Articles by Larry Walters
CASE Act: Good Idea, Bad Law
Last year, bipartisan members of the House of Representatives overwhelmingly passed the “Copyright Alternative in Small-Claims Enforcement Act of 2019” (the “CASE Act”) without debating the repercussions.
War on Porn 4.0: Doomed to Fail, But Be on Guard
You can tell it’s election season, when radical politicians start banging the drum for another war on something.
Adult Content Production and Sex Trafficking Laws
For years, opponents of the adult entertainment industry have attempted to link pornography to sex trafficking.
Woodhull Panel Examines FOSTA and Censorship
The Woodhull Freedom Foundation is the lead plaintiff in the lawsuit challenging FOSTA. Its legal challenge started in the spring of 2018, when the organization began to struggle with its online promotion of events involving sex workers at its annual Sexual Freedom Summit.
Legal Considerations for Your Business Brand
Adult business operators often struggle with the legal complexities of trademarks, trade names, fictitious names and corporate names.
A Year After FOSTA: The Tragic Consequences of Deeply Misguided Legislation
Are we having fun yet? FOSTA/SESTA (“FOSTA”) has been around for a full year now and has managed to wreak significant havoc on the internet.
Website Legal Reviews: 2
In Part 1, we examined the scope of website legal reviews, corporate formation and structuring, online agreements and intellectual property concerns. In this installment, we'll examine issues surrounding infringement on the rights of others, age verification and 2257, plus obscenity and content issues:
Website Legal Reviews: 1
A substantial percentage of adult webmasters are still operating without having had their website reviewed by an attorney. Various reasons are offered for this, including: "I know the law," "I stick to soft-core content," "My friend told me what his lawyer said," or, "What is a website review?" None of those excuses justify the unacceptable risk of publishing online content that has not passed legal clearance; however, this article will attempt to address the last excuse which focuses on the webmaster's fundamental lack of familiarity with the legal review process. Mainstream publishers have utilized attorneys for pre-publication content review for decades, and publishers of erotic print and film media are typically diligent about legal clearance; however the culture of the adult Internet community often bypasses this most basic industry standard.
Commentary For Congress
The following is the Written Testimony of Lawrence G. Walters and Marc J. Randazza, of Weston, Garrou, DeWitt & Walters, submitted to the Subcommittee on Constitution, Civil Rights, and Property Rights of the Judiciary Committee of the United States Senate on March 16, 2005, as commentary on the Brownback hearings" – examining the repercussions of the recently dismissed federal obscenity charges leveled against Extreme Associates.
Online Dating Site Laws: 2
In Part 1, noted First Amendment attorney Larry Walters began the following checklist as a starting point for legal compliance pertaining to the operation of an online dating site, which we now finish in this series' conclusion...
Online Dating Site Laws: 1
The following checklist is intended as a starting point for legal compliance pertaining to the operation of an online dating site. This checklist is not intended to substitute for competent legal advice, and the operator is strongly encouraged to consult with the site's business attorney when utilizing this checklist in any way.
Legal Update: August, 2004: Part 2
This conclusion of August's legal update by noted First Amendment attorney Larry Walters examines the latest obscenity prosecutions, lawsuits over gambling ads and more...
Legal Update: August, 2004: Part 1
This installment of August's legal update by noted First Amendment attorney Larry Walters examines the latest news on the Perfect 10 case, recent spam prosecutions and more...
Legal Update: July, 2004: 2
In the conclusion of this month's legal update, noted first amendment attorney Larry Walters takes a look at the latest online sex and gaming news, porn sites around the world, and other important issues facing adult Webmasters today...
Legal Update: July, 2004: 1
In the first installment of this month's Adult Industry Update, noted first amendment attorney Larry Walters takes a look at news from the Department of Justice, including proposed updates to 2257 regulations, and other important issues facing adult Webmasters today...
Supreme Court Denies COPA
The United States Supreme Court has decided one of the last controversial cases left this term: Ashcroft v. ACLU, Case # 03-218, involving the issue of online age verification. In a stunning victory for Free Speech advocates, the High Court, in a 5/4 decision, upheld the preliminary injunction against the law that was entered by the Third Circuit Court of Appeal.
Legal Update: June, 2004: 2
In the conclusion of this month's Adult Industry Update, noted first amendment attorney Larry Walters takes a look at civil liberties, Internet wiretapping, video voyeurism, and other important issues facing adult Webmasters today...
Legal Update: June, 2004: 1
In the first installment of this month's Adult Industry Update, noted first amendment attorney Larry Walters takes a look at news from the Department of Justice, the regulation of content production in California, the latest obscenity prosecutions, and other important issues facing adult Webmasters today.
Legal Update for March, 2004: Part 2
In the conclusion of this month's Adult Industry Update, noted first amendment attorney Larry Walters takes a look at the federal crackdown on indecency, Paris Hilton, spam, sex, and more.
Legal Update for March, 2004: Part 1
In this month's Adult Industry Update, noted first amendment attorney Larry Walters takes a look at news from the Department of Justice, the Supreme Court's renewed look at COPA, and the latest obscenity prosecutions, among other important issues facing adult Webmasters today.