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FTC’s “Click to Cancel Rule” and its Legal Challenge

The Federal Trade Commission's (FTC) new “Click to Cancel Rule” or the “Rule”, has been a hot topic in consumer protection and business regulation. This Rule, part of a broader effort to streamline cancellation processes for subscription services, has sparked significant debate and legal challenges, particularly from the National Cable and Telecommunications Association (“NCTA”). Adult entertainment subscription services are justifiably concerned, need to be following these developments very closely and preparing for compliance with the Rule immediately. What is the Click to Cancel Rule? Let’s begin with the basics and some background on the Rule. The FTC recently finalized the "Click to Cancel" rule, a significant regulation aimed at simplifying the process for consumers to cancel recurring subscriptions and memberships. This Rule mandates that businesses must make it as easy to cancel a subscription as it was to sign up for it. The rule is part of the FTC's broader effort to protect consumers from deceptive practices associated with negative option marketing, where a consumer's failure to take action is interpreted as consent to continue a service. Under the Rule, companies must offer consumers the ability to cancel subscriptions with the same ease as signing up for them. In short,…

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Protecting Passion: Why Cyber Insurance is Crucial for Adult Entertainment Businesses

In an era where digital presence is synonymous with business success, the adult industry stands at the forefront of online innovation. From streaming services and interactive platforms to e-commerce and virtual reality experiences, adult businesses have consistently leveraged technology to deliver unique and personalized content to consumers worldwide. However, this digital dependency also exposes them to a myriad of cyber risks. As cyber threats escalate in frequency and sophistication, obtaining cyber insurance has transitioned from a luxury to a necessity for adult businesses aiming to safeguard their assets, reputation, and future growth. The Digital Landscape of the Adult Entertainment Industry The adult entertainment industry has historically been an early adopter of new technologies. Whether it's pioneering online payment systems, embracing high-definition streaming, or exploring the potentials of artificial intelligence and virtual reality, adult businesses often set technological trends that other industries follow. A quick sidebar – for those of you old enough to remember the wars between Betamax and VHS video and later HD DVD and Blu-ray, the adult industry was a key factor in both outcomes of those battles. This innovative spirit, while advantageous, also places the adult industry in the crosshairs of cybercriminals who are eager to exploit…

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Goodbye to Non-Compete Agreements in the United States?

A non-competition agreement, also known as a non-compete clause or covenant not to compete, is a contract between an employer and an employee, or between two companies, where one party agrees not to enter into or start a similar profession or trade in competition against the other party for a specific period of time and within a certain geographical area. These agreements are commonly used to protect a company's trade secrets, confidential information, and client relationships. They typically restrict employees from working for a competitor or starting a competing business for a certain period after leaving their current employment. The enforceability of non-compete agreements varies by jurisdiction and must adhere to certain legal standards to be valid. In fact, in some United States jurisdictions such as California, Oklahoma, North Dakota, Montana, Colorado, New Mexico and Oregon, non-compete agreements are generally unenforceable, or disfavored, with limited exceptions. The adult industry is no stranger to non-competes and numerous adult businesses have been the subject of many complex disputes and prolonged litigation between adult entertainment companies and workers for years. The United States Federal government has decided to weigh in on the issue and in a significant move to foster competition and enhance…

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Goodbye to Non-Compete Agreements in the United States?

A non-competition agreement, also known as a non-compete clause or covenant not to compete, is a contract between an employer and an employee, or between two companies, where one party agrees not to enter into or start a similar profession or trade in competition against the other party for a specific period of time and within a certain geographical area. These agreements are commonly used to protect a company's trade secrets, confidential information, and client relationships. They typically restrict employees from working for a competitor or starting a competing business for a certain period after leaving their current employment. The enforceability of non-compete agreements varies by jurisdiction and must adhere to certain legal standards to be valid. In fact, in some United States jurisdictions such as California, Oklahoma, North Dakota, Montana, Colorado, New Mexico and Oregon, non-compete agreements are generally unenforceable, or disfavored, with limited exceptions. The adult industry is no stranger to non-competes and numerous adult businesses have been the subject of many complex disputes and prolonged litigation between adult entertainment companies and workers for years. The United States Federal government has decided to weigh in on the issue and in a significant move to foster competition and enhance…

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Be Cautious of Unfamiliar Faces

Hopefully, you are enjoying reading the May 2024 edition of XBIZ World magazine while you are attending the XBIZ Miami tradeshow. The topic of this article was specifically chosen to cater to all the creators and businesspeople who are taking part in the adult industry’s most popular summer tradeshow. I attended my first tradeshow 20 years ago in 2004. In those 20 years, I have met thousands of people from all over the world who were doing business (or trying to do business) in the adult entertainment industry. Many of the people I met during this span are still around while others, their whereabouts are unknown. The simple fact is that tradeshows remain one of the best ways to meet new people and network with people who share similar business goals. Not everyone who attends tradeshows has the rest of the industry’s best interests at heart. Some people are primarily motivated by their own selfish goals. If you are a creator, safety comes first. Adult entertainers not only face the daily stigma associated with pornography to begin with, but they most also must be constantly on guard from everyone from consumers with malicious intentions to unscrupulous people try to take…

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Attorney Corey Silverstein Outlines ‘Serious Civil Liberties Concerns’ Raised by HB 295

Be aware of civil liberties concerns raised by House Bill (HB) 295. Cyberspace (November 8, 2023) - Adult industry attorney Corey D. Silverstein, the driving force behind MyAdultAttorney.com and Adult.Law, recently spoke to clevescene.com about civil liberties concerns raised by Ohio’s House Bill (HB) 295. Read “Proposed Porn Age Verification Bill in Ohio Raises Serious Civil Liberties Concerns” via clevescene.com right here. Dubbed the “Innocence Act,” HB 295 would implement an age verification requirement in the state of Ohio similar to what has already been implemented in several other US states – however, with more aggressive penalties for non-compliance. In its current form, HB 295 states that companies and webmasters who don’t implement “reasonable” age verification methods could be subject to criminal charges – a third-degree felony. No other proposed and/or implemented age verification regulation in the US has such punitive criminal penalties. “HB 295 is another example of a dangerous trend where politicians are seemingly ignoring commonsense – and the Constitution – at the same time,” Silverstein said. Silverstein explained to clevescene that additional language in HB 295 creates a misdemeanor for anyone circumventing the age block from the side of the user (eg via VPN). According to Silverstein, this aspect of HB 295 will…

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Silverstein Legal Announces ‘Porn & AI’ Event, Speakers

Join attorney Corey D. Silverstein and esteemed guests for a discussion of AI and its potential impact on the adult entertainment community. Cyberspace (October 1, 2023) - Join adult industry attorney Corey D. Silverstein, the driving force behind MyAdultAttorney.com and Adult.Law, alongside ATMLA owner Mark Schechter and influencer/podcaster Elaina St James for the next event in Silverstein Legal’s Legal Impact series – “Porn & AI: Legal & Community Implications,” coming up on October 10th! Though not exactly “new,” Artificial Intelligence (AI) is currently having a cultural and commercial moment, dominating headlines and inspiring new product launches – but what does this mean for adult entertainment specifically? “Porn & AI: Legal & Community Implications” will be live-streamed on Tuesday October 10th at 4 pm ET via Zoom. During this special event brought to you by Silverstein Legal, Silverstein will lead a discussion exploring issues related to AI, including emerging opportunities, potential community implications, and associated legal rights and responsibilities. “I can’t even begin to describe the quantity of legal work inquiries that my office has received during the past six months for legal issues related to AI,” Silverstein said. “I haven’t seen a single area of adult entertainment this hot in…

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Adult Attorney Corey D. Silverstein Provides Commentary to the Washington Post

Susanna Gibson is a Democratic candidate running for Delegate for Virginia’s 57th District. She is a nurse practitioner and public health expert who has dedicated her career to ensuring her patients have the resources they need for a good quality of life. She is also a wife and mother who has spent her career advocating for families and fighting for access to affordable quality healthcare, including reproductive healthcare. Recently, Susanna Gibson has been in the news due to an unexpected scandal after her explicit videos with her husband online were exposed. Gibson and her husband performed sex acts in front of an online audience and received tips from viewers. Gibson claims that sharing the videos is “an illegal invasion of my privacy” and “a sex crime”. She says she will not be intimidated or silenced by the scandal. On September 11, 2023, the Washington Post published an article written by journalist, Laura Vozzella entitled “Va. Dem. House candidate performed sex online with husband for tips.” As part of her article, Laura Vozzella interviewed adult attorney Corey D. Silverstein who indicated that “There is absolutely no law that they are violating — none,” he said. “In this case, you have two adults who are engaging in consensual sex,…

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Silverstein Legal’s ‘Age Verification Legislation’ Event Recording Available Now

If you missed Silverstein Legal’s discussion about 2023’s age verification legislation resurgence (what?!), you can catch up now! Cyberspace (March 28, 2023) - Adult industry attorney Corey D. Silverstein, the driving force behind MyAdultAttorney.com and Adult.Law, led the most recent event in Silverstein Legal’s Legal Impact series last week – and if you missed it, you’re in luck! The recording is currently available on Adult.law, YouTube, and XBIZ.tv. “Age Verification Legislation: What the &^$% is Going On?!” was live-streamed on March 20, 2023. In addition to Silverstein, the event featured special guests attorney Lawrence Walters, performer and producer Charlie Forde, and Grooby CEO Steven Grooby, was sponsored by YourPaysitePartner, and was hosted by sociologist Dr. Chauntelle Tibbals. The event recording is now available on Adult.law, XBIZ.tv and YouTube. "I was thrilled to have had the opportunity to put together this panel of industry superstars,” Silverstein said. “The discussion of age verification in the adult industry needs to be proactive versus reactive, and the fact that so many states are racing to pass new age verification laws proves that very fact." Dr. Tibbals echoed Silverstein’s sentiment. “All too often, we find ourselves ‘surprised by’ and reacting to mainstream initiatives levied in…

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Silverstein Legal’s ‘Personal Safety’ Event Recording Available Now

If you missed Silverstein Legal’s live discussion about protecting personal safety online and in-person, you can catch up now! Cyberspace (November 15, 2022) - Adult industry attorney Corey D. Silverstein, the driving force behind MyAdultAttorney.com and Adult.Law, recently held the fourth event in Silverstein Legal’s Legal Impact series. “Personal Safety, Online & IRL” was live-streamed on October 20, 2022. In addition to Silverstein, the event featured special guests Nate Glass (Owner, Takedown Piracy), Alison Boden (Executive Director, Free Speech Coalition/FSC), and performer and content creator Jada Kai. The event was sponsored by the FSC and was hosted by sociologist Dr. Chauntelle Tibbals. In addition to being available on Adult.Law, the event recording is now available on XBIZ.tv, and YouTube. “This live seminar was a tremendous success and I am thrilled that it can now be shared with those who couldn’t attend live,” Silverstein said. “The chemistry of the panelists in this seminar was spectacular, and information was shared that is beneficial to every member of the adult entertainment industry.” Per the event’s description, it’s never been more important to know how to protect yourself online – and in your daily in-person life – from threats facing those working in adult…

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