SEX TOYS LAW PROPOSED
        COLUMBIA, SC -- It is unlawful for a person knowingly to disseminate obscenity or a sexual device, says a proposed amendment to the South Carolina law. A person disseminates a sexual device, within the meaning of the proposed law, if it is designed or marketed as useful primarily for the stimulation of human genital organs and solely for the sale of prurient interest in sex. And, good citizens of South Carolina, we are talking felony here. People convicted under obscenity laws in South Carolina face up to five years in prison and a $10,000 fine.
        We can thank Republican Representative Ralph Davenport of Boiling Springs for proposing a bill (H 4830) that would add sex toys to the state's obscenity laws.
        Sugar N Spice manager Pat Irons says the proposed law is outrageous. While Davenports proposal is probably aimed at shutting down X-rated adult bookstores, Irons said, it hurts customers of "couples-oriented" stores such as her West Columbia shop, which sells everything from lingerie to bridal shower novelties to lotions.
        At Sugar N Spice sex toys are displayed in a separate room. Buyers include men and women who "need a little help" because surgery or medical problems are affecting their marriage, Irons said.
Some quotes and information are from Seanna Adcox, The Associated Press, 4/23/06  __________________________________________________________

ICRA OPPOSES PROPOSED LABELING LAW
WASHINGTON, DC -- Last week Attorney General Alberto Gonzales announced a new legislative initiative, called the Child Pornography and Obscenity Prevention Amendments of 2006, that included, among other provisions, requirements that all websites operated primarily for commercial purposes must put warning labels on every page that contains sexually explicit material, with penalties of up to five years in prison for non-compliance.
         The Internet Content Rating Association (ICRA), which is a much respected non- profit organization working to protect children from objectionable material while preserving free speech on the Internet, has aligned itself against the initiative.
        Said ICRA CEO Stephen Balkam: "ICRA applauds the efforts of Attorney General Gonzalez to combat child pornography, which is abhorrent and utterly illegal. We understand the gravity of this widespread threat and share the goal of creating a safer Internet for children. However, we vigorously oppose an added measure included in the draft bill which would require Web sites with sexually explicit material -- material that is legal, but potentially harmful to minors -- to use a government-mandated labeling system. ICRA strongly believes that self- regulation of legal Internet content leads to the best balance between the free flow of digital content and the protection of children from potentially harmful material."
        "ICRA's self-labeling system is applicable in any language. Parents can use filtering software to allow or disallow access to Websites based on the information declared in the label. A nationally mandated system like the one proposed today for sites with sexually explicit material cannot guarantee international compliance. US-based servers will simply move offshore to avoid this well intentioned, but fatally flawed law."
Information and quotes are from the ICRA Website and from Government Technology Magazine, 4/21/06
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ANOTHER VIOLENT VIDEO BILL MOVES FORWARD
OKLAHOMA CITY, OK -- The Oklahoma Senate has unanimously approved a bill (HB3004) that would make it a crime to sell violent video games to children under 18. Sponsored by Senator Glenn Coffee (R-Oklahoma City), the bill adds violent video games to a list of materials considered harmful to minors. The bill now goes back to the house for approval.
        A series of courts, including the 7th and 8th Circuit courts of appeal, plus federal judges in Washington, Illinois California, and most recently, Michigan, have ruled that similar laws are unconstitutional. (See X-Press report, Violent Video Games Law Struck Down, 4/7/06)
Information drawn from a News.com report, 4/25/06
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COALITION FORMS TO PROTECT NET NEUTRALITY
WASHINGTON, DC -- In an effort to to raise public awareness of inadequate protections for the neutrality of the Internet in the pending Communications Opportunity, Promotion and Enhancements Act of 2006, a coalition of strange bedfellows has formed for a last moment fight.
        SavetheInternet.com Coalition, consisting of such diverse interest groups as Gun Owners of America, Craigslist.com, Public Knowledge, MoveOn.org, the American Library Association, Afro-Netizen.com, the Consumer Federation of America, the Consumers Union, and Free Press, recently held a national conference call as a part of their campaign.
        Congress is pushing a law that would abandon the Internet's First Amendment -- a principle called Network neutrality, said the group, that prevents companies like AT&T, Verizon and Comcast from deciding which Web sites work best for you -- based on what site pays them the most. Your local library shouldnt have to outbid Barnes & Noble for the right to have its Web site open quickly on your computer.
        Net Neutrality allows everyone to compete on a level playing field and is the reason that the Internet is a force for economic innovation, civic participation and free speech. If the public doesn't speak up now, Congress will cave to a multi-million dollar lobbying campaign by telephone and cable companies that want to decide what you do, where you go, and what you watch online.
        "The fight for Internet freedom is now being waged in earnest," said Tim Karr, campaign director for Free Press. "On one side you have the public and on the other side the nation's largest phone and cable companies looking to strip the Net of neutrality."
        The coalition is not alone in the effort to prevent the Internet from being hijacked by telecommunications giants. In the Senate, Ron Wyden (D-OR) tried to head off the problem in March. (See X-Press report Net Neutrality Issues Debated in Congress, 3/10/06). Senators Olympia Snowe, (R-ME), and Byron Dorgan (D-ND) have circulated a draft bill which would impose Net neutrality regulations on broadband providers.
        Internet companies such as Microsoft, Google and Yahoo have also expressed dismay at the lack of protection in the pending law. The Internet companies are relative new kids on the block when it comes to lobbying in D.C., however, compared to the cable and telecommunications industries.
        In the most recent development, members of the House Energy and Commerce Committee have rejected a Democratic-backed Net neutrality amendment to the pending legislation by a 34-22 vote. The final version of the telecommunications bill does include some Net neutrality regulations, including charging the FCC with investigating any "violation" of fair treatment principles. It is unclear what may happen in the Senate.
Some information and quotes are from Bary Ayissa Johnson, PC Magazine, 4/24/06
See also Declan McCullagh, CNET News.com, 4/26/06
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UPDATE ON FCC FINES CHALLENGE
WASHINGTON, DC -- As we noted last week in an X-Press report, in a rare show of unity, CBS and other broadcast networks and their affiliates have asked a U.S. appeals court to overturn FCC decisions that found broadcasters violated decency standards by airing profanity. Organizations and commentators are quickly weighing in on the issue. Findlaws Julie Hilden opines that the FCC is likely to lose at the Supreme Court level. The Supreme Court might finally take the networks up on their invitation to make indecency law a historical relic, says Hilden, in order to make way for a more robust information age. Many other constitutional scholars agree that outdated broadcast indecency rules might fall victim to the broadcast networks challenge.
        On the other side of the issue, FCC Chairman Kevin Martin is holding fast to the correctness of the fines. Speaking at the annual National Association of Broadcasters convention in Las Vegas, Martin noted that some of the violations cited for fines involved the Supreme Court's famous "Seven Dirty Words" decision, based on a George Carlin routine aired on a California radio station. Little could be more clear than that two decade-old decision, Martin scolded, yet broadcasters are still crossing those lines.
Martin quotes are from John Higgins and John Eggerton, Broadcasting and Cable, 4/25/06
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OTHER NEWS OF THE WEEK

SACRAMENTO, CA -- The ninth annual FSC Celebrate Free Speech Lobbying Day event was very well received by legislators and staff at the Capitol. (See Mark Kernes report at AVN.com)
        BRUTUS, MI -- John Mart Messer and Deborah Messer have been indicted by a federal grand jury on obscenity and child pornography charges. Details of the case are not yet available, other than those provided by the Department of Justice, which are not regarded as likely to tell the full story.
        POLK COUNTY, FL -- Chris Wilson, a webmaster who pled no contest in January to five misdemeanor counts of possession of obscene materials in a highly bizarre series of actions by county prosecutors, has been sentenced, as expected, to five years probation with the requirement that he not run another adult site during that time.
        GRAND RAPIDS, MI -- City commissioners have agreed on a new ordinance which bans total nudity and requires topless dancers to perform on an 18-inch tall stage at least six feet away from customers with no touching. See comments by attorney Brad Shafer.
        SAN FRANCISCO, CA -- FSC Communications Director Tom Hymes will speak on a seminar panel during the upcoming Sex in Video Games conference being held June 8-9, 2006, in San Francisco.

UpComing Events

APR 24-25 – CELEBRATE FREE SPEECH LOBBYING DAYS, Sacramento, CA
APR 28-30 -- Venus 10, International Trade Fair, Berlin, Germany
APR 29 - 2nd Annual Sin City Chamber of Commerce Spring BBQ, Chicken Ranch Brothel, Pahrump, NV (Benefit for FSC)
May 5-7 -Leather Fest, Washington, DC
May 10-13 - Webmaster, Toronto, Ontario
May 25-29 - Mr International Leather, Chicago, IL
JUN 8-11 - Cybernet Expo 2006, Shelter Pointe Hotel, San Diego
JUN 9-11 - Exxxotica Miami Beach, Miami Beach, FL
JUN 12-14 - XBiz Summer, Las Vegas, NV
JUN 14 - Celebrate Free Speech Day, Flag Day, Washington, DC
JUN 18 - Folsom Street East, New York, NY
JUN 17 - Leather Pride Night, New York, NY
JUN 23-25 - Erotica Los Angeles, Los Angeles Convention Center
JUL 12-14 - XBiz Summer, Las Vegas, NV
JUL 15 - Night of the Stars, Course TBO
JUL 15-22, Gay Games, Chicago, IL
JUL 16 - Bob Tremont Golf Tournament, Location TBO
JUL 26 - AUG 5 - Outgames, Montreal, Canada
JUL 19-22 - Lifestyles West, Las Vegas Stardust
AUG 4-6 - Internext Summer 2006, Weston Diplomat, Hollywood, FL
AUG 22-25 - Gentlemen’s Club Expo, Las Vegas, NV
AUG 25-28 - Erotica Expo -New Zealand
SEPT 4 - West Coast Rubber, Palm Springs, NV
SEPT 24 - Folsom Street Fair, San Francisco, CA
SEPT 23-24 - Adultcon 11, Los Angeles Convention Center
OCT 20-26 -- Everything To Do With Sex Show, Toronto, Canada
OCT 21 -- Exotic Erotic Ball, San Francisco, CA
DEC 1-3 -- Black Rose 2006, Washington, DC