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This is the official page of author Duane Gundrum. It is also the portal for the comic strip The Adventures of Stickman and the Unemployed Legospaceman.

Friday, October 08, 2004

Ashcroft is continuing to go after the real threats to America
Okay, he's not really. He's going after pornography still. Why is the government so intent on dealing with this sort of thing when our resources should be focused on terrorism?

Here's the text of the official charge sheet:

Beckley, West Virginia. Kasey Warner, United States Attorney for the Southern District of West Virginia, Andrew G. Oosterbaan, Chief, Child Exploitation and Obscenity Section, United States Department of Justice, and Robin Dalgleish, Inspector in Charge, United States Postal Inspection Service, Pittsburgh Division, announced guilty pleas today in criminal cases against Michael J. Corbett and Sharon E. Corbett, of Lewisburg, West Virginia, and Joseph Tanner and Randall Rogers, of Quitman, Georgia, 31643 . Based upon a joint business venture producing and selling obscene videos, the four were indicted by a federal grand jury on April 9, 2003, and charged with three counts of mailing obscene materials in violation of Title 18, United States Code, Section 1461, and one count of conspiracy to mail obscene materials and conspiracy to use the Internet for the purpose of sale and distribution of obscene material, in violation of Title 18, United States Code, Section 371.

The investigation conducted by Postal Inspector Thomas Svitek revealed the Corbetts, through their Internet website, offered for sale a total of 53 videotapes and DVDs depicting graphic and sexually explicit scenes of defecation and urination. Tanner and Rogers, the owners and operators of Tdigital Services Inc., managed and maintained the website with knowledge of its content and shared in the profit.

The Corbetts each pled guilty to one count of mailing obscene material. Tanner and Rogers each pled guilty to one count of conspiracy to mail obscene material and conspiracy to use the Internet for the purpose of sale and distribution of obscene material. Each count carries a maximum potential penalty of five years imprisonment and a $250,000 fine. Additionally, the Corbetts have forfeited $15,010 seized from their bank accounts, the domain name associated with their website, and all obscene materials and equipment used to produce or manufacture obscene materials. In addition, the Corbetts have agreed to pay the United States $60,000 in lieu of forfeiting their home which was used in the sale of obscene materials. Joseph Tanner forfeited $80,000 and all obscene materials and equipment used to produce obscene materials.

The prosecution is being handled by Trial Attorney David Szuchman and Stephanie Thacker of the Child Exploitation and Obscenity Section in conjunction with the United States Attorney’s Office for the Southern District of West Virginia.


Here's a statement from Larry Walters, 1st Amendment attorney:

OBSCENITY UPDATE
The Feds are at it again, with at least two new federal obscenity prosecutions directed at adult video content distributed through the United States Mail. Federal agents, postal inspectors and LAPD officers raided the offices of Extreme Associates on April 8, 2003, and seized records, videos and Model Releases relating to several movies. The raid on Extreme Associates came only days after the Justice Department arrested a West Virginia couple on obscenity charges relating to the operation of a “scat” fetish site, girlspooping.com. Justice Department officials have threatened to seize the couple’s home, out of which the business was allegedly operated. The case is pending in Bluefield, West Virginia – hardly a bastion of liberal thought. It appears that the long-feared reinstatement of regular federal obscenity prosecutions against adult content has finally become a reality, prompting many adult industry participants to review their content and seek legal guidance regarding its defensibility. Thus far, distractions abroad have likely prohibited an all-out assault on the adult industry by the Department of Justice, just as a matter of resource allocation.

FEDS SEIZE WEBSITES
In a move that has concerned some civil libertarians, federal agents from the Justice Department are starting to seize and take over Websites owned by businesses that distribute bongs, roach clips, rolling papers and other alleged drug paraphernalia. Civil liberties groups and legal scholars fear that the government could use the new seizure policies to spy on Web surfers who visit the confiscated sites. David Sobel, General Counsel for the Electronic Privacy Information Center, recently said, “The government is suddenly in a position of being able to monitor the Web-surfing activities on unwitting individuals who believe they are going to a Website . . . but possibly implicating themselves into some law enforcement investigation.” Thus far, 15 to 20 sites have either been taken over or redirected by the Justice Department, according to Attorney General John Ashcroft. In the meantime, those looking to consume tobacco products via exotic smoking devices are encouraged to avoid online shopping and to visit their local head shop instead.

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I guess my question is: does anyone feel any sense of a chilling effect here? I guess for most people, it's okay if it's not your "thing".


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