Corey D. Silverstein

Another state has joined the growing list of jurisdictions implementing age verification requirements for adult content. South Dakota’s newly passed law takes a unique approach but still raises serious constitutional concerns. Given the significant impact this law could have on website operators and the adult content industry as a whole, it is essential to examine the law in detail and consider the necessary compliance measures. Here’s what website operators need to know. Key Provisions of the Law Effective Date: July 1, 2025, giving website operators a limited window to implement changes and prepare for compliance. Applicability: Unlike other states that…

On January 21, 2025, Ofcom updated its interactive compliance tool to assist providers of user-to-user and search services in meeting their obligations under the Online Safety Act 2023. The tool is designed to help service providers conduct their illegal content risk assessments and comply with illegal content safety duties, record-keeping, and review obligations. Key Requirements & Deadlines Risk Assessment Deadline: Your first illegal content risk assessment must be completed by March 16, 2025. New or Modified Services: If you launch a new service or modify an existing one so that it falls under the Act, you must complete a risk…

In a significant development, Ofcom has issued new guidance to ensure compliance with the Online Safety Act, requiring effective age checks on platforms hosting pornography and other harmful content. These measures aim to safeguard children online, with strict implementation deadlines and enforcement actions looming for non-compliant services. Key Highlights from Ofcom’s Guidance Mandatory Age Assurance Implementation by July 2025: Part 5 services (those publishing their own pornography) must begin implementing robust age assurance immediately. Part 3 services (platforms hosting user-generated pornography and other harmful content, such as social media, tube sites, and fan platforms) must have fully operational age checks…

The U.S. Supreme Court issued a landmark decision today in TikTok Inc. v. Garland, affirming the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act (“the Act”). The ruling, delivered per curiam, has significant implications for social media platforms and national security law, particularly concerning foreign-controlled entities operating in the United States. Case Summary The Act prohibits the operation of foreign adversary-controlled applications in the U.S. without a qualified divestiture. TikTok, owned by China-based ByteDance Ltd., challenged the Act, arguing that it violated the First Amendment rights of the company and its users. Petitioners also contested the Act’s…

In a critical decision underscoring the protections of the First Amendment, the United States District Court for the Western District of Tennessee granted a preliminary injunction against Tennessee's Protect Tennessee Minors Act (PTMA), set to become effective on January 1, 2025. The ruling, in Free Speech Coalition, Inc. v. Skrmetti, declared that the PTMA likely violates the First Amendment by imposing content-based restrictions on constitutionally protected speech. View the Order Granting Plaintiffs' Motion for Preliminary Injunction here. Key Points of the PTMA The PTMA imposes strict criminal and civil liability on entities operating websites containing at least one-third of content…

Dear Valued Clients, On October 16, 2024, the Federal Trade Commission (FTC) announced the finalization of the "Click-to-Cancel" Rule, an amendment to the Negative Option Rule designed to make it easier for consumers to cancel recurring subscriptions and memberships. Most provisions of the final rule will go into effect 180 days after its publication in the Federal Register. As your trusted legal advisors, Silverstein Legal is committed to keeping you informed about regulatory changes that may impact your operations. This new rule has significant implications for businesses offering subscription services, including those in the adult entertainment industry. Key Provisions of…

Assume you will be outed. That's how Corey Silverstein, one of the only adult entertainment industry attorneys in the country, starts his consultations with clients considering dabbling in pornography, either to make some extra money or as a part-time hobby. Less than 10% of Silverstein's clients are exposed, he said, but forcing them to face the worst- case scenario helps them understand the stakes. He then walks them through real-life examples of outed adult content creators, including a name now familiar to many in Wisconsin: former University of Wisconsin-La Crosse Chancellor Joe Gow. "I think it's essential that clients understand…