How The California Safer Sex in the Adult Film Industry Act Impacts YOU!

If you haven’t read the previous post..The text of The California Safer Sex in the Adult Film Industry Act, go do it NOW!

Much has already been written about this but There will be things here that will be useful to everyone.

First lets get some things out of the way.

This is well written legislation and it has more teeth than a school of barracuda.  It is all based on existing law and technically doesn’t allow for civil action that couldn’t already be taken.  What it does do is quantifies and codifies it into one law. Much has already been pointed out about how it makes producers civilly liable for non condom shoots.  It also makes penalizes agents who send talent to non condom shoots.  All of this has been discussed here on in the past.  These are already actionable under civil law.

If you think this law will go down on a constitutional challenge you’d be wrong, it won’t.  There may be some small areas that would, like licensing producers,  but the law as a whole will stand.  It is sound and it is wholly based on existing law.

I made the statement many times over the years that one competent attorney could completely bankrupt this industry with civil lawsuits.  Welcome to the dawn of that prophecy.

If the industry wants to fight this they had better build a war chest, a big one and they had better NOT lay it in the hands of the incompetent group of morons at The Free Speech Coalition…Simply ask yourselves how that has worked for you so far?  You have a likely passage of this legislation by 71% of the likely voters.  Cons like slate mailers ain’t gonna overcome that…matter of fact you would likely see it grow in the wake of more bad publicity for the industry.

Don’t think running to Las Vegas or anyplace else will be a viable solution, this legislation will follow you, not to mention existing legislation may provide a stumbling block, Nevada is already talking of applying the same rules they have for brothels to any adult filming done in the state and unless you are completely clueless you know those rules require condoms.

If you haven’t read the text of the act  …one more time…do it NOW!

Who it effects:

Performers: Actually as a whole  it is VERY pro performer. It provides for 50,000.00 dollars every time a performer shoots without a condom, it also provides large monetary rewards for whistleblowers.

Producers:  Producers will be responsible for paying those penalties in the form of civil awards.  Producers will also have to be licensed, this is one area that could be challenged on constitutional prior restraint grounds.  It does have basis in law in that it IS constitutional to require licensing of dancers even though dancing is protected free speech.

What is interesting is that this law would have no real bearing on a company like Evil Angel.  Because every one of Evil Angels Producers IS an independent producer with his/her own company THEY would be the ones responsible for the fines, NOT Evil Angel. So Manuel Ferrara for instance, has a TON at stake here if he chooses to shoot his movies with no condoms.  John Stagliano would not be liable for penalties imposed on Manuel’s shoots.

In most other companies it would likely be that the producer would be deemed to be an employee of the company as things are now.  Look for companies to start taking moves requiring producers to have federal tax ID numbers and valid companies before the company will purchase product from them.

This differentiation may also be the bills biggest loophole as we will discuss.

Agents: There is liability on agents who knowingly send performers to non condom shoots.

There are other things but these are the bigger points.  Now, lets talk about how this would change the industry and where the potential loopholes are.

One thing I did last night was contact a handful of very high profile glamor models who don’t do boy girl.  After I explained the requirements of the legislation more than half responded that they would likely at least consider doing boy girl scenes if condoms were a strict requirement.  The result could be a much higher quality of girl coming into the business and way, way fewer performers as a whole.

Here comes the loophole I see.

What if Manuel and Nacho Vidal decide they want to do a gay scene together non condom….they simply become co-producers, equal partners in that scene. Since they are the producers they won’t be suing themselves….This is what I would envision as the husband and wife loophole.  Lets say a husband and wife are doing a website, they only work together and they own the website, as both producers and performers the law would have no effect and therein lies the potential fly in the ointment.  If the performers in the scene all OWN that scene and are all equal producers and the performers arent hired through an agency nobody faces a potential action.  This scenario would change how porn works and could potentially finally give performers an ownership stake…the downside of that would be that the performers would no longer be paid for the shoot on the spot, they would be paid when the shoot sold.

There is more but this is a good starting point.



116220cookie-checkHow The California Safer Sex in the Adult Film Industry Act Impacts YOU!

How The California Safer Sex in the Adult Film Industry Act Impacts YOU!

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88 Responses

  1. Finally this has been a long time coming. I seriously think it is retarded it has taken this long to make Condoms mandatory. That being said if AHLA or who ever it is really wants to screw the industry they will move to make this Federal. Which probably is not that hard to do.

    As to the loopholes. First i can see many solo or glamour models considering returning or entering adult. The difference is most of them are already set up as Producers of their own content with websites. Reality is Glamour models are much better equipped to deal with being producers then the actual porn girls. Most of the porn girls don’t fully own their websites which is the first issue. Second issue is well content. Being that the content is multi use. Meaning girl X and guy Y shot it via company P. Thus your still going to have a condom.

    Mike also brought up the solo girl site husband and wife deal. Sure hubby and wifey could probably shoot with zero condom. But as soon as you do a content trade it would become condom content even with both being Producers. Reason being your business partner is exempt being the husband. If you swap husbands that is a different partner then on your legal documents. Most of these sites would not care anyways being they are usually swingers and condom make little difference.

    Reality is this Performers are in the drivers seat with bill. Now the real question becomes are they stupid enough to bitch about it or are they going to shut up eat their cake and get rich. With this bill any porn girl with a biscuit of brains will become an LLC tomorrow. She will own her website lock stock and barrel. She will get someone half decent to shoot her content. All condom of course. Which i truly believe about 60-70% of the real girls do already. They will see it is pointless to continue to shot for Evil Angel and every other company they are dead meat and no longer needed. Shoot two scenes for every content trade. Giving each chick a scene. Cost of content becomes next to zero for the girls. No need to hire the male talent content trade with them. Start doing fuck a fan scenes. Yes legal prostitution. Female performers if they have half a brain could easily turn this into mid 90’s profits with site charging 20-30 dollars a month. With next to zero privacy because you kill the affiliate program model and use SEO and SEM and social media to drive your traffic. The biggest issue will be it means actual work.

  2. +1 for John here. regarding the husband wife thing,,,,you dont make policy based on the rare exception to the rule. Really, what percentage of the industry is husband and wife porno? But when husband and wife become employers and employees, thats a different thing all together. The law makes no distinction in the employee vs employer category just because the people are married. The LAW still applies. You can do what you want in the privacy of your own home, but when you turn your home into a place of business those privacy concerns go out the window.

  3. I’m telling everyone this. In a year Porn will not look one bit like it does today. The days of major companies are over. Evil Angel would still stand to be in legal trouble. Just because they are a group of producers and each in independent does not make them exempt. I used to work for a company run off that model we still where held accountable for 2257 issues. EA might try and skirt the issue but in the end that will be a quickly filled loophole. By selling the product they are assuming said risk and responsibility for the product. Meaning they are vouching for the Producers. its called trickle down.

  4. Instead of paying someone in the U.S to shoot a scene, it’s easy enough to pay someone in Europe or Mexico to shoot the same scene for the same amount of money. A Lot of the more popular U.S based porn stars already travel to those places to escort, so its easy enough to make happen if you have to have non condom material. That’s the reality. Any producer for Evil Angel or any other company can easily set up shop in Mexico, it’s only 2 hours south of Los Angeles. It’s really not that big of a problem.

  5. I shot for several years in Europe and Eastern Europe back in the mid 90’s. As easy as it sounds its not. Sure it is simple till the local thugs come knocking wanting their cut. In mexico that is cartels. No girl in her right mind is going to TJ or anywhere else in Mexico to shoot. let alone asking me to risk my 30k in equipment.

    Eastern Europe is simpler but with the way Russia is right now everyone their is looking for ways to increase their profits. Most of these girls would end up screwed.

    Lastly again simple to close the loophole in the bill. Porn is not a global product when it comes to production the way other products are. it deal in humans. Human trafficking becomes a problem to a degree. So many laws in other countries to deal with. Then you have taxes to deal with countries are going to want their taxes too.

  6. And you think the Mexican Federales are just going to stand by and let this industry move into their country,,,,REALLY. The AMERICAN porn industry needs AMERICAN performers,,,like Dave Pounder once said, “There will always be a market for the American girl.’ And very very very few American porn girls are going to Europe or Mexico. hell, most of them can barely, if at all, afford to go to Vegas for the AVN’s. It now appears that even Nevada isnt the solution the industry portrayed it to be. JOHNE72, got to agree with alot of what youre saying. Do these people in the industry actually believe this crap about moving to Mexico or Europe? LOL

  7. Is APAC going to ‘educate’ performers that they will be able to sue their agents for $50,000.00 if they book a non condom scene? LOL

  8. APAC and all performers,,,,,you could make more money in one single lawsuit, agaisnt one company and one agent, that you could ever dream of making in the industry today. You could do it TODAY, as virtually all of the things in this proposal are ALREADY the law.

    Anyone up for some CLASS ACTION action? Major booo kooo bux just waiting to be had. 1700.31//// 1700.33 EVERY SINGLE AGENT, every single day, violates these two statutes,,,and EVERY SINGLE PERFORMER could sue thier agents today for these violations. Its already the law. Read it yourself. ( now what makes me thinks there will be a very well times lawsuit filed just in time to sway a few voters come election time,,you heard it hear first) now where the fuck is my money?

  9. No one has to move anywhere, if I want a block of exclusive scenes shot for me in Europe it would take one phone call. Within a couple weeks I’d have a hard drive with my content, model releases and I.D’s. This is fact. Getting the American girls there isn’t that difficult as long as it’s worth their while. Nacho already shoots in Spain and Manuel can go back to France and shoot content. And in Mexico porn girl go down there all the time for expo sexo and I just had some friends go for Playboy Mexico. I wouldn’t need a shooter to risk his equipment when I could hire someone there to shoot it or you can rent the equipment there. Organized crime… what are they going to do? Steal your content maybe? Thus far they haven’t been too interested and the drug cartels are here in the U.S…. and in a very big way. Anyway that is just if you WANT to shoot non condom. It’s really not that hard.

  10. Non condom porn being shot in California may be coming to an end, but if you need non condom scenes a company can “outsource” and hire a shooter in another state. Maybe someday the law will go national. At that time a company will have the option to again ” outsource” to shooter in other countries. Maybe someday shooting porn without condoms will become a law in every other country. Maybe then porn will be like Internet gaming and non condom porn will only be shot in Costa Rica or Isle of Man.

  11. This is only a California law. It only gives the guidelines for shooting material within the state of California. Prove the content was shot outside of California and a company is not in violation of this bill. For example Mike South can have an office in Los Angeles while still being incorporated in another state or offshore. Mikes material is shot in Georgia so he’s not violating anything. His product is sold online, what taxes does he owe to California? It’s just an office he has in Los Angeles if he chooses to keep one there.

  12. You obviously dont understand how these things work in mexico. And American girls going to Europe on any scale large enough to satisfy the demands of the market, laughable.

    And the OSHA laws are NATIONAL, right now, theyjust arent enforced. Cal-OSHA CANNOT enact any statute that is not at least equal to the federal standard. aybe you should read the proposed OSHA changes to 5193, as they relate specifically to the adult industry. The days of these bullshit arguments you are proposing here are long over. You might get some positive feedback from the choir, but outside the choir these ships sailed long long ago. Remember how Nevada was goint to be that industry savior,,,lets see how well thats going to work out. The industry kept repeating this, the choir kept echoing this bullshit, and then, lo and behold, it was all bullshit. PS,,,the organized crime in Mexico is the government. Are people still actually believing this claptrap?

  13. @jilted Everything you say is opinion, and not a very good one since you are NOT in the business and you don’t know anyone in the business. As I mentioned before, outsourcing scenes isn’t hard and would take one phone call. Everything is done online so I could even have the new scenes uploaded from the country they are shot in as well. I’d need the hard drive so I could sell the scenes to broadcast since LFP/ New frontier only accepts those scenes properly formatted on a hard drive that you’ll never get back. So be sure to make a copy before you send it to them. But you wouldn’t know anything about any of that would you @jilted

  14. OSHA is national,,,,while OSHA regulations in the state of califonia are administered by the state, it is stil a federal program. Prove the companies are intentionally changing their established business protocols with the intent of circumventing any law, thats another can or worms altogether. You need to read the ENTIRE proposal, it specifically addresses these issues. read the part about bringing anything filmed in any other location that is in violationof this law, and then bringing it into the state of California. Again, these ships that youre basing your arguments on sailed a long time ago. Wishful thinking, and just disagreeing with the law does not exempt you from that law…….Why cant all the great legal minds at the FSC make their own initiative and get it on the ballot,, NOTHING is stopping them, well except they would lose.,,,And it would cost MONEY, so the FSC and the multi billion dollar industry(LMAO), is lacking two major things, money, and competence.

  15. I am not in the business and I dont know anyone in the business. REALLY? LOL You just jumped the shark.

    And OSHA regulations are national, that is not an opinion, it is a fact.

  16. There will never be LARGE scale outsourcing that you describe here to get around these laws. Here and there, very possible. INSIDER, do you think the American market is suddenly going to forget about the American girl/ If the american market wants Euro porn, it doesnt need to get it from an American company. The American market wants American girls.

  17. @johne72 Nikki Benz and all the other top models will go where they need to go to shoot because when that time comes they will be able to command more money. There are so many websites and content producers that none of you have every heard of in other countries that shoot in their own languages. You guys think we americans are the only ones that have our websites? In Spain I can think of 5 people without even trying hard that might want to shoot Nikki Benz. Let her know she has a few scenes booked and cost for the flight covered and she’d be there as long as the price was right. Nacho, Toni ribas, torbe, all spice, studio canal just to name a few in Spain. Plus escorting money they will make over there. It will cut down the talent pool because only top girls will be welcome, but that’s a good thing. And again, it’s only if you have to have non condom.

  18. LOL.. @insider your missing the point. Yes at this point it is only a California Law. Give it time probably less then two years before its either FED or close to everystate. Ever heard the saying shit runs downhill? Well your watching it and have been for several years if your in the industry. I first started shooting porn in 93 or 94. I have years on watching this debate and wondering why common sense never prevailed. Condoms are a simple deal that hurts no one. It does not hurt the bottomline at all. Sure a few types of scene would not and could not function because of condoms. So what.

    As to moving around via a server and posting from different locations or shooting from one place and uploading from another. Several issues arise. First where you shot that content. Where your claiming offices, 2257 paperwork, this new paperwork, lastly budget and quality control. By you physically not shooting your content if you read that law your not the producer. The producer is who ever shoots the content period. So now all your actually doing is running a website. First issue say your getting stuff shot out of Prague but your site fans want American girls how do you fix that issue? It becomes impossible to send a girl to Prague due to costs. Next you run into colocation issues. Once this gets say a year or two down the road your concept will be written into the law and that loop hole will be closed. Reason being is several. First lack of control by the GOV. Second tax issues and testing and 2257 issues, As we all know the GOV will find a way to bend you over and ass rape you. Lastly I suspect that in closing the loophole they will require colocation in the US, I also suspect they will require as part of the permit processing locations. Once they zing you on locations not being in the US they will simply shut you down.

    Lastly all this work your going to put in to circumventing the CA LAW and eventually Federal will cost more then it would of in the first place to just shoot condom scenes and comply with the law. At the end of the day your headache will be less just spending a few hundred a year even a few thousand. Well we all know performers are going to lose $100 a scene to pay the producers the fee. Plus testing costs and what ever else not. In the end it will cost you a few grand a year. Much less then it will cost you to play games and try and be an outlaw. Why bother?

  19. LMAO no they won’t. They will all shoot only for their own websites. The PRODUCERS and Large Companies will no longer be able to hire them. Why would Nikki Fly anywhere to shoot a non condom scene when she can shoot for basically free for her own site or any of her 100 friends sites doing a content trade. If anything these girls will make 4 to 10 times more than what they do now off their websites.

    Need a guy do a trade with James Dean or any of a host of other male talent with a website. In five years every large company will be gone. The industry still has never figured out that the girls don’t need the companies. Look at Glamour models and husband wife websites such as NaughtyAllie. com. It comes back to what your missing. Everyone of these girls will feel safer with a condom. then you have the fact they own their content 100% they will not need affiliate programs all they need is simple SEO and SEM and some social media. Piracy becomes a dead issue. Have to join the site to steal it and the smart girls will use DDRM.

    I had this conversation less then two months ago with over 30 of the top female performers. Once it was broken down for them and they could see on a flow chart how the money moved and how and where they are losing it. Light bulbs started to go off. The Glamour girls have already been doing this get them involved they don’t need an agent, they don’t need a producer, they don’t need anything but a camera guy. Sure they have to spend a bit for website costs and server costs but that is nothing compared to profits. Do you even realize how much some of these husband wife websites earn? its down from years past but its massive. Same with the Glamour girls. We are talking the smart girls will do this they already are. They no longer will need to camp out in LA either.

  20. @ jilted We can do what we want, like it or not, I could get girls feature dancing on the east coast to go into Canada and shoot content. Nobody is selling dvd’s, there is no physical product “coming” into California. It’s not illegal to watch condomless material online. As a business owner I can and will do what makes sense and stay within the law. California didn’t do anything to change anything besides shot the shooting of porn without condoms inside state lines. As far as I know the Internet as a whole will still be safe to distribute our condomless smut as long as I can obibe by what’s now been put in front of me by california.

  21. @Insider,
    Yes, the top echelon girls migt travel for work,,,but they are the exception to the rule. The average female performer is getting no closer to Europe than the beach on the east coast. And then there is that pesky issue for agents, sending performers across state and international lines withthe intent of circumventing laws in the state where they are licensed. And regarding those websites,,,how many paying United States customers are there for these Euro sites. Back in the day, Insider, when I spent about 30 hours a week at AIM, and got to know just about every performer out there, I had a talk with a very famous performer about her personal website. She said that over 90% of her ‘paying’ customers only signed up for the three day trials, and she had about between 75 and 100 full subscription sign ups in any month,,,and this was a TOP tier girl. Her ‘takehome’ pay at the end of every month from her personal website was about 2 grand. Granted, this was several years ago and there is much better technology and means for performers to control their own content, problem is, most porn performers dont know how to run a business, if they did they would be doing it right now.

  22. Do a fuck a fan like immortal is doing for their personal websites. shit do every scene that way must be a paying member. Some of these girls could have 30,000 guys. at 29.95 a month. do 4 to 12 guys a month.

  23. Figure a top girl now is making 10k a month if they are working at it. Husband wife site could be anywhere from 5-70k a month. I know a few H/W teams that mid 2000’s where cleaning 100-200k a month. In probably 2-3 years that might be attainable again in adult implodes and free content starts to dry up. What makes 100% of the difference is looks and personality. that combination is hard to get these days the quality is very bad compared to late 90-early 2000’s

  24. When you send those girls to Canada do you get them work visas, or do you just violate Canadian law too….Dont knowif you remember the HIV outbreak of 2004. Both Lara Roxx and Jessica Dee were working illegally in the United States, and when the shit hit the fan ‘someone’ notified INS and tried to get them both deported.

    But I do get where you are coming from Insider. The adult industy has baicly ignored any laws for decades now, with no consequences, and I can see why the industry isnt happy that those days are over. Heck, if I was getting away with violating so many laws, and by doing so was adding to my own bottom line, I too would be upset when someone came in and turned of the profit faucet.

    Have you ever tried to get a work vise into Canada, or get a Canadian citizen a work visa in the US? Just saying youre going to go to another physical location in order to circumvent the law doesnt change the law, and it is a piss poor argument to use against proposed legislation. If thats all you got, then passage of this initiative is nearly certain. And that moving underground argument,,,”If you passthese laws then we are just going to find ways to get around them and make things even more dangerous for performers’ hardly a winning argument/

  25. @John
    At one time, as part of Mitch’s education, she had a questionaire at AIM for performers, with questions ranging from personal relationships, to money, and health and safety. Again, a VERY TOP echelon girl, and this was at the height of the gonzo days, around 04 or 05, and this girl stated her ANNUAL income was $250,000.00, including her rigorous strip club schedule,,and she was like in the top 5 of female performers. VERY VERY VERY few performers have ever made 100-200k per month,,,very few. And today very very very few performers are making ten grand a month from porn alone,,,,add escorting, stripping,,maybe, but not from porn alone.

  26. @Johne72 I’m not missing the point, you asked about Nikki and I mentioned how to get a girl like her there. Girl could do well off of their own sites, but that wasn’t the conversation. I gave an option to shoot without condoms. I’ve also mentioned in every post ” if you had to have condomless content” As far as performers suddenly taking over, that’s a bigger lol The next best thing is what makes the money and there have been very few capable like Jill Kelly or Jenna ( really Jay) for a reason. It’s happy thoughts, hopefully you all get your happy ending, but this has and always will be a hard business. Content trade and girls having sites have been around for some time now, why aren’t they all working for themselves already? Same old shit different day, how do we save all of these poor girls?

  27. @Jilted I don’t have to go anywhere, in fact if we are talking Canada, I could hire a shooter and talent there. Hmmm Nikki Benz is Canadian. Maybe is she wants to corner the market on non condom porn she will get to work and start recruiting Canadian strippers ( since they are basically the same as American girls) and shoot her content there. All legal. But again, if you want to shoot without condoms. The point is that it’s not hard. Most sites are owned by puba, gamma and the like. Derek has rights to many big names, Vicky vette and Nina mercedes run a few and none of them really make a lot of money off of that shit. Unless you can update several scenes a week, sell traffic, vod, broadcast your not going to make money unless you are very lucky.

  28. @Insider
    Jill Kelly, that girl was so stupid she did not even know that SHE did not own Jill Kelly Productions, and she did not even know what the non-compete clause in her contract meant. Can you say box or rocks? Jay was smartenough, nobody ever marketed a girl the way he did Jenna.

    Why arent they WORKING for themselves, it takes brains, alot of hours, commitent to a job, amongother things. Lacking these qualities is almost a prerequisite for getting into porn, keep them young, dumb, and full of cum. Alot of girls enter the industry at a young age, then they grow up, get a little smarter, and move on. Top echelon girls last a little longer,,,but you rarely, if ever, see an average performing girl last more that one or two years, if that, especially these days. (sorry, having trouble with myspace key)

  29. Who cares who the producer credit goes to. I still own the content and that actually protects me because there is no law prohibiting me from buying content to display.

  30. There is a very large loophole

    Section 3 (c) To authorize and require the California Division of Occupational Safety and Health (Cal/OSHA) and the California Occupational Safety and Health Standards Board to take appropriate measures to enforce the Act.

    This opens the door to duplication of efforts, point of accountability government stuff and fiscal turf wars that would make your eyes spin.

  31. Jill Kelly did something you never will, tube a very profitable production company. I didn’t use her example as a testament to her business savvy or that of the intentions of her investor. The point is, SEVERAL performers have tried to start production companies, they’ve all failed to a certain degree with the exception of Jill and Jenna. Of course that depends of your idea of success. Performers aren’t taking over and as long as there is a market for porn without condoms there will be a legal way for me to provide it if I choose to do so. That’s the harsh reality.

  32. @Insider,
    Another interesting conversation I had with a female performer back in the day. She was saying that she wanted to open her own business so she wouldnt have to work so much. I told her the owner usually puts in more hours than anybody. She looked me straight in the eye and said, “I want to own the company so I dont have to work.” That is the mentality we are dealing with here. Lots of things in this industry SHOULD be happening, but they arent. To use these things that should, but do not exist, as the basis for argument is a loosing argument. CHOICE being the number one thing. Should ther be choice, yes, but their isnt so its not a valid argument.

    For the record, I support the right to make non condom porn. Just like the MMA fighters, once you pass the medical exams you should be allowed to go forward,,,,,but, the financial responsibility for health and safety should fall on the employER, not the employEE.

  33. Of course there will always be places to produce porn, non condom. THe industry here in Calfifornia has gotten away with violating the law for decades, andthey will continue todo so. I drive 80mph on the 118 freeway every day, I violate the law everyday. But just because I do it everyday doenst mean that I get a pass when, on that unlucky day the CHP pulls me over. Just like in California, OSHA is like the CHP. No way to possibly catch everyone,,,but EVERY SINGLE TIME OSHA has citeda company, the citations have been upheld. The OSHA blood borne pathogens standards are ineffect, right now, NATIONWIDE. Like it or not, it is a violation in every state, thats the harsh reality. Yes, you can make non condom porn, it doesnt mean youre not violating the law when you do it.Just because I dont get pulled over every day doesnt meant I am not violating the speed limit law.(not a perfet analogy, but close enough) Go ahead and make your non condom porn, just dont try to tell me that you arent violating any laws when youre doing it. Didnt Jill Kelly get basiclay kicked outof ‘her own’ company with very very very little severance of any kind. And Jay always ran Jennas companies,,,Jenna couldnt run a lemonaide stand.

  34. @ jilted What are you talking about with choice? Any performer can try and open a porn production company or any other business they choose to go into. I don’t give a shit, My preference is that they do fuck up, that they don’t want to work. That they don’t want to spend a couple years building a business and don’t create more competition because it doesn’t make me any money. That’s business my man and it’s nothing personal. Other content companies that want to shoot condom only, God bless. To the guys that don’t want to shoot with condoms, God bless. The only point here is if I want to create and provide content without condoms I can and will do it legally. Period, end of story. All the other, I hope the performers all band together and sue or that they will suddenly become the content producers is a pipe dream and plain silly.

  35. Just because you get away with violating the law doesnt mean that what you are doing is legal. LOL

  36. Exactly how can you produce non condom porn legally, anywhere in the united states, when FEDERAL OSHA laws apply in every state? Like I said, just because you get away with it doesnt mean its legal. Having talked directly to hundreds, if not thousands of performers over the years, in the private, personal, medicalsetting, I can say that this whole idea that performers do not wantcondoms is utter bullshit, and I base this on what hundreds of performers have told me personally, first hand. Performers dont speak outin favor of condoms because if they do they will never work again,YOU know this is true, I know this is true, and the performers know this is true. Ive had this same conversation hundreds of times with performers. I’ve seen the test results, I’ve been in the room when girls were told they are HIV positive. I am the person who would complie stats for AIM every month, I have had so many, in depth converstations with performers about this,,,I cannot be bullshitted on this subject. I wrote the book. I wrote AIM’s procedure and protocols manual, I filled out the morbidity reports for county health, I went to TJ several times with performers to buy hundreds of zpacs to hand out to performers a few days BEFORE theycame in to test. Ihad LEGAL acces to std reports from about a dozen other clinics that performers used to ‘go around’ they system. Oh, but wait, I’m not in the industry and dont know anybody. LMAO

    So, how do you do it legally, when the law says youre doing it illegally? Getting away with it doesnt make it legal.

  37. @Insider,
    Just for the heck of it, do you know where my $650,000.00 went? You see to know so much. LOL

  38. @jilted I don’t know you but I’m guessing another failed producer. It’s not an easy business. I’ve told you several ways I can get my non condom porn legally. OVERSEAS, and if I want American talent I can get them there to shoot for producers I know there all over Europe, mexico, south America. If I get 2 scenes from each girl and the other producers shoot them as well it adds a nominal cost for American talent to shoot for me overseas. Plus I can cut a new broadcast deal and charge more is non condom scenes become difficult. I not only own a company, I also distribute for several sites that need to sell their content to broadcast. So until they make it illegal internationally I can get what I want. I’ve always been organized offshore, I don’t import and physical product into the U.S, it’s all online so until they try to make it illegal for the U.S consumer to view it I’m guessing I’m pretty safe. Most people that matter in the porn business have never walked into aim. You’ve never met Larry Flynt or his president Michael Klein there have you? Steve O? Bob Christian? No.

  39. I’ve never said once performers don’t want to use condoms, I’ve also said over and over this is just if you want non condom porn it’s a legal way to still obtain it as a production company. Guess my point it the law is inconvenient, that’s about it. I don’t care about performers banding together to sue everyone nor do I care how many want to come out and lay their money on the line trying to make millions, because like any business very few people have what it takes to truly be successful.

  40. Of course you have guessed wrong. I am the guywho personally handled the AIM account for years, seeing every single test they ever ran, and wrote most of their procedures and protocols. NOBODY on this planet has more information, first hand, directly fromthe source,(well actually I am the source) regarding the rates of disease in this industry. If you, or anyone thinks anybodyknows more about this subject, or has access to more inforation than me, please let e know, I would love to speak with them.

    And while you may be able to take talent oversees, the vast majority of producers cant afford to take the talent to lunch. Everythingyou describe here is fine and dandy as it relates to you, but you are the exception to the rule, and policy is never made based on the exception.

    Good guess about the failed producer though. Trying to insinuate that I couldnt make it in the industry. I made more money off my commision from those tests every month than most performers made in six months, and I never had to shove anything up my ass either. As a matter of fact I have had several meetings with Mr Flynt over the years, trying to get moneyfor AIM. Onetime after a very heated meeting his brother litterally chased me down WIlshire bl, because Icalled Larry a peice of shit, to his face, in his office. I was literally running down Wilshire BL., and turning around every few strides to flip him off, and tell him to kiss my ass. It was oneof the funniest, and most frightening days of my life. As for the rest of your list, yes, yes and no. got anymore Insider?

    And since you know so much, I am sure you are aware that ALL of AIMS records, test results, patient files, patient credit card information, and all the producer signed indemnity agreemets were, as the court ruled, willfully and intentionally destroyed. DO you know what happened to all those records, along with my $650,000,00. Again, you seem to know so much. (and for the record, i rarely ask a question that I dont already know the answer to, maybe you can take that as a bit of advice when making completely unfounded and untrue speculation about a person you admit you dont know.) Your old arguments failed years ago, and are irrelevent today, but it is amusing to see that some inthe choir havent given up. Insider, will you be participating in the upcoming Twitter and busride campaign? LOL

    ps,,nt een Mitch Dr Hamblin, Miao, TTs ever had access to the information that I did, or count health for that matter. I often offred this information t Mitch, she wouldnt touch it with a ten foot pole.

  41. @jilted YOU asked me about your money, I never had any speculation about it and I don’t give a shit what happened to it. You asked for a guess and got my answer. Aim is old news, none of it means shit to anyone in the industry. Any half wit knows std’s are part of this business. This post isn’t about my business or what you used to do. The point is that anyone with the right connections can survive with this bill passing. Even nationally. I want to make it clear once again, I’m not advocating anyone shoot or watch porn with or without condoms. But does this bill REALLY hurt any able business person. No it doesn’t. Any to those that don’t have the capability to survive, good get the fuck out. This is business the less competition the better. It sounds harsh but fuck them I hope they lose their asses if they don’t want to work themselves to the bone to make it. This aim bullshit is old news that doesn’t matter to anyone. And even harsher, maybe you can write a fucking e book with all you statistics but who the fuck cares.

  42. And maybe you’ve had meeting in the past looking for donations. Very possible and likely. But that bullshit with Aim 10 years ago don’t mean anything anymore. I’m sorry but your std stats don’t mean anything to anyone shooting content, not even a thought goes into it. I’m sorry.

  43. Maybe I could write a book, I did better than that. Over theyears I conducted interviews with over 400 performers, I call the the Coffee Bean Interviews, because thats where most of them took place. Ihave all the signed releases, and inorder to get them to talk freely and honestly I agreed to not release any ofthem for ten years,,,,that limitation has now expired on about 120 of them. Most were donein 2005.
    regarding y money,,,of course you have no clue what happened,,,I just do that to give a little nudge to the others who do know what happened, and its a little reminder that the legal statute of limitations on the laws that were broked to absocnd with that money are still in effect.

    And do whole heartedly agreewith alot of what you say about surviving in an unfriendly business environment. Lots of industries, espectially inCalifornia are faced with ridiculous regulations, why should porn be any different? When the going gets tough, the tough get going. But in porn, for the majority ofproducers, when the going gets tough, the producers cry and whine like sixth graders.

    And if you think AIM is old news, well it might be for you, but there are plenty for whom it is anything but old news, but I wouldnt expect you to know that.

    Like I have always said, I support the right to make noncondom porn,,,,I just think it is the employers responsibility, like every otherindustry, to pay the bills, like you said, any half wit knows std’s are part of the BUSINESS, no one knows this betterthan I.When you hire an employee to take a risk that you acknowledge exists, it shouldbe the emloyer who pays for the consequences, not the employee,,and, if as an employer you require testing, then you should pay for it,,,,,like EVERY SINGLE other industry that has medical requirements. Again I ask, why should porn be exempt from the rules everyone else has to follwow?

  44. Really, meetings looking for donations. You have quite the imagination their Insider, quite the imagination indeed. And of course I know that producerscould care less about stds, whats yourpoint, we all know that. But they suredid mean alot tothe people who are now going to force the FSC to spend a whole bunch of money to fight this.
    Very possible and likely that your imagination has gotten the best of you. Inane speculation, with no basis in reality,,,is that reallythe best you can do,,,I expected so much more. DONATIONS, no, but I did sell about 30 of my interviews for a nice little bit of change to a guy doing a documentary And if youreally think AIM is old news, wait until all the hacked AIM email accounts get printed online, will make pornwikileaks look like childs play. LOL

    On what do you base your baseless idea that it is possible and likely that I havehadmeetings looking for donations. Imean really, where do you guys come up with this stupidity? Is this how you debate the issues,,,oh wait, I forgot, this is porn, and this is how porn people debate the issues. ONLY IN PORN By the way,,,CET now uses Foundation Lab,,,do you know who works for Foundation Lab these days? Didnt think so,,,,,,LOL

  45. I haven’t been arguing the morality of the issue. Maybe someday a porn crusader will prevail and all of the talent will leave with 401k’s, great health plans and be well adjusted to go off into a new career once they’ve had enough of porn. I’m not here to solve all of those problems, I run a specific business and can and will do what it takes to continue with what I want. Cost go up a little, fuck it, it’s part of doing business. I’m not some trailblazer, I’m not some guy that has all the answers before everyone else. But you pose a problem to me and I can fix it that quickly and continue my business without skipping a beat. Aim may be a topic for those that were a part of it or those that lost in it, but it doesn’t have any consequence to current business. And to producers aim was only a place where talent went to test, the business went out of business and the reasons why don’t matter to me. Life goes on.


    Insider, did you ever see this article form 2013. It was written one month BEFORE the press conference on the steps of AHF announcing the first of Isador Halls bills. And whle every VOTE taken on both bills were victorious, they were bothe shelved in the suspense file, not DEFEATED as the industyr likes to say.
    But back to that aricle, and the prediction of the statewide measre, Mike didnt write it. I did. But hey, nobody ever cared about anything I’ve ever said.

    I think the industry should put forth the idea that once a person has passed all thelegally mandated tests, then they should be good to go, without condoms. Just like the industry often makes the comparison to MMA and boxing,,,those guys are allowed to bleed all over eachother with gaping wounds, after they pass the physical. I think it should be the same for porn actors, pass the physical, then do your thing.

    For producers, AIM was also the place that took performer money, then spent it on PRODUCTION companies to write their IIPP plans. Yes AIM was a charity, a charity that benefited producers, not talent, Talent paid for everything, they got no charitable benefits from AIM the way producers did. But at Least AIM also stiffed Karen Tynan for eight grand too.

  47. I don’t need full movies shot, I only need scenes now, so what applied back in the 90’s or early 2000’s doesn’t apply anymore. Distribution is online and maybe someday I’ll license those scenes for comp dvd’s. Fuck just to make a point I could anchor a boat 2 miles off coast and be in international waters and shoot all the non condom porn I want. I’m just throwing things out there, but as you can see where there is a will there is a way.

  48. Mr weinstien got what he fought for in cali, and maybe he will take the fight nationwide. But in the end he won’t stop anything. Calling Nacho to shoot content is already a reality along with several others out there. Girls are NEVER a problem, NEVER. So when they get something like forbidding consumers to view non condom content, then we might have a problem. But fuck, you want to talk about a first amendment fight. That would be a good one.

  49. I don’t care who does the testing. And how exactly do leaked emails hurt the business of any production company? Passing some laws? Some bullshit we don’t have to fight if we don’t want to? Leaked emails and porn wiki leaks or the fsc don’t matter to anyone’s business. This post is about a bill that may hurt someone that shoots without condoms in california, eventually there may be more issue with it nationally. Some smaller operations may go out of business, some other will pop up and thrive. That’s about it. They cannot stop me from providing non condom content. The rest is all side fodder. @jilted if you want to join a network that has non condom porn that’s all legal with American girls ill be happy to take your $20 and I don’t give a fuck what california or ahf has to say about it.

  50. Jill owned nothing in reality. Jenna owned a business that got ran into the ground before it was sold to playboy. Jay ran the place Jenna went and did drugs in the bathroom. owning a company like that actually isn’t that good of a business model for a female in this business. As the saying goes keep it simple stupid. Most of these girls don’t have the brains or the time to be large. Vicky Vette is one of the few that really has done anything. I would bet dollars to donuts her husband busts his ass too. I know nothing really about Vicky we have meet in passing years ago.

  51. Sad to say AIM did not know shit. Most of these girls actually probably don’t even know the true number. Remember stripping is a cash business so is hooking. Easy come and easy go. I have seen checks for several girls from billing companies for websites in the 100+ range once even a check for 500K for a month. These where W/H sites not porn stars. Porn girls don’t hold a candle in net revenue to non porn girls.

  52. Reality is boys and girls times are changing. AIM is very old news and gives me shivers. FSC is a bunch of blowhard idiots. @insider is right really content is king getting it is not an issue. Selling it is a marginal issue. This law is just another stepping stone in how you run your business.

    What i have been talking about is a serious weeding out of the producers like 90% of them. Probably 75% of companies if not more. Same with talent which over the years has gotten down right piss porn in quality. Porn can’t keep in business and continue to use the business practices or lack their of they have been. Really those that assume the least amount of risk and cost expenditures while keeping the profits and uniqueness of the product rolling will probably come out decent. Piracy from with in is one of the biggest issues facing the industry its really not that hard to fix but. in doing so its going to hurt your bottom line for a bit. How many can afford that is a good question. Figure your looking at 6-12 month for that time table to build your members back. Calling Nacho or Rocco or Patrixxx for content isn’t going to solve your issues. its a bandaid at best. In some ways going old school is the best way. Find a model and shoot the living hell out of her as many scenes as possible for a website. that is 100 percent fresh unique content never seen before. if she is dumb you can get it for very little. Knowing full well she will never fulfill her end of the contract. If she does that is wonderful but most flake at some point.

  53. So many producers overseas that would be willing to shoot the same talent for their own exclusive content, teach and American girl a few lines in Italian, spanish, french or Japanese and the producer has his original content as well. The trick is getting a few girls going at a time like the old days. Look up Alberto kibrit in mexico, he owns the sexo expo, like the Mexican avn’s. I helped him track down many girls over the years. I think the last was Gianna Michaels. Playboy mexico and penthouse mexico hire playmates and the time to go down and open clubs and shoot content. I know producers down there, attorneys and I’m sure I’ve dealt with cartel people. Shit at one point we tried to get a government contract down there to produce a aids awareness/sex ed video. I almost forgot about that. Anyway if your able to get the content none of this matters. I Agress with @johne72 that there might be some changes and a lot of people weeded out, especially if this goes national. But the strong will survive and the talent pool will be a lot more strokable.

  54. @John,
    The kind of people who do this hacking, do you think they are going to keep it to themselves. Why do you think they never printed ALL of my emails with AHF, perhaps because the information in them would be nothing short of a nuclear bomb landing in Chatsworth. And do you think it is going to be old news when AIM emails get released, eails between AIM and, well one example, Hustler video(of which I was cc’d). Do you think Larry Flynt is going to think its old news? Do you have any idea whats in those emails? Like I said, this is going to make pornwikileks look like childsplay. Insider,,,you have been making some pretty wild speculation here,,,what do you think might be in those emails.

    And I too hold no personal animosity, I actually agree with alot of what you say, and disagree with the rest. I too think the end result will be a leaner, cleaner industry. The FSC represents the last floundering renmants of the old industry. Cant blame them for try to keep the old industry on life support for as long as possible, but at some point you just have to pull the plug and move on.The resources necessary to keep the dead horse breathing just arent there, as was evidenced by the grand total of 1/2 million raised to fight measure b. RIP,,,,Rot In Peace.

  55. Believe it or not and with everything mentioned here I do believe in a higher standard of safety. My personal opinion is that crossovers are dangerous and should not be booked on straight shoots. I think a smaller testing Window is more appropriate and I do think that condoms should be optional, but if I’m shooting a scene that requires no condoms I have every right to book another model. I think performers have access to affordable health-care and should take advantage of that. The performers could certainly use a SAG type union. If your a serious adult performer and meet certain requirements you should have a union just like SAG to give you some protection. But if your in our business and you go out and do privates, fuck you, too bad. You could contaminate the talent pool. You have a drug problem and fuck some guy from the club without a retest clearing you to perform, fuck you. You like to go up to sugar hill or any other swinger club and get bareback gangbanged, fuck you. If there is all this judgement of company owners to be more responsible and have strict protocols for shooting we need to have some real professionalism by our talent as well. The problems are longer than napiers cock.

  56. @jilted unless you have Larry saying they were passing out Hiv at the door and I Larry Flynt knew all about it you couldn’t have anything that Larry won’t tell everyone to kiss his ass. I wouldn’t be surprised if Larry emails Weinstein every now and then and tells him to go fuck himself. But on second thought I doubt he cares enough to even bother.

  57. And I’m just telling the truth about how to get things done. Name one production company that was ever affected by pornwikileaks? Do you think Scott Taylor and new sensations lost a wink over that shit? I mean even a smaller producer like porno dan, do you think his business suffered? Even a more obscure shooter like bill fox or shelby black or even when christianxxx was shooting for naughty, did information from pornwikileaks cost them a dine or any loss of sleep? Fuck no. Emails from a bankrupt entity from 10 years ago, I’m sorry @jilted, your not going to slow anyone down.

  58. But isn’t the same true of marijuana? They just don’t enforce the federal law b/c it’s dumb and when they do it’s an uproar. Just saying there’s a federal law about it doesn’t really end the debate.

  59. There are more than a handful of ma-pa (both in web site size and star relationship) web sites out there. If it’s in there it’s a nice and justified clause. But it does make me wonder about the runaway production to Vegas and how easily can you get married there. 😉

  60. This is a good point, why HASN’T Mexico come up as a viable place to outsource to with its proximity to Southern California. Realistically, it’s the one place that laws aren’t guaranteed to reach?

  61. good analogy Eric. But its not that there is no enforcement by the feds, their is selective enforcement. Here is Los Angeles a few years ago there was one area of LA that withing a 3 mile radius had about 25 to 39 pot shops. Over about a week the feds shut down about 15 of them, another ten closed their doors, now in the same area there are 3 still in operation.
    And its not that OSHA never enforces the law, it is just very rare. Once porn gets classfied as a ‘high risk’ industry OSHA will no longer need a complaint filed by anybody, they can just come knocking, unannounced.
    And you are correct, it does not end the debate. But just because the law does not get enforced too often doesnt mean its not the law,thats the point I was trying to make to Insider when he said he could just get his contenet elsewhere, which he can. But just dont tell me it wasnt made in violation of the law, in California, or nationally.

    I made an illegal UTurn yesterday, and didnt get pulled over. THeres the old saying “No cop, no crime” Thats kind of whats happening here. But your analogy is pretty good, state vs fed, that battle has been going on since they wrote the constitution.

  62. @Insider,
    You have no clue whats in those emails, and how detrimental to the very core f the industry they are. They implicate alot of people in some pretty serious stuff, myself included I might add. And Larry can tell anyone he wants to kiss his ass, its his employees to whom the emails were sent that would be facing the time, along with me and a few others. I’ve been sitting on these pins and needles for few years now, hoping the statute of limitations runs out before those with the emails decideds to do something with them, but thats out of my hands.

    You seem to indicate that you know what Larry is probably thinking, or not thinking about this. I guarantee, based of face to face meetings with others who were hacked, including a representative of Hustler, Larry is not taking this lightly. Time will tell, Rome was neither built or destroyed in a day.

  63. To be honest I’ve never ask counsel what was safe to shoot where nationally. What’s on the books clearly states L.A county. Anyway no need to beat a dead horse, for the sake of argument ill just buy content overseas.

  64. Although unfortunately most of the law would pass constitutional muster nowadays the ban on condomless porn being filmed elsewhere and then brought into CA will be declared unconstitutional using the interstate commerce clause in the Constitution which only allows the Feds to regulate it. To say otherwise would be like the law of a state saying that any Charlie Hebdo publication featuring caricatures of Mohammed (or out of state foie gras or naked pictures of Jodie Foster taken in Japan) are illegal in that state no matter where they are published, you have the interstate commerce clause in the Constitution saying “not so fast, buster”.

  65. Insider, I am also against a condom mandate but there is one company just about doing what you sarcastically state about passing HIV out at the door. It isn’t Larry Flynt, it is Treasure Island Media (I forget who owns it) where they film scenes between known HIV positive and HIV negative men (it is a gay company). Literally HIV positive dicks (without condoms or even Truvada) are getting hard and being shoved up HIV negative assholes then these HIV dicks are cumming their high-viral load HIV contaminated cum deep inside, that is verifiable. One scene they claim they did was dump 200 loads of supposedly HIV contaminated cum directly into a supposed HIV negative asshole with (IIRC) a turkey baster and a funnel (supposedly, where do you find 200 HIV positive guys to cum in a pitcher to do this — even in SF where he is based)! Mike wrote about it on this blog about six months ago. Let’s just say these are scenes I don’t care to watch (I prefer watching Veruca James get tied up, suspended, whipped and fucked by Mark Davis on a Kink site myself) but the Treasure Island Media idiot is just about literally passing out HIV at the door to his shoots! That is why we need mandatory HIV serosorting on porn sets. That may not be a perfect solution but it is light years better than attempting to mandate condoms.

  66. Another reason that moving elswhere is a bullshit proposition. These other municipalities arent stupid. Despite what they preach, the industry does not bring anywhere near the amount of tax dollars or jobs as they claim. Dianne Duke and James Lee, during the Mesure B election claimed, “Tens of thousands of jobs” and “Billions” in lost tax revenue,,,,absolute bullshit on an epic scale, which by the way, fooled no one, Will be funny to see how they hadle a statewide intitative when they could even properly fund a local campaign. ONLY IN PORN

  67. Sure, but again, just saying ‘it’s the law’ isn’t very swaying to a broad argument. There are absolutely plenty of laws on books that are ignored by the majority on a daily basis and essentially get a ‘who cares’ from society as a whole. I’m not ever arguing that not condom porn isn’t in some violation. My argument will always be about what is practical and what is “right”. Those are somewhat greyer areas than just saying ‘it’s illegal’, but a far more interesting and needed debate.

  68. Also why this crossover business needs to stop. Male talent needs to pick a side and stay on it. Treasure Island isn’t the only gay company to operate in this manner. Some of them have cleaned up when i worked for a distributor a few years ago we asked for 2257 paperwork and Testing paper work. So we could sell the product. My boss would not sell anything with out making sure paper work was in order. This company is huge and had almost non of it. We ended up passing on the deal at the time several promenade male talent would work for this company because they got something like 2000-2500 a scene. Grant it this was several years ago but i seriously doubt they cleaned up their act much. Most of the talent already had HIV they did not care.

  69. @john72,
    Agree with everything you say,,,,but,,,you asked for the testing paperwork along withthe 2257 documents….do you know how illegal that is, and how illegal it was for anyone in control of that paperwork to forward it to you. If youre still doing it stop now. HIV results can only be forwarded with the express written consent of the patient, and the exact name of the person it is going to, and the exact method used to forward that document,,,email, fax, etc. Just requiring those tests, and not paying for them puts everyone is serious jeopardy of HHIPPA violations, which carry a 25,000.00 dollar fine, and or six months in jail per offense,,,,why do you think AIM destroyed all their records,,,especially the records of who had passwords to the system?
    Destroying the records put an end to the Desi Eli class action lawsuit, the question is, who has copies of those indemnity agreements, all that would be needed to reinstate that lawsuit? Insider care to take a guess on that one? LOL

  70. @jilted: I am going to take a wild guess and say you are the one who has the copies of those indemnity agreements.

  71. A couple of quick thoughts.

    I wouldn’t expect anything to become law any too soon. Remember that the state has been debating a condom law for about 3 years now.

    That said, this is the be careful what you ask for, you just may get it. Porn was largely left alone for years because it flew under the radar and stayed close to Cambria’s list of don’ts. Once every joker with an iPhone could produce porn, producers tried to out outrage one another to see who could push the envelope the furthest. Remember that Rob Black and Paul Little went to jail more or less for thumbing their noses at the authorities and daring the feds to prosecute them. Every poster on this site who has told me I just don’t understand the First Amendment forgets that the Ninth Circuit decision in the Vivid suit isn’t the first time in the recent past that the feds have said that porn has limits. Black and Paul Little argued their First Amendment right to do what they did all the way to the jail cell. And, to the folks who have said, well, Vivid was the wrong litigant; just wait till a performer says their First Amendment rights are being violated, remember that Paul Little was a producer, director, writer and performer in the Max Hardcore series.

    While I don’t expect to see a new law in the near term, whatever happens, porn has brought this on itself by being so absolutist. What’s more, as I think has been pointed out in the string here, OSHA already has blood-borne pathogen standards that would apply to porn. A new law is great, but if OSHA decides to put more resources into enforcement, porn has a problem with existing regulation.

    As I keep saying: Enforcement is what porn needs to worry about.

    Last, this notion that porn chicks who can’t get to a shoot in the valley without drivers and handlers are going to suddenly become international travelers to shoot in foreign lands is pretty laughable. If these gals were that together, they wouldn’t show up in LA with empty pockets and live in model houses because they don’t have the deposit for an apartment or credit to rent a motel room (and then gripe about paying rent). Shooting on a boat in International waters sounds great – so what director has the money for a boat with sufficient interiors to shoot porn and the cost of the crew to get it out into international waters?

    End of the day, porn keeps saying its a legitimate business that generates billions in revenue, employs hundreds if not thousands, and is a significant contributor to the tax base. Legitimate businesses figure out how to play within the rules.

  72. @BT

    if this were to pass as written it would require OSHA to expedite their Administrative Rule Making process and have everything in place Jan. 1, 2018 which might include some further delayed dates of implementation to accommodate their administrative limitations. It would be naive to think this is going to roll into action like water off a ducks back.

    “That said, this is the be careful what you ask for, you just may get it.”

    Was taking the words right out of my mouth….Mining and Construction are exempt from many OSHA regs …..because they have their own sections with all sorts of gotchas.

    The Act directing OSHA to create specific Adult Film policy would exempt them from the policy they have been fighting for five years and make it a neat trick to present a combined industry challenge when a judge says…gee you’re exempt so you have no standing….and say the same to the industries slapped upside the head cuz they didn’t see the OPIM policy coming to get them.

  73. I think porn has several things to worry about, and a lot of it will come down to what kind of resources, if any, are governmental agencies – be it county, state or federal – willing to proactively throw at the problem to enforce the law or OSHA regs. Or, will they only respond to complaints and if so, how much time and effort is an organization like AHF going to devote to the effort.

    Porn is clearly in violation of LA County law, but so far, the county hasn’t seemed interested in being condom cops.

    OSHA appears to have cracked down, but if they wanted to, they could obviously hit a lot harder. If AHF continues to file complaints, they may.

    The obvious next worry is whether other states, like Nevada and Arizona, ask whether they want to regulate porn given that it is eyeballing them. If I were a governor or legislator, I don’t know why I would want to welcome porn. On the one hand, the industry says: We’re small business job creators. Yet, the industry also says: Screw you and your stinkin’ regulations. If we can’t do what we want, we’re going to go underground and ignore you.

    One of the things I keep arguing is that porn can’t have it both ways: It cannot say to the mainstream press and government, we represent legitimate businesses that should be taken seriously as part of the entertainment industry; and at the same time say: But if we disagree with your regulations, fuck you, we don’t care. Then, they’re cowboys and outlaws.

  74. Glad you are having a change of heart, Jilted. It is great that you are no longer supporting a condom requirement in porn. I support the right to make non-condom porn as well. I will take it a step further and say I support a condom-optional law requiring that performers not be discriminated against because they wish to use a condom (or lube, spermicide, PREP, diaphragm, birth control or any other medically and financially reasonable item). I think the latest, fastest detecting and medically reasonable VD tests should be used. I think an anal and oral swab for VD testing should be required along with the blood test. All VD tests for those fucking on set should be shown to performers before a scene. I think employers should pay for this VD testing (and birth control for the chickies — the same fee-based testing access and proof of payment requirement I said in other posts that I supported could have an additional fee added to it to cover birth control — minus sterilization as it would be so costly as to be prohibitive — this could likely all be done for less than $30 per person per scene). I also think Workman’s Comp insurance covering performers for VD infection on set (as well as all other injuries that could arise from performing) should be required. In CA you would need to talk to State Fund to create such a policy if they already haven’t, they may have since Kink has such a policy from an insurance company and for most employers it is illegal to have CA workers and not insure through State Fund (it is possible if State Fund does not have such a policy that Kink could be allowed to use another insurer because of that — there is that loophole in the law). What I don’t support is the attempt to essentially ban porn production through onerous condom, licensing and other unreasonable requirements.

    One more thing, Jilted. Next time you talk to Michael Weinstein or Izzy Hall, tell them to go get fucked up the ass by an HIV and Hepatitis C infected tranny sans condom! Weinstein already has HIV but I would love to see Izzy get it as well, I would also hope both get Hep C and die from liver failure as a result.

  75. Actually maritime law states that international law starts 13 miles from shore. Before you buy that boat that has already been tried once, Nina Hartley and Alexandra Silk almost died when the boat sank. The Coast Guard was nice enough to venture out into international waters to save them, the producers, film crew, equipment and film even though the boat was not technically in the US. I hope Nina and Alexandra gave their rescuers full-on kinky sex in appreciation but somehow I don’t think they did.

    Mike, you also might want to take note of this — you probably fish in international waters quite often. I don’t know how the Gulf of Mexico comes into this, though as it is surrounded on three sides by US territory. The Gulf itself may be considered US waters in its entireity. Either way you might wish to provide the Florida and Georgia Coast Guard regiments free blow jobs and titty fondling once in a while (hopefully a few of your girls might be willing to do this for you, especially if you film it, pay them for the scene and post it on one of your websites). Hopefully they remember the blow jobs and titty fondling if you ever need their assistance — especially in international waters where they legally don’t have to respond. 🙂

  76. Assuming this was after 2003 (August 17 IIRC) when HIPPA took effect, I think he meant that his employer required a statement under penalty of perjury and notarized by a notary public from the producer/distributor that tests were reviewed before filming and that either all were HIV negative or that performers were sero-sorted where HIV positive performers only worked with others that also have HIV. That statement being required is legal although not required by law. Even Forrest Gump and Max Hardcore aren’t stupid enough to require the actual results to be forwarded to them unless they are the producers and required to view them (which this commenter was not). My understanding is that although tests are checked many producers do not keep copies of the test anyway (keeping test results are not legally required although copies of at least two forms of ID including one with picture such as a passport, driver license/state ID, Social Security card, credit card, library card, welfare ID, prison ID, etc. are required to be kept due to section 2257 of the Federal Code for all eternity — literally in the year 3000 a producer’s descendants better be able to produce those ID copies), there is just a check box on the pre-production form/model release that the producer and performer sign before filming that states VD test results were checked.

  77. Harris,
    virtually everything in the post above is incorrect, but it aint the first time.
    And you are completely wrong about producers not keeping copies of the tests,,,,,the more you talk Harris, the more you look like a complete tool.

  78. I am thinking that on every production, everyone will be labelled as a co-producer and that will be that.

  79. ..adding of course that 1 minute after the production is complete, the various “co-producers” will be bought out by the main producer for just about exactly the same amount they would have been paid for the scene.

  80. @rawalex,
    The proposition here has a section for defininitions,,,,and it clearly defines and actor, from a producer, etc,,,, misclassifying someone as an independent contractor is illegal, and in your example here, illegal also, It is no up to the producer or anyone else to decide the classification of any employee,,,,thats up to the state to deterine. I can call my telephone a box of rocks, it doesnt make it so.

  81. @rawalex

    Each license has a separate fee from the $100 record keeping fee for each production …not to mention the condom, testing, vaccination, records custodian, etc didn’t go away not to mention that somebody gets short straw having to sign under penalty of perjury.

    Might be kinda like duct taping a leaky copper water line and attaching a ground wire for good measure. Can you picture the plumber and electrician hitching up their trousers as they chuckle at the crying DIY ….yeah that’s OSHA workers celebrating their job security.

  82. Jilted, since you say the sunset clause allowing you to publish most of those interviews takes effect by January 2016 (ten years from December 31, 2005 — if you would have roughly 400 interviews free to use rather than the 120 now it is worth waiting) IMO you should wait the year that is left, work on that book in the meantime and publish it as an Amazon Kindle book when you can legally do so. I know I would pay $10 for it, I am sure several hundred porn insiders would as well. You can get a free copy of either Open Office or Libre Office (word processing/spreadsheet/presentation program) from the respective websites so you can type the book out (these programs are available for both Windows and Linux), you evidently already have a computer, buy a cheap USB stick to back up your book on (less than $10) and put the time into it (probably the most expensive part, I think you would have a good 400 pages of finished copy which would take you several hundred hours to compile and write out and another 200 hours or so in editing time) Also, put the tapes and papers (or copies of) from those interviews in a fire-proof bank safe at a bank offering safety deposit boxes to protect them when you aren’t using them to write the book so the surreptitious bunch that stole AIM’s paperwork can’t steal those as well.

  83. I had this discussion with a couple of producers on ADT. They said that test results weren’t kept due to HIPPA, the chances of them being seen by the wrong person and causing affected talent to sue the pants off of them was too great. Yes, keeping a copy for proof of lack of VD would otherwise be a good idea but HIPPA just makes it too dicey to do so. Keeping a PASS printout saying the talent is cleared for work might be OK as no actual medical information (other than the implied no VD) is on it but IMO I have to agree with them that keeping actual results is dicey at best and ruinous at worst. Certainly a content purchaser does not have reason to keep copies of either the test results or even a PASS printout.

    BTW even if you disagree with me about keeping test results, take a look at section 2257. You will see that I am correct about the requirement to keep copies of two forms of ID, one having picture and age/birthdate on it. Since the law does not give a time frame it is implied that this documentation is required to be kept forever.

    Even though I just made you look like an ass, if you still think I am a tool I want to be a sledgehammer on legs so I can waltz up to Weinstein and smash his head and brains into smitherines.

  84. I’e had this discussion scores of times, in person, and have literally handed out hundreds, if not thousands of copies of performer test results. AIM would get dozens of phone calls EVERY DAY< asking for copies of tests to be faxed to production assistants, and directors on set., @Mharris dont ever pretent to know more about the testing, what happened with the tests, methodology, or anything related to the testinf of performers than I do. Simple fact is you dont. I wrote the book, literally, I wrote the procedures and protocols. I very often warned of the dangers, but, this is porn, and nobody gives a shit, until they get busted. And yes, you are a tool.

  85. I was talking about recently, certainly after HIPPA took effect. I referenced HIPPA mainly to explain why keeping actual test results is dicey (without HIPPA it would actually be a good idea). If AIM was faxing test results to producers without explicit performer permission that was then (my understanding was that their verification portal did provide test results, I am not familiar with the permissions given to do so but faxing would be dicey even with permission because you can’t verify if the person requesting it is the person he claims to be — even with permission actually keeping those results is still dicey). If their successors are still doing that today they are doing so on thin ice (you would probably agree with me on that one).

    I will say it again. If you can turn me into a tool (evidently you think you already have) I want to be a sledgehammer on legs and be transported to Weinstein’s office so I can make him regret the day he started his campaign to run porn out of California. Better yet, turn my hair (I don’t have much anyway) into two cyanide pills and shove one down Weinstein’s and Izzy’s throats. Also, if I am a tool than you would have to say the same about almost everyone in the industry. I prefer to think I am quite reasonable (I have actually said I agree with you on many things lately) and Weinstein, Izzy and friends are the tools.

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