Eric M. Bernstein is an interesting fellow. The founding partner of Eric M. Bernstein & Associates LLC, a New Jersey-based law firm that represents the adult industry as well as governmental entities, he harbors a simple perspective about pornography: The adult entertainment industry usually makes too much out of the political saber-rattling that goes on during election years (which, these days, seem to run headlong into each other without any breaks). A graduate of the University of Oklahoma College of Law, he also holds a masters degree in industrial and labor relations from Cornell. Most of us would consider those pretty impressive credentials, but Bernstein shrugs them off self-deprecatingly as evidence that he “was over-educated by [the age of] 28.”
What advice does he offer adult webmasters? Read on, McDuff.
Have you ever been a prosecutor?
I started practicing law in 1982, and I’ve always been in private practice. I did not “go to the dark side”; I started off on the dark side. Although I’ve been working with adult clients for six years, I wasn’t “outed” as an adult attorney until three years ago. I still represent clients in government and periodically I get the snickers, the looks, the guffaws—but I’m not starving to death in either area.
What is the biggest black cloud hanging over the adult entertainment industry?
The industry’s inability to understand that politicians are not always what they appear to be. This industry is an easy target for two reasons: its exceptionally fast growth and the inaccurate perception of its connection to child pornography. Do you realize why Republicans will never shut down pornography? Because too many of their own people are making money in it. The Republicans are about big business, and big business makes lots of money from adult entertainment. Take Fox, for example, which represents the ultimate hypocrisy. With all we hear about MySpace and child predation, everyone forgets that MySpace is owned by News Corporation, Fox’s parent company, which is a huge Republican contributor and regularly rails against the evils of pornography on MySpace. It’s a lot easier to be a child predator on MySpace than on any adult site, but are the Republicans cracking down on MySpace? Of course not. If the adult industry dried up tomorrow, we’d still have pedophilia.
What can the adult industry do to protect itself from attack by well-meaning, if misguided, politicians?
The one thing [right-wingers] have over us is that we haven’t done enough to keep kids away from adult websites. That’s the industry’s weakness. Do I have to prove I own an adult site by showing explicit content right out front? Marketing 101 says you don’t give away the goods. As long as we continue to allow the most explicit webmasters to lead the pack, we’re clearly going to continue to give conservatives ammunition.
What about website content ratings?
If we’re smart, ratings will be more voluntary than mandatory. We’re better off doing it ourselves than letting [government] do it for us.
What do you think about the move to criminalize the creation and selling of any form of adult entertainment in certain jurisdictions?
Not every town wants a smokestack plant or a low-level nuclear waste dump. Why should every town have an adult business? You’re free to produce and deliver adult material wherever you want, but be sure you understand the risks. All industries have warning labels. Common sense dictates don’t do X, Y, and Z, so why should I be surprised when I do it and it turns out badly?
Which is worse: pornography or government deceit?
One isn’t worse than the other; they can be equally bad. We get upset about the “bad” things in the adult industry, but we perpetuate them. People are too quick to let others get away with bad behavior. Sometimes, we’re our own worst enemy. The barrier to entry on the Net is much lower than it is for video or gentlemen’s clubs, and that allows the “fringe” people to run amok.
Which way do you think the November election will fall?
I think it’s going to be very close. If Republicans don’t lose control altogether, they’ll have a very narrow majority, with the moderates on both sides ruling things. I can’t see the Republicans maintaining the majority they have now. Barring a major attack by a foreign power or an “October surprise,” they’re probably out. However, the adult industry should not start jumping for joy about a Democrat-controlled Congress. The squeaky wheel gets the grease. Regardless who’s in power, the people making noise are assumed to represent everyone else. There’s a presidential election in two years, and nobody wants to appear to be soft on anything for fear of being labeled “not interested in protecting the populace.” A lot of these congressional candidates have presidential aspirations, you know.
Should we be concerned that the adult industry is going to fall apart in the future?
This industry is only getting better. The people involved are more realistic, more understanding, and more businesslike. I run across legitimate mainstream businesspeople all the time who want to get into this business because there’s money to be made. Pornography is a $12.5-billion-a-year business, of which the Net represents $3.5 billion. It’s not going away.
