Take Action

The Free Speech Coalition is successfully working on a multitude of issues to protect the adult film and adult pleasure products industry. Censorship comes in many forms, and our most difficult battles today appear in the guise of regulation and market limitations — zoning restrictions and record-keeping regulations, piracy of both films and products, and of course what many think to be our only fight: anti-porn laws and inadequate Cal/OSHA regulation. But make no mistake: these are attacks on our right to free speech and liberty, and will fight and defeat them.

And these are just some of the issues FSC works on to keep our industry safe. We were heard at Cal/OSHA and won, now it is time to make a stance against the Ballot Initiative and other issues in unity. When we come together we succeed, with and for each other.

Hacker Attacks

Current members interested in finding out if they were affected by the hack should fill out and sign the designation of attorney form located at https://www.freespeechcoalition.com/designation-of-attorney/ and email it to Jeffrey Douglas at jjdxxx1@gmail.com.

Non-members who wish to employ their own counsel to work as a liaison with the FBI should have their counsel contact Douglas directly atjjdxxx1@gmail.com.

Non-members who wish to work with Douglas as liaison can sign up for a trial membership at https://www.freespeechcoalition.com/members/signup.

DesignationofattorneyFBI

2257 Record Keeping

18 U.S.C. § 2257 has as much to do with protecting children as Weinstein’s California Ballot Initiative, requiring the wearing of condoms, has to do with protecting adult performers.

The record-keeping law requires anyone who produces sexual imagery to maintain dossiers on the persons depicted and to create detailed indices for inspection by the government. It doesn’t matter that the person depicted is a 60 year old grandfather who has made scores of movies with the producer or is the producer’s middle-aged wife. Their IDs must be copied and their nicknames and the date of production must be recorded and kept with a copy of the expression. And everyone who incorporates that imagery in a production–a clip from a video posted on a website, a still from a movie on a box cover–must also maintain records and indices for that expression. What’s more, every sexually explicit image must bear a label identifying the address where the required records can be found.

Revised Age-Verification Rules Under Section 2257

18 U.S.C. § 2257 has as much to do with protecting children as Weinstein’s California Ballot Initiative, requiring the wearing of condoms, has to do with protecting adult performers.

The record-keeping law requires anyone who produces sexual imagery to maintain dossiers on the persons depicted and to create detailed indices for inspection by the government. It doesn’t matter that the person depicted is a 60 year old grandfather who has made scores of movies with the producer or is the producer’s middle-aged wife. Their IDs must be copied and their nicknames and the date of production must be recorded and kept with a copy of the expression. And everyone who incorporates that imagery in a production–a clip from a video posted on a website, a still from a movie on a box cover–must also maintain records and indices for that expression. What’s more, every sexually explicit image must bear a label identifying the address where the required records can be found.

When the FBI comes knocking on the producer’s door, as it did 29 times a number of years ago (the law authorizes unannounced warrantless searches and seizures), those records must be available and properly indexed. The producer has no choice but to let the agents into his or her studio, office, or home and to allow them to sift through the personal information contained in the records, for hours.

The stakes for failing to dot every “i” and cross every “t” in compliance with the byzantine regulations are high: a federal felony conviction with a prison term of up to five years. Compliance is also costly, in many cases requiring, as a practical matter, specialized software and almost always demanding careful and detailed legal consultations. That is why the Free Speech Coalition has a special pricing agreement for access to 2257 software for its members and will refer you to appropriate legal counsel, all the while we have been challenging the constitutionality of this law in federal court for the past six years. We currently await a ruling from the United States Court of Appeals for the Third Circuit on that challenge.

Anti Adult Film Regulation And Legislation

The adult industry is facing the greatest threat to our survival since the 1980s. In recent years similar legislation proposals brought forward by former CA 64th District Assembly Member Isadore Hall  (now CA 35th District Senator Isadore Hall) such as AB 640, AB 332, and AB 1576. This year we face two major attacks on the adult industry in California: Cal/OSHA regulations and a statewide Ballot Initiative.

We won against poorly written Cal/OSHA regulations:

Yes, we can win. On February 18th over 100 performers and industry workers showed up to plead with the Standards Board to vote against the proposed regulations and to not endanger the lives and livelihoods of industry workers. The Standards Board voted 3 in favor and 2 against, which resulted in the regulation being dismissed as 4 votes in favor were needed. A second motion sided with the industry and we are now in the process of building regulations that will support, protect, and serve our industry workers based on the successful self-regulations that have protected us for over a decade.

A few examples of what the AHF inspired regulation would have led to:

– Condoms required for all anal, vaginal and oral sex

– “Dental Dams” must be used for oral sex on a woman or rimming

– No facials can be shot unless goggles are worn

– Producers must keep performers medical records for thirty years

– Failure to comply can result in fines of up to $25K per violation, in addition to court costs

The California Ballot Initiative to be voted on in November 2016, on the statewide ballot, includes the following legislation:

– Appoints Michael Weinstein as state “porn czar”

– Mandate condoms for vaginal or anal sex

– Applies to cams, performer websites, clips and content trades as well as studios

– Allows private citizens to sue anyone who makes or sells adult film

– Requires performers to be taxed, treated as employees

– Producers must pay for all STI tests

– Agents, affiliates, retailers, websites crew member all liable for fines and lawsuits

Cal/OSHA Regulation

We won against poorly written Cal/OSHA regulations:

Yes, we can win. On February 18th over 100 performers and industry workers showed up to plead with the Standards Board to vote against the proposed regulations and to not endanger the lives and livelihoods of industry workers. The Standards Board voted 3 in favor and 2 against, which resulted in the regulation being dismissed as 4 votes in favor were needed. A second motion sided with the industry and we are now in the process of building regulations that will support, protect, and serve our industry workers based on the successful self-regulations that have protected us for over a decade.

A few examples of what the AHF inspired regulation would have led to:

– Condoms required for all anal, vaginal and oral sex

– “Dental Dams” must be used for oral sex on a woman or rimming

– No facials can be shot unless goggles are worn

– Producers must keep performers medical records for thirty years

– Failure to comply can result in fines of up to $25K per violation, in addition to court costs.

– Producers must pay for all STI tests and maintain medical records

Mandated Condoms

Performer Petition Against Mandated Condoms

As an adult performer, I believe that I should have effective and industry appropriate choices that work for me.  While condoms are one option, adult performers should have the ability to choose for themselves the method or methods of effective STI prevention that best suits them individually.

I oppose any state or federal regulation, legislation or initiative that removes present protocols and takes away a performer’s control over their own body when it comes to sexual and reproductive health on an adult film set.

 

 

California_State_seal-300x158Since 2009, Free Speech Coalition has spearheaded the opposition to mandatory barrier protection for adult productions. AIDS Healthcare Foundation (AHF) has been the main proponent of governmental regulation and has campaigned relentlessly to force adult producers and performers to dismantle current self-regulatory testing protocols (FSC-PASS) and force compliance with condom-only legislation.

In 2014, FSC battled several legislative and regulatory measures aimed at the adult industry, but the battles continue. Below is a quick update:

AB1576
Our biggest challenge this year was AB1576, the statewide condom bill sponsored by AHF and carried by Assemblymember Isadore Hall, was finally defeated in August, in the Senate Appropriations Committee. Though our resources were dwarfed by AHF’s, we worked incredibly hard in Sacramento and built a coalition of performers, HIV outreach groups, LGBT organizations and others to defeat the bill. However, this was a very close to becoming state law, and AHF has said it will reintroduce the bill in January 2015. We need to work to make sure we are not fighting a perpetual battle.

Cal/OSHA
Cal/OSHA is in the process of redrafting regulations to make them specific to the adult industry. As many of you know, Cal/OSHA has been the biggest method of condom enforcement and business harassment the adult businesses have faced, and it’s important that we shape the drafting process. We are currently drafting alternative regulations to propose to Cal/OSHA, and working with the coalition of performers and HIV/STI outreach organizations to lobby for sensible regulation.

Measure B
Measure B, the Los Angeles condom ordinance, is currently still in the courts. In 2013, after a suit by Vivid, a judge ruled that the First Amendment does not protect condoms, but that enforcement of the measure may not be constitutional. Vivid’s appeal to the First Amendment ruling was heard by a district court in a hearing for injunctive relief in March of 2014. While much of the law was struck down by the court, we are continuing to fight the narrow issue of mandatory condom regulations.

Just as Measure B was used as a template for statewide regulation, any regulation that passes in California will be seen as precedent for other states, or federal regulations, so no matter where you’re located, we need your support.

For more info on how YOU can help support opposition to condom laws, contact FSC at (818) 348-9373 or info@freespeechcoalition.com.

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IMAGE: California State Seal

#NoProp60

What is Prop. 60?

Prop 60. is a California ballot initiative that violates performer privacy and weakens workplace safety. The proponents say it will protect workers, but if passed, it will incentivize any Californian to sue adult film performers and workers when a condom is not visible.

This dangerous bill threatens to make work less safe for performers. Just imagine the potential for abuse and harassment?  And the cost. The nonpartisan Legislative Analyst’s Office (LAO) estimates that it could cost California taxpayers millions to enforce.

Performers should have the ability to choose a condom on an adult set, as well as a host of other prevention options, but allowing anyone with a laptop to punish them for how they do their job is not a California value.

Who Opposes Prop. 60?

Prop 60 has been opposed by all major California political parties, as well as the Adult Performer Advocacy Committee, the leading performer-run organization, and groups like SF AIDS Foundation, AIDS Project LA and the San Francisco Medical Society. Major papers like San Francisco Chronicle and the San Jose Mercury News have condemned the initiative. Even performers and producers who shoot exclusively with condoms, like Wicked Pictures, are against Prop 60.  Full list here.

We are not anti-condom, but given the problems they can cause on-set for many performers, they may not always be the best solution for preventing STIs. We believe performers should have ultimate control over their bodies and sexual health.

Why Does Prop. 60 Matter?

To you: Prop. 60 claims to be about worker safety – but it is really about creating a new private right of action. Under Prop 60, California will become the first state in the nation to allow and incentivize ANY RESIDENT to sue a worker for how they do their job, creating the potential for a lawsuit bonanza that will fill up the courts and sidestep a government agency, costing California millions.

To workers: Prop. 60 will put an already marginalized workforce at greater risk of harassment and violence, allowing any resident to gain access to workers’ legal names and home addresses through uninsurable lawsuits. For a workforce that already faces alarming rates of discrimination, stalkers, violence, and murder, this cannot stand. Adult workers have tirelessly spoken out against Prop 60., as it will compromise their safety and livelihoods. Listen to them.

Keep Workers Safe. For Real.

What Else You Can Do To Help

Donate

Fighting battles at this level is expensive and takes a long time. Donate to help us helping you.

Become a Member

Not only will your dues help us afford the vital resources needed to fight these battles, the larger we are, the more effective we are. Legislators, regulators and the general public need to see that we’re united, and that we’re powerful.

Spread the Word

We depend on our members to help get out the word about dangerous regulations and laws. That means using your email lists, social media accounts, press contacts and business partners to help educate others in the industry and outside of it about the threats these laws and regulations represent.