p.m. yesterday in Los Angeles, California, members of the Free Speech Coalition, health care representatives, and Cal/OSHA met to discuss the draft rules for proposed mandatory condom use in the Adult Industry. What they were not counting on were the 70 porn stars who also attended to make their voices heard during the discussion. In a meeting decorated with plenty of yelling and screaming, proposed language of the draft itself was the main focus. After wording has been approved, the following draft rules could later go to Cal/OSHA’s Standards Board for review, and possibly become new regulations.

“Cal/OSHA topics to be discussed at the meeting include; STI testing protocol; required use of condoms and other barrier protection (including gloves and eye protection); on-set hygiene; systems for medical services, post-exposure evaluations and follow-ups; vaccinations (HBV and HPV); performer training and education; record-keeping; and producer responsibility for compliance.”
– XBIZ

If 70 Adult screen personalities are willing to attend these early stages of mandate discussion, do not be surprised if their numbers grow as the process continues. Although the proposition sounds as if it is only for the actors’ and actresses’ safety, the decision to mandate such a personal choice could become a much larger issue within our country. We will continue to keep an eye on how these proceedings play out.

FSC Fights CalOSHA Regulation

Dear Adult Entertainment Industry Producers,

Last week in a preemptive move, FSC took the issue of CalOSHA regulations, mandatory condoms, and mandatory testing to the California state capital. We spoke with a number of legislative offices, committee representatives and health and labor organizations. During our conversations, representatives of these organizations confirmed that no language has yet been submitted to the Legislature. Moreover, these representatives were encouraged by FSC’s strategy to create industry-appropriate guidelines for adult productions and protection for our performers. Even before an adult performer tested positive for HIV in June, the FSC began working on a Bloodborne Pathogen Plan (BBP) appropriate for the adult industry. This effort was in response to increased Cal OSHA attention on adult productions. CalOSHA, as well as a few opportunistic entities such as AIDS Healthcare Foundation and LA County Health, seek to regulate us and are currently working on mandatory condom and testing legislation and regulations. FSC, the adult entertainment industry’s trade association, is pushing back and we need your input on the draft BBP plan.

This user-friendly plan puts into “OSHA-speak” the already rigorous risk reduction procedures utilized within the industry coupled with standard OSHA requirements. Special thanks to the following individuals for their significant input: Sharon Mitchell of AIM, Derek Hay of LA Direct Models and LATATA, John Stagliano of Evil Angel, Steven Scarborough of Hothouse, industry attorneys Paul Cambria and Jeffrey Douglas, and attorney and OSHA specialist Karen Tynan.

Once the BBP is accepted by a majority of industry producers, we can bring the plan back to legislators, confirming that the industry already has highly effective risk reduction procedures in place, thus negating the need for legislation. Bringing the plan to CalOSHA will provide them with BBP practices for adult production companies–practices that are not only appropriate for the industry, but also highly effective. Please take a moment to look over the draft plan http://freespeechcoalition.com/bbpdraft.html and provide feedback through the survey tool provided.

Cal OSHA and other organizations are seeking to regulate the adult entertainment industry–an industry they know nothing about. As your trade association, the FSC is not only the watchdog for the industry, but also a voice of reason in these tumultuous times. We promise to keep you informed as we progress through this critical process.

Thank you for your time, your feedback and your ongoing support.

Sincerely,

Diane Duke

FSC Executive Director

Free Speech Coalition

CHATSWORTH, Calif. — The Free Speech Coalition said it plans to file a lawsuit Wednesday with 14 other plaintiffs challenging revised record-keeping rules.

With the pending suit, the FSC claims that the revised 18 U.S.C. 2257 and 2257A regulations are unconstitutional, as well as an unfair burden placed to producers to comply with the regulations.

FSC attorney Michael Murray said in a conference call Monday evening that he plans a “substantial constitutional attack” and hopes that the FSC and 14 other plaintiffs will prevail and obtain injunctive relief.

“We plan on a full-scale attack raising 1st Amendment, 5th Amendment and 4th Amendment issues,” said Murray, noting the FSC chose the U.S. District Court in Philadelphia because the court has extensive experience in the area of obscenity.

“The court also is in the district of the 3rd U.S. Circuit Court of Appeals, which also has extensive experience in that area,” Murray said.

Murray is hopeful the court will hear the case by the beginning of 2010.

The FSC’s announcement comes just one day after the U.S. Supreme Court declined to hear an appeal in Connections Distributing vs. Holder, which involved the ability of a publishing company to post sexually explicit photos of swingers to accompany advertisements seeking like-minded adults.

The 14 plaintiffs attached to the suit represent a rainbow of individuals, organizations and companies that one way or another publish or screen erotic material, from performers to photographers to studios to an adult entertainment business journalist.

In addition to the FSC, Murray said at the conference that the the 14 plaintiffs in the case are:

* The American Society of Media Photographers, which represents 7,000 members.

* Barbara Nitke, a teacher at the School of Visual Arts in New York and a commercial photographer.

* David Steinberg, a photographer and writer of sexual issues.

* Nina Hartley, a performer and website owner.

* Michael Barone, a photographer.

* Dave Cummings, an adult industry performer who owns numerous websites.

* Tom Hymes, an adult industry journalist who runs a website.

* Sinclair Institute, which operates sexual health clinics.

* Channel 1 Releasing, which operates a gay porn studio.

* Barbara Alper, a photographer.

* Carol Queen, a sexologist and feminist sex educator.

* Dave Levingston, a photographer.

* Betty Dodson and Carlin Ross, who co-host a website.

Article Courtesy of Xbiz

It’s FreedomStreams ‘08 – The Third Annual Free Speech Coalition Fundraiser!

At HotMovies.com, we believe that freedom of expression and our First Amendment rights to watch what you want are are under assault. The Free Speech Coalition (FSC) is an organization that fights to preserve these rights every day.

To help fund the battle, HotMovies.com has teamed up with the FSC for FreedomStreams ‘08. Now in its second year, FreedomStreams raises money for the fight against unfair governmental restrictions and prosecutions by asking studios to contribute all the earnings they make on a single day–this year it’s Tuesday, April 15–to the FSC. HotMovies.com will match those contributions dollar for dollar.

Support FSC’s Freedom Streams ‘08 by watching a movie, and spank it for freedom! You can be part of this fundraiser just by watching your favorite movies.

A full list of participating studios can be found after the jump.

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