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The
New Dangers of Running a Home-Based Adult Website Business
By:
Lawrence
G.
Walters
Weston
,
Garrou & DeWitt
www.FirstAmendment.com
A
disturbing indictment has
recently been filed against a husband and wife involved in a home-based
adult Website business, along with their webmasters.
Mike
and
Sharon
Corbett
face federal obscenity charges as a result of the alleged production, and
distribution via the United States Mail, of adult video content featuring
scatological activities. While
the initiation of federal obscenity charges, after many years of peace at
the federal level, is itself disconcerting, it is critical that home-based
Webmasters be aware of the forfeiture argument that the Government is
asserting in this case.
The
Indictment filed against these individuals seeks forfeiture of certain
property based on conspiracy to commit obscenity violations, pursuant to
28 U.S.C. § 2461(c), 18 U.S.C.
§ 981(a)(1)(C) and Rules 7(c)(2) and 32.2(a) of the Federal
Rules of Criminal Procedure. The
Government seeks to forfeit “any property, real or personal, which
constitutes or is delivered from proceeds traceable to such [obscenity]
offense, including, but not limited to” cash proceeds derived from the
conspiracy and the couples’ residence in
West Virginia
. The Government’s theory is
that the home was used to facilitate the alleged offenses, so it is
therefore subject to forfeiture. In
the event that this property cannot be located or has been transferred,
substantially diminished or commingled, the government
seeks to forfeit “any other property of said defendants up to the value
of said property listed above as being subject to forfeiture.”
Prior
to the proliferation of adult Websites, adult content production
facilities were usually located in a commercial space, and not operated
out of a house. However,
technological advances have allowed adult Internet businesses to be
efficiently run from a residence, thereby alleviating the additional
expense and overhead associated with commercial facilities.
What has been overlooked by many webmasters in establishing a
home-based adult Internet business is the potential for forfeiture of any
assets traceable to criminal law violations.
An adult webmaster’s home is not safe if the operation is run
from the residence. This
concern is complicated by the fact that webmasters are required by Title
18, U.S.C. § 2257 to
conspicuously post the name of a records custodian on their Website, and
an address where age records can be found.
Many Webmasters have no other option but to list their home address
as the records location. This
provides the government with key information regarding the location
utilized to potentially commit obscenity offenses.
It
is critical to evaluate the implications of running a home-based adult
content production facility or adult Website.
While commercial space may be costly, operating an adult facility
from a residence may subject your home to potential forfeiture, in the
event of a successful obscenity prosecution.
If you have any questions or comments regarding the issues raised
in this article, please contact your personal attorney.
Lawrence G. Walters, Esq., is a partner with the law firm of Weston,
Garrou & DeWitt, which maintains offices in Orlando,
Los Angeles
and
San Diego
.
Mr.
Walters
represents clients involved in all
aspects of adult media. The firm handles First Amendment cases nationwide,
and has been involved in significant Free Speech litigation before the
United States
Supreme Court.
All statements made in the above article are matters of opinion
only, and should not be considered legal advice.
Please consult your own attorney on specific legal matters.
You can reach
Lawrence
Walters
at Larry@LawrenceWalters.com,
www.FirstAmendment.com or AOL
Screen Name: “Webattorney.”
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