Utah Fines First Adult Site Spammer $2,500

SALT LAKE CITY, Utah — A Canadian adult company is being fined $2,500 under Utah's seven-month-old Child Protection Registry law, marking the first time the Utah Division of Consumer Protection has issued a fine under the new law.

HoneyIFuckedTheBabysitter.com has been cited for allegedly sending a sexually explicit message on Dec. 4 to an email address listed in the registry as accessible to a minor, according to division spokesman Thad LeVar.

LeVar said the site was chosen for the first citation because the identity of the sender was clear in this case.

Under Utah law, adult-oriented websites and emailers are required to screen out registered addresses from their distribution lists. The registry statute provides for a maximum $2,500 fine per violation.

The Free Speech Coaltion filed a complaint against the law in November, contending the law violates the right to free expression under the 1st Amendment and is unfairly burdensome, due to the time and cost involved.

The FSC’s Salt Lake City attorney, Jerome Mooney, told XBiz that he and two other attorneys, who are fighting the statute on behalf of the FSC, will not aid in fighting the citation, if any, against the site’s owners.

However, Mooney explained the citation is significant due to Utah’s attempt to enforce its law outside of the U.S. He added that the site may have connections in the state of Washington.

“What’s significant is [the citation] clearly demonstrates Utah’s intention of extra-territorial enforcement,” Mooney told XBiz. “We never knew how far out [of the state] Utah intended to reach. I don’t know how they’re going to enforce it.”

The website in question notes that the owners and operators are members of the FSC. The organization’s Communications Director Tom Hymes told XBiz he could not confirm the claim, as he still is in the process of obtaining information about the situation.

Under the statute, the site’s owners, who have not been identified and list only a post office box in Gibsons, B.C., have 10 days to contest the citation. After that time period has passed, a cease-and-desist order can be filed.

The site offers an initial screen titled "Warning: Adult Material Ahead" and a statement that content "is not intended to be viewed by minors" can be cleared with the click of a mouse.

The site also includes an old logo for Adult Sites Advocating Child Protection. However, ASACP Director Joan Irvine told XBiz the site’s owners have not applied for membership with the organization, though she said the site appears to comply with the ASACP’s Best Practices, which only requires that sites label all email marketing material as “sexually explicit.” Irvine told XBiz she is unsure of whether the site complies with the policy.

“If they applied for a membership, they would most likely be approved,” Irvine said.

Utah's Child Protection Registry took effect July 15. In addition to adult content, it is meant to protect registered minors from content promoting alcohol, tobacco, gambling, firearms and drugs. Michigan recently passed its own child protection registry law and Georgia also introduced similar legislation earlier this week.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

European Industry Initiative Open Mind AI Asks EU to Be Included in AI Legislation Debate

New European industry initiative Open Mind AI penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

Canadian Law Professor: Proposed Age Verification Bill 'Will Make Things Worse'

Leading Canadian newspaper The Globe and Mail this week published an op-ed written by a legal scholar outlining fundamental issues with the Conservative-backed age verification bill currently making its way through Parliament.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

AEBN Publishes Popular Searches for July and August

AEBN has released the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Clips4Sale Releases '20 Years of Fetish' Data Survey

Clips4Sale (C4S) has released a report based on 20 years of data and analysis to show how kink and fetish tastes have changed since the site began.

Grooby, Yanks Ink Website Management Deal

Grooby will begin managing Yanks.com under a new company, Blue.xxx.

Show More