SUPREMES HEAR FILE SHARING ARGUMENTS
SALT LAKE CITY, UT -- Republican Governor Jon Huntsman has signed a measure into law which will require anyone creating or hosting Internet content in Utah to rate their own content for its suitability for minors (see “Legislature Passes Flawed Internet Law,” X-Press, 3/11/05). Once an official list of Web sites with material deemed “harmful to minors” is established, Internet providers in Utah must provide their customers with a way to disable access to sites on the list or face felony charges.
        Supreme Court observers such as Linda Greenhouse of the New York Times and Bill McConnell of Broadcasting & Cable could not tell which way the high court was leaning, although the justices participated in a lively debate.
        On one side, Grokster and StreamCast file sharing software companies, joined by technology companies and civil liberties organizations, argued that file sharing was a useful means of expanding knowledge through the inexpensive transmission and Internet archiving of lawful material in the public domain. On the other side, the Hollywood entertainment industry said the Grokster model was built on “copyright infringement without liability, with the full knowledge that the draw is unlawful copying.”
From Linda Greenhouse, The New York Times, 3/30/05
http://www.nytimes.com/2005/03/30/technology/
30bizcourt.html?adxnnl=1&adxnnlx=1112295697-NBgNCfaoVsO1S2/ejqh77Q
And from Bill McConnell , Broadcasting & Cable, 3/29/2005
http://www.broadcastingcable.com/article/CA513734.html?
display=Breaking+News&referral=SUPP
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STUDENTS SUSPENDED FOR ADULT VIDEO HI-JINKS
CHICO, CA -- Members of the Phi Kappa Tau fraternity at California State University Chico have been suspended from participating in any activities on campus for an indefinite period of time while a university investigation takes place. It seems the fraternity boys showed up in a Shane’s World “College Invasion” adult DVD. The video was shot at the student’s off-campus frat house.
        University President Paul Zingg said he is “disgusted” by the fraternity’s behavior. “The fraternity will be dealt with in an unmistakably firm fashion,” he said.
        Punishment for the students could range from sanction to expulsion from the university. In addition, the fraternity could lose its charter to the national Phi Kappa Tau organization.
        Nicole Henderson, a spokesperson for Shane’s World, maintains that the “College Invasion” series only shows what really goes on in colleges. She says there is a long waiting list of college students wanting to participate. The production company gets many letters saying “You think that was wild? Come to our school.”
From The Associated Press and Chico Enterprise-Record, 3/30/05
http://www.mtv.com/news/articles/1499287/20050330/index.jhtml?headlines=true
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TOWN LOOKS GIFT HORSE IN THE MOUTH
       MILFORD, CT -- A controversy has arisen here over whether a local school should accept $800 donated by The Penthouse Boutique for a project to build a rock-climbing wall.
       Republican Town Committee Chairman Jack Fowler said no school should accept money from the adult industry.
       “I would not take it. This is not blood money. But porn money is close enough.” Fowler said.
       “This is not going to be acceptable, and you can quote me,” Live Oaks Principal Raymond Vitali said.
       Not everyone agrees that the money is “tainted.” Kimberley Rivera, a member of the fund-raising group seeking donations, said if Penthouse Boutique obeys the law and pays its taxes, then its contribution should count.
       Penthouse Boutique owner Dan Quinn said he is aware of the controversy, but it’s for a good purpose.
       “I want them to have the money. Hopefully, they are going to take it,” Quinn said.
From local Channel 30 News, 3/30/05
http://www.nbc30.com/news/4330437/detail.html
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GRANDMOTHER PUSHES FOR TRIPLE-X DOMAIN
KNIGHTDALE, NC -- Mary Conners, founder of the Protect Every Child organization, is campaigning to force adult websites to adopt triple-X domain names. Conners began her campaign four years ago when her granddaughter accidentally pulled up an adult website while trying to view a teen magazine online. Conners has collected 8000 signatures on a petition to be delivered to Senator Elizabeth Dole and is hoping Dole will introduce legislation on the issue. “I’m not trying to get rid of adult websites. We just want to put them in a place where children are protected from them,” said Conners. “If they are moved to triple-X, top-level domain filters can be installed on computers to block all XXX porn sites.”
        Brian Young, the Internet marketing manager at adult entertainment company Adam and Eve, said there are a lot of problems with the idea. “I don’t know how the government would plan which websites would use triple-x and which would not,” said Young.
        Young also said the change isn’t really necessary. He said legitimate adult entertainment companies, like Adam and Eve, don’t put sexually explicit material on their homepages.
From Heather Moore, Raleigh Channel 14 News, 3/29/05
http://rdu.news14.com/content/top_stories/default.asp?ArID=66508
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VIEWING ART TREASURES CONSIDERED HARMFUL TO CHILDREN
       BARTHOLOMEW COUNTY, IN -- Officials here have warned the White River Truck Repair and Yard Art company, which is situated near an Interstate highway, that certain nude statues in the yard art collection must be moved to a location where children cannot see them. Included in the questionable yard art are cement replicas of the Venus di Milo and Michelangelo’s David.
       Bartholomew County Inspector Frank Butler says Indiana law prohibits the display of nudity where children might see it.
      “Just because something is nude doesn’t mean it’s obscene,” said Indiana ACLU attorney Ken Falk. Nudity has been part of art for hundreds of years, said Falk, and using nudity to define obscenity could raise serious constitutional questions.
From The Associated Press, 3/30/05
http://abclocal.go.com/wls/news/033005_ap_ns_nude.html
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U.S. ADULT STORE TO THE RESCUE
       MERRIWA, NEW SOUTH WALES, AUSTRALIA -- A New Jersey adult store, Playtime Boutique, has shipped 1000 condoms to Merriwa (population 2000).
       Playtime Boutique already had a reputation for international activism, having made headlines in 2003 when it launched “operation vibration” in Iraq­sending dozens of vibrators with personalized messages to the nation’s women. So when a customer brought in a newspaper clipping describing how the only Merriwa pharmacy refused to stock condoms on ethical grounds -- even though the Upper Hunter Valley Shire area has one of the highest teenage birth rates in New South Wales at six per cent compared to 1.6 per cent in Sydney -- Playtime Boutique manager Michael Drake took immediate action.
       “Wherever we see a need for some type of sexual liberation or sexual assistance Playtime will be there to pitch in,” said Drake.
       “Upper Hunter Valley Shire Mayor Barry Rose said the council was prepared to help distribute the prophylactics to the town once they arrived.
From The Age.com, 3/31/05
http://www.theage.com.au/news/National/Sex-shop-to-shower-NSW-town-
with-condomss/2005/03/31/1111862525172.html?oneclick=true
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LEGISLATIVE REPORT

The following is a small sampling of bills that have been introduced in the current legislative session. Authors’ names and party affiliation are in parentheses. Thanks to Angelina Spencer of ACE for her contribution to this report.

ALABAMA
H 30 (Allen – R.)
Prohibits the expenditure of public funds or use of public facilities by any public entity for the purchase promotion of materials that sanction, recognize, or promote a prohibited by the sodomy and sexual misconduct laws of the state; relates to public schools, libraries, colleges, universities, textbooks and publishing.
On 2/1/05, referred to House Committee on Education

ALABAMA
H 573 (Brewbaker – R.)
Relates to definitions of certain terms relating to the sale of obscene material; defines adult bookstores and adult video stores and material by specifically including video games depicting obscene sexual conduct.
On 3/3/05, referred to House Committee on Judiciary

FLORIDA
S 1876 (Siplin – D.)
Relates to Florida Commercial Anti-Pornography Act; provides definitions to terms regarding commercial distribution of pornographic materials; prohibits person from willfully and knowingly distributing pornographic materials for commercial purposes; provides for civil penalty; provides that any person, including church or religious organization, or other representative group or organization may bring action to enforce the act.
3/16/05, Referred to Senate Committee on Commerce and Consumer Services and to Senate Committee on Judiciary

MISSOURI
S 32 – (Bartle – R.)
Regulates sexually oriented businesses; imposes an admissions tax.
(See X-Press Legislative Alert 1/21/05)
3/29/05, Passed the Senate, sent to House

NEW YORK
S 2650 (Kruger – D.)
Imposes the same restrictions applicable to establishments licensed under the Alcoholic Beverage Control Law upon places of entertainment which present nude entertainment.
2/24/05, Referred to Senate Committee on Consumer Protection

TEXAS
H 2533 (Chisum – R.)
Relates to the possession of alcoholic beverages on the premises of certain sexually oriented businesses; provides a penalty.
3/9/05, Introduced

UpComing Events

MAR 31-APR 2 – The Phoenix Forum, Tempe, AZ http://www.thephoenixforum.com/

APR 11-13 International Lingerie Show, Las Vegas, NV www.spectrade.com

APR 18-19 – Celebrate Free Speech Lobbying Days, Sacramento, CA, 800-476-7813

MAY 1 – Adult Con 8, Los Angeles Convention Center, www.adultcon.com

MAY 19-21 --  Erotic Expo., Hotel Pennsylvania, N.Y., NY www.Eroticexpony.com

JUNE 6-10 -- Lifestyles 2005, Las Vegas, NV, www.lifestyles-conventions.com

JUNE 10-12 -- Erotica L.A., www.adultconx.com


JUNE 12-15 -- Cybernet Expo, Shelter Point Hotel, San Diego, CA, www.cybernetexpo.com

JULY 11-13 – ANME, Mandalay Bay, Vas Vegas, NV

JULY 18-20 – AVN Adult Novelty Expo, Pasadena, CA. www.adultnoveltyexpo.com

JULY 26-28, -- VSDA's Home Entertainment 2005, Bellagio Resort, Las Vegas, NV, http://show.vsdahomeentertainment.com

AUG 5-6 – Internext, Hollywood, FL., www.Internext-expo.com