Whining and complaining—what the hell would the industry be like without it?
While all some members of the community could do about Free Speech Coalition’s (FSC) agreement with the U.S. Department of Justice that puts off inspections and prosecutions under 18 U.S.C. §2257 regulations was bitch about the fact that the deal only applies to FSC members, most of the community was busy joining the organization or persuading other people to do so.
“If you want to stand on the outside, stay independent, scream and yell and not trust anybody, that’s your choice, but be ready to pay the price,” SmashBucks owner Mike Hawk says. “It’s a smart business move and the right thing to do. It wouldn’t be fair to us and everybody else who paid membership dues to the FSC for them to say, ‘we’ll represent everybody.’”
Whether you share Hawk’s opinion or not, a large portion of the industry is joining the fight. After being hit with a barrage of calls, emails, and faxes on Thursday, the FSC opened a call center Friday morning with 100 people processing new membership requests. FSC executive director Michelle Freridge said the organization had added hundreds of new members since the Thursday announcement through her office alone. The number of additions made through the call center was not yet available, but will add to the total substantially.
“This is going to give us the resources to fight this case and it makes our position a lot stronger,” Freridge says.
Strength, after all, resides in numbers.
“You’re talking about [a] $5 billion [industry]; pull it apart and it’s nothing,” Hawk says.
“I think it’s very important for us to all stand together on this. I suppose on one side it’s unfortunate that people would have to join the Free Speech Coalition, but to be fair to them, they’ve done all the work here. They’ve managed to get things calmed down a bit. I guess the price of being a member is to provide you with that protection,” says Eric Johnson, president of Maleflixxx.
While the government has retained the right to inspect and prosecute nonFSC members under 2257, some people feel the likelihood of that happening is minute.
“The regulations have been on the books for 10 years and the DOJ has not done a single inspection in those 10 years. What makes anyone think that they are going to do any inspections in the next three months while the case is in court?” says Keith Webb, vice president of Titan Media. “People should join the FSC to show their support for all the hard work they have done in this case so far, not because they think it is going to save their asses for the next 60 days.”
What will happen to nonFSC members remains to be seen, but the organization’s communications director, Tom Hymes, insists that the government would never have agreed to a blanket agreement.
“Obviously, we would like that, but if anyone thinks the government would realistically go for that then I’ve got a bridge for sale,” he says.
They can’t be everything for everyone, but on most fronts, it’s been a banner week for the FSC.
They’ve, at least for the time being, stuck it to the government and inspired confidence in the industry.
“The DOJ doesn’t bargain, especially with the adult industry, unless they think they are going to lose. If they are bargaining already, then we’ve got the upper hand,” Webb says.
They’ve also gained new members and brought some old ones back.
Cybernet Entertainment was first a part of the FSC seven years ago. Eventually, they became disillusioned with the organization and left, only to return in preparation for the Bush administration’s attacks on the industry.
“We stopped contributing many years ago because we didn’t see the FSC going anywhere. But then we started again a little while ago when the rumors of obscenity prosecutions started coming up again,” says Tony Pirelli, the company’s vice president of marketing.
Of course, it’s not all smooth sailing. Besides the whining, there has also been some uncertainly about the FSC’s call center.
Several people have expressed feeling less than confident putting their businesses in the hands of people who have no idea what is going on in the industry.
Among them is Eric Nevski, owner of the BayCouples.com Network.
“They had no idea what this was all about and how important it is to people,” he says. “If they fuck up, the only time I'll get to ask questions is from the jail cell.”
That might be a worst-case scenario, but in the muck of 2257 much of the industry has been thinking in worst-case scenarios. Most were just relieved with Thursday’s good news.
“We’re happy that there’s a little bit more sensible time to look at this properly and to allow the industry to calm down a bit—because the industry’s going a little bit crazy,” Johnson said. “I don’t think that people acting in a situation of fear is the smartest thing for anybody.”
