Tag Archives: lockdown

Corey Silverstein pic

Adult Industry Law in the Covid-19 Era and Beyond with Attorney Corey D. Silverstein TPP277

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In this episode I’m joined again by leading adult industry attorney Corey D. Silverstein for an exploration of the adult industry legal landscape in the Covid-19 era and beyond

About Corey:

Corey D. Silverstein is the managing and founding member of the Law Offices of Corey D. Silverstein, P.C d/b/a/ Silverstein Legal.  His practice focuses on representing many areas of the law that impact the adult industry.  His clientele includes hosting companies, affiliate programs, content producers, payment processors, website operators, dating websites, webcam sites, traffic brokers, social media websites and performers, just to name a few.  Mr. Silverstein regularly provides legal services related to: age verification and record keeping requirements (18 USC 2257), intellectual property (copyrights and trademarks), the Digital Millennium Copyright Act (DMCA), Section 230 of the Communications Decency Act, the Restore Online Shopper’s Confidence Act (ROSCA), Federal Trade Commission (FTC) compliance, first amendment / free speech, obscenity, corporate law, criminal defense, internet law, domain disputes and various other areas of the law.  Mr. Silverstein is an acclaimed litigator and dispute resolution specialist. His practice also concentrates on complex contracts, business structure, and business formation.  Mr. Silverstein prides himself in providing prompt and aggressive representation tailored to each of his clients’ individual needs.  Mr. Silverstein is regularly featured in adult industry periodicals such as AVN and XBIZ and has been quoted and published in mainstream media including the New York Times, FOX News, MSNBC, the Miami Herald, the Washington Post, the Detroit News and the Associated Press.  Mr. Silverstein is also a regular speaker at conferences throughout the world (United States, Canada, Colombia, Netherlands) and has made countless presentations related to topics and issues that affect the adult industry and online marketplace.  Amongst his numerous professional affiliations, Mr. Silverstein is a member of the First Amendment Lawyers Association (FALA). Myadultattorney.com is a website dedicated to the representation of adult industry clientele. Mr. Silverstein can be reached through Myadultattorney.com or by email at corey@myadultattorney.com. Mr. Silverstein can also be contacted by telephone at 248-290-0655.

My Non Verbatim Show Notes: 

CS: been in adult entertainment industry approx 15 years, law firm dedicated to adult ent, represent clients in more than 13 countries, harder in covid19 era to get with clients, crazy time period, government assistance package, funds used up, sba tapped allotment, provisions in the sba loan apps in essence disqualified certain adult entertainment, lawsuit filed in MI, strip club challenging constitutionality

phone ringing off the hook, issues coming in from all over the place

performers some never been busier, some can’t pay bills

Michelle from FSC, horrendous personal ordeal, suffering, being separated from families, wild right now

TP: dualities of different opportunities, liabilities, emergent properties, even preppers realize they have all these holes in their ship, didn’t factor in

xbiz newsletter, Utah legislation, warning label

CS: utah bill did become law, even though gov didn’t sign

telling sign, gov wanted nothing to do with

conversations with clients, each person needs to consult with own counsel

so poorly written, difficult time finding people to comply, virtually mandates you admit your content may be obscene

ridiculous

if someone does get fined, suspect pretty quick, constitutional lawyer pick up the challenge, unconstitutional

poorly thought out provision, state of utah, substantial religious motivations, shouldn’t surprise you, nothing new, unbinding declaration porn is health crisis

another reminder, always someone out there with an agenda to try to politicize adult entertainment

TP: web application firewall, not possible geo fence state ip ranges,

CS: uk age verification law, not hold, dead

TP: can’t geofence ip ranges for a specific united state, terms and conditions, not allowed to access website if resident of this state, if you do, violating terms, you can’t really enforce that, not using mechanism, does that have any protection

CS: don’t think answer to utah law, is to contract a way out of it, way its written takes presumption all adult content is obscene, have to label site as such, don’t see any way around it, someone will challenge as unconstitutional, wouldn’t take position to try to contractually limit it

there is some technology out there to ban state traffic, acts as admission you believe content obscene

already have federal obscenity test, articulated by us supreme court, as much as utah would like to define obscene content, eliminate adult entertainment as they see it, federal case law differs

TP: clarity on terms, realizing I take for granted they’re gonna think everything is obscene, operating on their terms,

CS: gotta read language very carefully, want you to write statement, adult content harmful to minors, whatever exact language is, utah once again went way to far, silly, nothing more than some politicians…want to run for office often say a lot of things, crack down on this/that, promise part of far right, curb back pornography, very telling, governor wouldn’t sign it

TP: bill in california, would impose dmv style license or food handlers license exam for anyone in adult entertainment activities, cam models, porn shooots, all forms of sex workers, what’s your take on that

CS: ab 2389, scarlet letter provision, state of california, article in xbiz, wrote about this topic, bill that would prohibit adult entertainers/performers unless received certificate of training completing regarding employment rights

originally language said needed valid business license, would have required adult entertainers to go to state of ca, proof took course, fill out application, fee, finger print, state directory of adult entertainers being held by state of ca

possiblyi one of the most ridiculous things I’ve ever seen,

reminded of scarlet letter, young lady who was alleged of adultery, required to run around with giant letter stapled on her

when I see statutes like this come out, who even thinks this stuff up

originally two supporters, one of them dropped out, backlash was massive

quickly amended it, has not become law as of yet, I don’t think it will pass

ca already had wars with adult entertainment industry in the last couple of years, not sure they want to end up in courts with this one, hopeful common sense will make them realize this is just a stupid idea

can understand, state of ca, wants adult entertainment workers educated, don’t see how its their right to mandate education

not a supporter, horrible for industry

for individual rights, think this is a massive step backwards

question true motivation, politicians behind this thing

this bill has not passed

lot of laws…get proposed never become actual laws

TP: interview with several officers several of the high ranking folks at the international entertainment adult union, original source of pressure on legislators to collaborate on crafting the language for this, govt, hammer that only sees nails, boilerplate language and strategy, compelling people to dox themselves, trusting gov to have digital honey pot database, hacker dream come true to exploit, data breech, applicable privacy laws, you’d never want to give them more information than they already have to do their own work to try to collect

spirit of it, opinion, I believe they adult performer advocacy committee has an industry voluntary stamp of approve for their standard of set rights, education or performers, website production house does their training, complies with their list, that’s where you want to go, industry self policing to standards that are worked out between actual stakeholders, not involving gov agencies, conflicts of interest, slow, ineffectual

CS: industry filled with a lot of different trade organizations, tremendous work, amazing results, free speech coalition, woodhull freedom foundation

I wasn’t there, don’t know what was going on behind the scenes, in front…never get the whole story

don’t think this was thought out well

not saying anyone had bad intent, suggesting this wasn’t thought out very well

when it comes to adult entertainment, it’s all about free speech,

rules regulations, certiications, another steop closer that you’re walking on top of people’s first amendment rights, always urge tremendous amount of caution

gov should be talking to trade orgs

listened …more to industries ideas regarding 2257 we wouldn’t be a 15 year court battle, however many years

goes both ways

in this particular case, no doubt…as to what this thing can do, …tramples first amendment

hard time to believe any adult entertainment entrepreneur would support this bill

TP: gov just wants to take money, give an inch take a mile, unlike a lot of other industries, one of the few where regulators aren’t in revolving door with industry

anywhere expect to be collusion/corruption, perverse incentives

CS: big issues, lot of politicians want to talk about it, soap boxes…won’t have telephone conversation, won’t meet with actual sex worker…that’s the problem…heart of fosta/cesta, any sex worker on planet, ask whether done any good, answers gonna be no, 9 times out of 10, nothing new hear,

does it really help, does it change anything on the ground, it doesn’t what’s what we’re seeing with fosta/cesta

brilliant lawyers involved [fosta/cesta] case, successful in court of appeals, message to trial court, sex workers have a legitimate argument, deserve day in court…hoping…more victories

TP: monkey wrentch in gears of court procedings, coronavirus, futurism mode, what do you think prospects are, whore-archy, come together organize, sex worker outreach project, doing fantastic work, could you imagine that this economic collapse/crisis after effects long term could their be an impetus to fight back against prohibition of sex work in general, reverse backlash

I could see a lot of people going into sex work, people who never would have thought about this before, have to do, because its the only thing people are paying for

CS: here’s the thing, simple fact…you can continue to pass ridiculous laws, base them on whatever you want to base them on, fact is, sex workers…not going to stop, fosta/cesta ill conceived

covid19 era, totally different world, people really should be exercising social distancing, limiting contact with other human beings…sex industry probably greatly been affected as well…notion, thought, this is where gov is wrong, that they can just keep passing laws and that’s someone gonna stop it isn’t gonna work, that’s not who you solve problems

other countries throughout the world that have legalized prostitution, that have legalized different forms of sex work that here in the us are illegal…seen crimes against sex workers with proper legalization/protocols, actually much safer

getting into issue, reality, politics, agendas, belief systems not based on fact, religious beliefs or whatever

I don’t see sex work necessarily going away, disappearing, do believe pandemic has hurt that industry very much…responsible people should be social distancing…minimize contact with other human beings…stop the spread of this aweful virus

when this is all over…getting back to normal…don’t think the sex work industry is a gonna skip a beat..

TP: new baby boom, 9 months from the vaccine roll out

CS: pregnancy through the roof, divorce through the roof, people married forever never had to spend this much time together in their lives…now they’re getting to know

TP: internet bandwidth, 5g tin foil hat, people got their netflix, zoom

[

CS: netflix has admitted, changed policies, limited…people have to make tough decisions to protect their networks, don’t fault them, probably a good thing proactive

TP: if you’re savy and healthy you could really ethically capitalize on new niches of oppportunity, survivors and winners are gonna be the big winners, hopefully not just bailed out fortune 500

crypto, stable coins taking up market share

any thoughts on state of crypto for adult

gonna be stress tested by covid era as well

CS: crypto is and continues to be a long term play, don’t believe crypto will be running the world over night

icos folded up, shit coins, a lot of those fold up and go away

adult crypto continues to be accepted,

if you follow wall street, crypto now accepted, mutual funds, canadian stock market, mainstream legit financial branches accepting crypto, continue to be excellent tool for adult, any adult business needs to consider their future with crypto, have to have as potential option, still believe in it

a lot of junk out there, bad players, but industry has been weeding those out

look at dozens if not hundreds of “coins” that have basically disappeared, that’s not the worst step

crypto will continue to grow in adult space

learn about it, understand, don’t have to be afraid of

old school politicians want you to think crypto is a bad thing

crypto currency, blockchain can be used for so much more

big growth as more people..less intimated by it

bitcoin…still off all time high…tremendous amount of growth potential

TP: proving itself out more and more everyday,

thoughts on libra

CS: I don’t think libra’s gonna work, don’t think you can call it a cryptocurrency

are they using blockchain technology on the backend, yeah, do I consider it a cryptocurrency no

I won’t use it

google plus,

TP: in recycling bin of time

CS: think about how many people who don’t have debit cards, local branch of bank is closed…because covid…crypto currency never closes ever

TP: coins are hygienic as you could ever get

CS: bitcoin article, they use gold coin with b and dollar sign, stop doing that…segment of people that thinks it’s a real thing…no how it works…hopefully people will see past that

TP: earn it act

CS: end of the world!

Longer conversation, probably gonna have to dedicate more of a conversation, lot of history, premise of bill, as of right now…website can benefit from section 230, earn it act wants to do…flip that around…as opposed to automatic section 230 immunity you would have had to “earn it”

problem is…not entirely clear on what exactly companies would have to do to earn it

sets back free speech on internet tremendously

section 230, internet companies cannot be held liable for positing of users, now though…when you change that around, …onus on internet companies to start…monitor/police content…cut at the heart of what section 230 is supposed to do…in terms of freedom of speech

gov…access to encryption, a little new still, no one is completely clear…on what they’re asking for

require encryption but they have the key…terrifying…

act itself needs to be watched very carefully

anyone in IT business, search engine…online store…

need to be very careful about, need to be watching it

companies now fighting it

there’s gonna be a lot of resistance…big companies, facebook, etc. I think they’ll be fighting it hard…but…some will support it

don’t think this is good

another example of attacking free speech on internet, policing content on the internet, don’t think that’s good at all

internet…greatest inventions we’ve made

in this instance…start getting into this position, service providers responsible for content users post, going down that slippery slope

TP: could you imagine there would be a proactive constitutional amendment to explicitly protect strong encryption

CS: constitutional amendment, no

TP: just precedent set?

CS: we have to keep protecting section 230, anybody who attacks section 230 is attacking the IT industry, attacking free speech on the internet

wake up, strongly take position, no we don’t want more holes being cut in section 230

earn it act, highly based on sexual exploitation of minors, that’s fine they’re saying that’s what it’s for, absolutely agree that’s an important issue, the way they’re doing it…like taking a bazuka to eliminate an ant hill

just doesn’t make any sense

gov has to get smarter

age of internet people are smarter

reading, want to know about these laws

years ago gov had it a lot easier to slip things into bills

big believer in free and open internet

TP: thank you so much, covered so much material, invigorating

very reassuring, thank you so much for doing all the work that you do, on behalf of free speech for all, adult entertainers/performers, industry ecosystem

closing thoughts

CS: everybody stay safe, be smart, take care of love ones, make sure you’re doing the best you can in terms of social distancing, each person can do just a little bit to help stop the spread

myadultattorney.com

twitter, myadultattorney

email directly corey (at ) silversteinlegal (dot com)

 

Sagrada Pic

Urban Permaculture and Post-Pandemic Food Security with Sagrada TPP270

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In this episode I’m joined by Sagrada where I get on my soap box to answer some of her questions about urban permaculture and post-pandemic food security

Subscribe to her YouTube Channel at: https://youtu.be/U45_aVzXNXU

My Non Verbatim Show Notes:

S: Mom in east la, Paranoid, restless, gardening, getting into tarot, finally posting videos

TP: for a few months been in zombie apocalypse survival retreat bug out location farm stead site

trying to drum up online business, possibly sell of crypto at a loss, I got to a point where I decided I’ll take some calculated risks, maintain best practices for hygiene, physical distances, evolving protocols and procedures minding restrictions, come back to employment that I had, working for permaculture landscaping companies, with certified permaculture designer founders, one of them amazing former hollywood set designer, high end west side clients, beverly hills, santa monica, pacific palisades,

worked a lot in malibu, fancy parts of orange county

we’ve all be so drunk on prosperity, people do landscape yard make over, still kind of ornamental, even if more drought tolerant, still feel like you’d have to be a hippie to grow your own food, or veggie bed is quaint and cute, but I’m not gonna grow an edible jungle

Larry Santoyo, god father of LA permaculture, deep root, going back to the founders, trained a lot of people, paraphrase all these white hippie new age purple breathing wannabes want intergenerational households and back yard food forests, he’s like oh yeah, cross the la river on the east side and that’s the norm

I’m back in la. Swinging pick axes, because people want to grow food

tear up that front lawn, make some room in the parkways

essential services in agricultural sector, contracting ecological design, rain water harvesting, storm water diversion

still see mow and blow landscapers out there, poisoning insects, they’re out there doing their thing

we’re doing some more vital more protected, involving food production and security

interesting because one of last things I said to main employers after I ran to the hills, I love what we do, but I’m taking some time off while this is happening to build up my personal food security in the mountains, honestly I wouldn’t want to risk my life to just be flipping lawns in inedible ornamental landscapes, that’s the hill I want to die on, polishing brass on titantic, but if we’re gonna help people grow food, medicines, harvest rainwater, solar, composting, all the stuff we love to do for ourselves,

hope this supply chain shock, does what happened in cuba, ussr fell, had to be self sufficient over night, organic gardens every where, riding bikes, post peak oil, oil was cut off, crystal ball of the future

what has just happened with corona virus is an acceleration of what’s been predicted about climate change doom sayers

transapocalyptic business plan, help people grow food as licensed contractors

untouchable by gestapo, they gotta eat too, don’t break the hand the feeds you with that baton officer friendly

S: working in the garden composting in, rain catchers, filtering, lot of outdoor projects weren’t even able to get to fully because we were all working full time, perfect moment to spend more time and learn about that, gonna take permaculture certification, know practices more, getting hands dirty, even have fruit trees, is already super prepped to be a little edible jungle

wondering about a lot,

TP:

large percentage of content addressing this reality, feel like this is the time while people are paying attention and have the free time, the real stimulus package should be stimulating your soil, by stimulating it with compost tea, go back to work part time cuz you’re growing half your food

people geeky about permaculture already been doing this stuff for however long, wishing and hoping it would be the easy way not the hard way that their neighbors get on board, this is the hard way but not as bad as being at war,

ancestors were asked to fight the nazis, we’re just being asked to do nothing and stay at home

other people take the risk to feed you, could be a lot worse

S: psychologically damaging regardless, abrupt coercive, that’s how it feels, people really strong mentally, people who are gonna be okay, just wonder about people affected psychologically, gatherings, basic human things we are used to, not measurable, hasn’t been done before

the indefinite part of that, of all of this is what’s most draining

difficulty of it, following rules, not hard to do

TP: feel you on that, heart goes out to younger people, couldn’t imagine when my social circle was everything, now I’m more of a loner, it happens with age

when I was younger it was all about the group mind, clique, high school, punk scene, activist scenes, always hanging out

for me now, that’s not a priority, just want to do me, to be more secure

S: people who are single, recently heart broken, people who are teenagers, already don’t have freedom, now they have to be in abuse household, not in power, not in control of anything, I just wonder, if feel the energy of all that

TP: neighbors see you gardening?

S: people wearing masks, wondering if I should wear mask in my own yard

TP: yeah lead by example, studies are showing larger ranges than 6 feet to spread virus, Dr. Eric Ding take on headlines, on studies coming out, are the best, lot of good press and feedback, constantly myth busting things people use to minimize, rationalize cutting corners, whistling past the graveyard, so new, not one study could really be relied on the gospel truth, it could be disprove, everything is so new, highest level of precautionary principle, most extreme data 6 feet is not adequate, range of days living on surfaces, meters spread from the breath, like the idea of people getting crafty with making designer masks, making lemonade out of lemons

a lot less sickness will be passed around in general if this becomes the new normal, people won’t be so pressured to put on make up, different game of hooking up, gotta get to know someone cuz you can’t see their face

S: thinking about, a few plots of land, totally empty, guerrilla gardening, want to empower people but have to stay away from each other, don’t want to be the only garden on the block, for other people that live in la totally fine to garden on the parkway along the side walk, doesn’t belong to the property owner, belongs to the city

TP: Ron Finley guerrilla gardening civil disobedience, fought the city, made it possible for everyone to grow food in the parkway

S: heard about that, started one in 2017, in an apartment I used to live at, been gardening for a while, you gotta talk to people and let them know otherwise you’ll be the only one gardening, can’t eat everything, it’s good to share, its great, a lot of people don’t know that

home depots closing in some areas, chaining off the seeds, not allowing people to buy seeds, I don’t know, saw some pictures, seeds were off limits

TP: weird stuff in ag industry, I been posting on craigslist for bulk discount produce, millions being dumped, most tragic thing, if I had the infrastructure I’d be collecting it, for composting, and for replanting, garlic, chives, green onions, potatoes, carrots, pineapple, list goes on

grocery store lots can be replanted from the produce section, gives a head start, beets, sweet potatoes, water cress, herbs that are plantable, in soil, intact, a whole garden project out of what’s already still alive at the grocery store, wasting so much, all those people backed up at the food bank, this is farmageddon 2.0, all the people who are trained to know what a transition to a local food security economy we study the history and strategies, just tapping our feet, when do people say we need to stop relying on the globalized just in time supply chain, we need to do edible landscaping

everything in la county civil engineer landscapers, some plants have a purpose, but for the most part, it’s pretty much inappropriate, not native, inedible ornamentals, for shiggles for rich people to look at, public policy nightmare, public edible ecological food forests, hand full of cities in the us, broken free of phobia of public edible landscapes, partnerships, stake holders, designers, you can imagine, of all the community gardens that are out there, plagued by junkies that come and shoot up, racoons, rats, critters, you don’t just get to have this picturesque tidy urban farm that doesn’t attract a lot of other issues, to be rewilding the urban landscape so you have a resilient ecosystem you can forage in, you have to give up some creature comforts, fighting all the animals

dream big, this is the time me and my peeps are gonna try to nudge that paradigm with all the strength we can muster if we can survive ourselves this is a time to show people what they’re missing

S: suggestions for starting gardens? What about where are the seeds

TP: sunset nursery, favorite nursery

there’s a lot of stuff going on in micro and macro economic landscape, try to be a few steps ahead, not as much as the insider trading congress people, didn’t get to in that trade, bet against america and win hard, bankrupting all the poor people

in general being a few steps a head, chaos all these factors, the dollar is being inflated infinite printing money unprecedented levels dilutes, weakens overprinted mighty dollar, value becomes less, economy has to absorb falsehood of unbacked fantasy currency, not gonna be over night that it’s value reduced

bailouts in 2008, other times in history increased supply, history of fiat currencies around the globe in a war, a government has only two options, raise taxes or print more money, printing money is like raising taxes, stealing value from people

bitcoin based on a hard cap, limited fixed supply digital gold, can’t be inflated

unlike dollars

people overspend, go into debt, addicted to spending

that could be a whole series on how all that works, bring people on how can articulate pivotal points better than me

so many things are shut down, businesses activities shut down, less demand

supply and demand in decline because of covid-19, and value of dollar is decreasing

doesn’t just get rebooted by pressing the its okay to go back to work button

geographically isolated economic collapse, not usually whole world

in u.s. buffered by oceans in world war 2

empire the was able to restructure the world, pimp the bombed countries, 3rd and 4th worlds, now everybody’s taking a big hit

on one had, bargain deals of the millennium, people desperate, start dumping assets on market, prices will be driven down, things will be up for grabs

the counterbalance to that, simultaneously scarce items that are in demand will get price gouged, and scalped

raw capitalism

some goods and services are gonna be cheaper than they’ve ever been, then stuff that will be so scarce, people will pay anything for it

for me, be savvy, build a future by having capital in reserve, apply money to long term regenerative ecological assets, food security infrastructure, for local gardening

buy stuff when people are trying to sell

sucks to be pilfering, scavenging salvaging from people in distress, but hey if they’re happy to have whatever they can get for it, you’ll make them happy

that’s why I wanted to go back to work because if everything I want is gonna go on sale, I better have more money to get it

lot of people doing whatever they gotta do, don’t just spend money on whatever, invest as much as possible into regenerative infrastructure, seed stock, live stock

S: think this is gonna effect the price of houses and land

TP: real estate market gonna take a major hit, people can’t even see properties, virtual open houses, real estate industry still moving along but it’s tore up, people can’t move around

the further you get from hipster zones, the cheaper land gets, because of age of farmers in america now, buying opportunities like never before, last couple generations of farm families haven’t been maintaining the farms, gone to cities, to tech jobs, to college, average age of farmer if pretty old,

you could lease land and be a tenant farmer, not responsible for huge hidden cost burdens of owning property

helping them, retrofit to be organic, permaculture, they may have tractors, crops, maybe even a business, if we can take the leap of faith out of overpriced hipster urban zones, go back to land, will have way better options than during the dust bowl, ag industry devastated by ecological disaster, as bad as climate change is we can go back to the land, still have hipster culture online, don’t have to be a shit kicker at local saw dust joint

new movement of back to the landers, forced out of over priced hipster zones, help out aging farmers, bring new energy, could have a whole reboot of american ag sector, organic sustainable, we’ll be all the better for it, healthier happier, next time mega super bug comes around

public health, they didn’t come out and ban sugary products, obesity, diabetes cofactor in deaths from covid

be careful, don’t work to hard, don’t want to end up anywhere near the hospitals, stay healthy avoid the hospital for their sake and yours but get shit done and plant some shit