Child protection Child Protection and Obscenity Enforcement Act In 1995, a comprehensive Federal scheme regulating the creation and wholesale distribution of recorded images of sexual conduct came into effect. Aimed at detecting and deterring child pornography, the
Federal Labeling Law (also known as the
Child Protection and Obscenity Enforcement Act) eliminated privacy in the creation of sexual images. Any producers of, and performers in, such materials were ordered to comply with detailed disclosure requirements. The FSC played a critical role in industry compliance as it conducted training seminars, prepared compliance documents and uniform exemption labels and negotiated with the
Justice Department for relief from some components of the law.
Communications Decency Act In 1996 the
Communications Decency Act (CDA) was enacted to protect children from accessing adult material on the Internet.
Child Pornography Prevention Act The
Child Pornography Protection Act (CPPA) followed in 1997; this sought to criminalize the depiction of minors in sexually explicit video or online content, even if those depicted were over 18 years of age. This redefinition of child pornography to include adults appearing to be minors and engaging in actual or simulated sexual activity was controversial. Although the
Senate Judiciary Committee (the committee of origin), never held a vote on the bill, it was signed into law, following Senator
Orrin Hatch (R-Utah) attaching it during the Conference Committee to the October 1997 Spending Bill. For the first time since its own redefinition as a trade association, FSC undertook litigation challenging the constitutionality of a Federal statute, filing suit against then-Attorney General
John Ashcroft and charging that the CPPA abridged first amendment rights by defining protected speech as obscene or as child pornography. In 2002, FSC views were upheld in the US Supreme Court in
Ashcroft v. Free Speech Coalition, the "virtual child porn" case. In 2005, FSC filed a complaint against the Dept of Justice and then-Attorney General
Alberto Gonzales, citing that 18 U.S.C. § 2257 regulations endangered the privacy and safety of performers by allowing private information to be accessed through the record-keeping process; also that 2257 regulations were complicated to the extent that adult producers would be unable to fully comply with the record-keeping system. The controversial regulations have been an ongoing issue for adult industry producers and the FSC. In February 2009, the
United States Court of Appeals for the Sixth Circuit held in
Connection Distributing Co. v. Holder that the record-keeping provisions of 18 U.S.C. § 2257 did not violate the First Amendment. A revised set of the § 2257 regulations was released in December 2009, prompting another complaint against the DOJ and Attorney General
Eric Holder in 2010.
California porn tax In 1994, the FSC retained a lobbyist in
Sacramento, California's state capitol. The following year, an excise tax was proposed for all adult products and services, with the proceeds going to collection of the tax, law enforcement and, if anything remained, to rape counseling centers and battered victim shelters. The bill was defeated at its first committee hearing.
Performer Availability Screening Services PASS (Performer Availability Screening Services) is a U.S. organization that maintains a
database of
STI testing results for
pornographic actors. The database is intended to help reduce or prevent the spread of
STIs in the porn industry. The organization, formerly known as
Adult Production Health and Safety Services (
APHSS), was developed by the Free Speech Coalition in 2013, following the closure of
Adult Industry Medical Health Care Foundation. Performers are tested every fourteen days for
HIV,
syphilis,
gonorrhea,
chlamydia, hepatitis B and C and
trichomoniasis. According to PASS, there has not been an on-set transmission of HIV on a regulated set since 2004. During the global
COVID-19 pandemic, a special task force met to determine how to incorporate a test for COVID-19. All performers and crew are now tested for COVID-19 with the date of test posted in the PASS database. Researchers have suggested that the PASS testing system may be a model for other industries.
Banking access In February 2015, the FSC announced an affiliation with the
First Entertainment Credit Union. The arrangement made financial services available to approved production studios employees and their families, primarily in the adult film industry. Diane Duke, CEO of the FSC, noted the "...difficulties faced by industry members that have had their business turned away by other institutions."
Other Other initiatives and issues include: • Challenging
2257 regulations in court (
Free Speech Coalition v. Gonzales) • Opposing the proposed
.xxx top-level domain • Rebutting claims of
pornography addiction and harmful "secondary effects" of pornography • Improving workplace safety • Fighting piracy including the FSC Anti-Piracy Action Program and two Public Service Announcements • Supporting the
decriminalization of sex work and
workers' rights. ==Awards==