Jun 24, 2005  |  By: DYANA BAGBY  | COMMENTS     

on Web sites engaged in any kind of sexually explicit acts.

Secondary producers include owners of Web sites including gay.com that allow paying members to post their own photos, according to Tom Hymes, a spokesperson for the Free Speech Coalition.

Nudity itself is not considered sexually explicit, but images of masturbation are included in the law’s definition and are subject to the new regulations. Posting the shots could be deemed criminal activity, Hymes said.

For instance, a man posting a picture on a Web site fondling himself might have to prove to site owners that he is 18 or older, and documentation must be on file with the Web site that includes government-issued identification cards, Social Security number, name and address.

“And one man’s nudity might be another person’s masturbation,” Hymes said. “This is poorly crafted law made as a desperate attempt to bypass the Constitution.”

Lawrence Walters, an adult industry attorney, said the revised federal regulations impact all Web sites that allow sexually explicit images such as penetration, masturbation and S&M — including gay male cruising sites.

Cruising for a sex partner and posting a nude image doesn’t necessarily fall under the federal regulations, but the images can be posted on commercial Web sites that sell ads and are in the public domain, he said.

The additional requirements are likely to force some Web sites to ban photos depicting any kind of sexual act, he added.

“The sites would need to comply or face federal prosecution,” Walters said.

Federal authorities state the reason for the revised regulations is to protect minors, but Hymes said the law does nothing to safeguard children.

“Child pornography is not part of this [adult entertainment] industry. We work with the FBI to take down child pornographers,” he said.

Morgan Sommer, co-founder of Cybersocket, the parent company of various gay Internet, print and communication services, said the adult entertainment industry already has an infrastructure in place to keep out child pornography.

On May 17, U.S. Attorney General Alberto Gonzales signed the final rule implementing provisions for the new regulations.

“Minors are incapable of consenting to perform in sexually explicit depictions and are often forced to engage in sexually explicit conduct … The record-keeping requirements … are crucial to preventing children from being exploited by the production of pornography,” according to statement from the Justice Department.

Violations of the requirements are criminal offenses punishable by imprisonment for up to five years for a first offense and up to 10 years for subsequent offenses, according to the DOJ.