Id.We have a problem, ladies and gentlemen. As the adult webmaster community already knows, the federal government has gained greatly expanded law enforcement powers through the Patriot Act, which sailed through Congress as an emergency measure necessary to investigate terrorism. Unfortunately for our country’s civil liberties, the Act is not limited in its application to fighting terrorism, but can be used in routine criminal investigations. The feds can now snoop through your email and Web site history, often without a search warrant or probable cause. Secret courts will now decide the fate of suspected government dissidents, who can now be held without being charged with a crime.
While these additions to the arsenal of federal investigators may not have justified much concern at first, due to the lack of any connection between adult webmasters and terrorism, that link has now been established. Huh? You don’t know anyone in the Middle East, let alone, anyone who might blow up buildings, you say? Your site is dedicated to peace and love? How can the federal government link your adult website in any way, shape or form, with terrorism?
Steganography
The God Squad
This link to terrorism potentially provides the government with the necessary excuse to start pouring through the millions of erotic images displayed by the adult webmaster community. Should some investigator stumble across an image that he or she considers obscene or in violation of the expansive Child Pornography Prevention Act of 1\’\’6, chances are it will be loaded into some file for further action. While most of the Department of Justice investigators have their hands full currently, do not forget that a special unit exists whose job it is to prosecute obscenity and child pornography; i.e., the Child Exploitation and Prevention Unit (a/k/a the “God Squad.”)
Head Up Folks!
This article is a “heads up.” These investigations are going on right now. The end result is anyone’s guess, but a brief refresher course in how to conduct oneself in the event of a criminal investigation or arrest seems to be in order.
2 Id.
3 Id.
First and foremost, remember to respect the judicial process. The time to assert your First Amendment rights is in court, not on the street. If you are the subject of a search warrant, you should allow investigators access to anything specified by the warrant, and challenge the legality of the process later. Remember, execution of a warrant involves nothing more than carrying out a judge’s order. Do not, however, consent to any search which exceeds the scope of the warrant. Do not destroy or delete relevant evidence, as such actions may expose you to additional and possibly more serious charges.
If you are arrested, do not make any statements to law enforcement officials. You have the right to remain silent in this country, and you should exercise that right. Often clients will seek our services after they have given a statement to investigators in the hopes that they would just go away if the clients could make them understand their side of the story. Each and every time a client has made a statement to law enforcement, it made matters worse, not better. Remember, anything you say can and will be used against you. Arresting officers will use every trick and con in the book to try to get you talking. Your first and only response should be, “I want to talk to my attorney, first.” Say that as many times as necessary.
“Requesting your lawyer is a nice way to tell investigators to “get lost.” You do not have a lawyer? Get one! Adult webmasters are involved in a highly regulated industry, and are expected to know the law.”
When you invoke your right to counsel, all questioning about the alleged offense is supposed to stop. It won’t. Persist! Requesting your lawyer is a nice way to tell investigators to “get lost.” You do not have a lawyer? Get one! Adult webmasters are involved in a highly regulated industry, and are expected to know the law. Engaging experienced legal counsel is a necessity.
ACT QUICKLY
Your attorney can advise you what to do once you are arrested or detained. Each case will call for a different strategy. It may pay off to visit the local adult bookstores or novelty shops and obtain a sampling of what the local community tolerates in the way of explicit adult fare. In some jurisdictions, the court will allow a defendant to introduce evidence of “comparable” material that is available in the community where the defendant is charged. The determination of whether a particular work is “obscene” is based on local community standards. There is no better time to obtain evidence of the community standards than immediately upon arrest. In some cases, it may be advisable to seek arrest reports, radio transmissions, or other public documents immediately after your arrest. Some information, such as radio communications between investigators, are routinely destroyed if not requested promptly.
Keep in mind, there is no substitute for competent legal advice. In these tenuous times of a conservative administration and terrorists using adult websites to communicate with each other, adult webmasters are a vulnerable target for criminal investigation. Keep your ear to the ground and your attorney close.
Lawrence G. Walters, Esquire is a partner with the law firm of Weston, Garrou & DeWitt, based in Los Angeles. Mr. Walters runs the firm’s Florida office, and represents clients involved in all aspects of adult media. Weston, Garrou & DeWitt 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 a Larry@LawrenceWalters.com or www.FreeSpeechLaw.com.
