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AFA Journal
PORNOGRAPHY
What Ashcroft Can Do About Obscenity
Pat Trueman
AFA Director of Governmental Affairs
AFA Journal, June 2001 Edition
During my several years working in the Criminal Division of the Department of Justice, it was required that any credible complaint asserting a violation of federal law be referred to an appropriate federal investigative agency. Concerning Yahoo! that should happen, and I believe it will. The FBI or the Postal Inspection Service would be such an investigative agency.
AFA suggested violations of both obscenity and child pornography laws and even pointed to where the material may be found on Yahoo!’s site. Though the company announced soon thereafter that it was getting out of the porn business, it would be unlikely that an announcement alone would influence whether an investigation goes forward. AFA has evidence that Yahoo! still makes available both obscenity and child pornography as of May 4, 2001.
That Yahoo! felt free to traffic in illegal pornography during the Clinton Administration was not surprising. But their recent announcement to expand their involvement seems suicidal. President Bush promised in his campaign to have his Justice Department pay more attention to obscenity and child pornography. We saw his selection of John Ashcroft as attorney general to be a sign that he would make good on the promise. Perhaps more importantly, the pornography industry agreed. In their trade publications, they cautioned retail porn distributors that increased scrutiny and prosecutions would follow. “The eight-year free ride we have received at the federal level is probably about to end,” one porn producer warned.
Yahoo!’s involvement in the pornography business is legally confusing. People assume that because it is one of the most frequently visited Internet sites, obscene material and even child pornography must be legal because if it were not, those involved would be charged with crimes. The Justice Department cannot ignore such flagrant violations of federal law from such a prominent company. A prosecution of Yahoo! would have a significant impact on other mainstream companies that have moved into the porn business.
Soon, AFA President Don Wildmon and I, along with representatives of several pro-family groups will meet with the Attorney General. We will detail our case against Yahoo! and other violators and let it be known that we want – no, demand – that federal obscenity and child pornography laws be enforced. And we won’t stop demanding until they are!
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