Adult Site Claims No Communication Over Utah Registry Citation

SALT LAKE CITY — A Canadian adult website that Utah officials say was cited for violating the state’s seven-month-old Child Protection Registry law is claiming it has received no communication from the state regarding the citation, though officials say notice of the citation was sent almost two weeks ago.

HoneyIFuckedTheBabysitter.com has been cited for allegedly sending sexually explicit messages on Dec. 4 to email addresses listed in the registry as accessible to a minor, marking the first time the Utah Division of Consumer Protection has issued a fine under the new law.

The division’s Executive Director Francine Giani told XBiz that the state sent notice of the citation to the site’s owners about two weeks ago. She also confirmed that the site’s owners are being fined for multiple violations of the registry, with each violation totaling the maximum $2,500 fine.

There has been no communication between parties but the citation also has not come back [through the mail], Giani said. Under the statute, the site’s owners have 10 days to contest the citation. After that time period has passed, a cease-and-desist order can be filed.

“There’s no issue of jurisdiction but we do assume they will probably ignore the citation, at which point we’ll have to see where the attorney general wants to take it,” Giani told XBiz.

Free Speech Coalition Director Tom Hymes confirmed with XBiz this week that the site’s owners and operators are individual members of the FSC, though he could not say whether the site is listed in its database. Hymes also told XBiz that the site’s owners claim they have not received any communication from Utah officials regarding the citation and deny that they sent any email to an address on the registry list.

“All we have is an assertion by Utah that a claim has been filed,” Hymes said. “We are in contact with the site’s owners and we are monitoring the situation. However, they said they did not send the email in question.”

Hymes also told XBiz that the site’s owners had authorized one program to send emails that are product-related, though it is unknown whether the program was responsible for sending the email.

Under Utah law, adult-oriented websites and emailers are required to screen out registered addresses from their distribution lists. The FSC filed a complaint against the law in November, contending that it violates the right to free expression under the 1st Amendment and is unfairly burdensome, due to the time and cost involved.

Attorney Ira Rothken told XBiz that attorneys representing the FSC are not acting as official counsel for the site’s owners, who are still unidentified, listing only a P.O. Box in Gibsons, B.C. He added that the FSC is currently seeking a preliminary injunction against Utah’s registry law.

“We’re still investigating what happened and what led the state of Utah to file a claim against the site,” Rothken said. “But it might very well be that this site has a relationship with the FSC and if so, then it’s very likely they would be the beneficiaries of any action taken by the FSC, especially if we seek a preliminary injunction.”

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. Previously, 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 said the site would most likely be approved for membership, if it applied.

“Utah is not just creating an opt-out registry,” Rothken added. “It’s also creating a registry law and acting on it, which makes it even more imperative that we get a preliminary injunction.”

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

VRPorn.com Launches 'Virtual Reality Porn' Meme Coin

VRPorn.com has launched a new cryptocurrency meme coin on its platform.

Angie Rowntree's Sssh.com Celebrates 25 Years of Pioneering Erotica

Over 25 years ago at an adult internet tradeshow called IA2000 and again later at WebExpo, a producer warned filmmaker Angie Rowntree that there was no market for “porn for women.”

Streamate Spotlights Savannah Sly as December 'Elevate' Community Partner

Streamate has selected New Moon Network founder and co-director Savannah Sly as its Elevate Community Partner for December.

LaBellaDX Launches New Site Through YourPaysitePartner

Content creator LaBellaDX has launched her new official website through YourPaysitePartner (YPP).

Clip Page Launches 'Creator Analytics' Feature

Custom content marketplace Clip Page has launched the Creator Analytics feature on its platform.

BBWXXXAdventures Relaunches Through Grooby's Blue.xxx

Paysite BBWXXXAdventures has relaunched under Grooby's new website management company Blue.xxx.

Flirt4Free Announces 'Tease the Season' Holiday Contest

Flirt4Free has announced its Tease the Season promo and model contest, which will run Dec. 21-25.The competition is led by the return of the Snowflake Contest, where models can be gifted digital snowflakes by their fans. The models who collect the most snowflakes by 11:59 a.m. on Christmas Day will win cash prizes.

SWR Data Publishes 2024 'Top Creator Platforms' Report

Adult industry market research firm SWR Data has published a report on the Top Creator Platforms of 2024.

MintStars Joins Pineapple Support as Supporter-Level Sponsor

Content platform MintStars has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support.

Politicians Aim to Study Effects of FOSTA-SESTA on Sex Workers

In an encouraging sign for sex workers, California State Representative Ro Khanna and U.S. Senator Elizabeth Warren of Massachusetts have reintroduced the SAFE SEX Workers Study Act, which aims to study the effects of FOSTA-SESTA.

Show More