U.S. increases prosecution of hard-core pornographers

? Lam Nguyen arrives at work most mornings, a Starbucks in hand, switches on his computer and begins trolling for porn.

As a high-tech investigator for the Justice Department, Nguyen’s job is to surf for the worst of the worst. Until recently that mostly meant tracking down child pornography.

But the Justice Department has begun aggressively policing adult pornography as well, a turnaround from the Clinton administration, which brought almost no such cases.

So far, the Bush administration has a perfect record in the 25 adult obscenity cases it’s filed. The cases, brought in mostly conservative communities across the country, ended in two guilty verdicts and 23 guilty pleas. Charges are pending in a dozen other cases.

And the crackdown is expanding. Earlier this year, Atty. Gen. John Ashcroft put noted anti-porn crusader Bruce Taylor on the Justice Department payroll as a senior counsel for the criminal division on obscenity issues. And President Bush’s 2005 budget proposal contains $4 million to hire more prosecutors and FBI agents devoted to targeting adult obscenity.

Free-speech advocates, such as the American Civil Liberties Union, worry that the Justice Department is engaging in censorship.

And a representative of the adult entertainment business accuses Ashcroft of pandering to the Republican conservative base before next fall’s presidential election.

“It’s so transparently political,” said lawyer Jeffrey Douglas, the chairman of the Los Angeles-based Free Speech Coalition, a trade association for the multibillion-dollar adult entertainment industry. “With this administration, if the results of other kinds of wars aren’t working, you go to the culture wars.”

‘Not the moral police’

Knight Ridder NewspapersTo be considered obscene, material must meet a three-pronged test that the U.S. Supreme Court established in the 1973 case United States v. Miller:¢ That the average person, applying contemporary, adult community standards would find that the work taken as a whole appeals to the prurient interest (for example an erotic, lascivious, abnormal, unhealthy, degrading, shameful or morbid interest in nudity, sex or excretion).¢ That the work depicts or describes sexual conduct in a patently offensive way.¢ That a reasonable person would find that the work lacks serious literary, artistic, political or scientific value.Practically, prosecutors say they almost always bring obscenity charges only if the material clearly shows actual sexual activity.

Andrew Oosterbaan, the chief of the Justice Department’s child exploitation and obscenity section, said he simply was enforcing the law.

“We are not the moral police,” Oosterbaan said. “The (obscenity) law has been on the books forever. It’s been weighed and determined and considered by the Supreme Court long, long, long ago. None of it has changed. The Internet has changed the way the law is broken, but it hasn’t changed the law.”

Under former Atty. Gen. Janet Reno, the Justice Department had no appetite for going after the adult porn industry, concentrating the department’s obscenity resources almost exclusively on child pornography.

Anti-porn activists say that neglect, combined with the explosion of the Internet, allowed the X-rated industry to flourish.

“The only thing that this industry listens to is the crack of the whip, and for eight years there was a window of anything goes,” said Donna Rice Hughes, the president of Enough Is Enough, a Virginia-based group dedicated to online children’s safety issues.

The Supreme Court has held that obscenity isn’t protected by the First Amendment. But exactly what is obscene is somewhat subjective. The high court said in 1973 that in order for material to be obscene an average person applying community standards must find it patently offensive and without artistic or scientific merit.

A click away

Reliable estimates about the size of the pornography industry are hard to come by, but anti-porn advocates say all you have to do is log on to the Internet to get a sense of how readily available pornographic material is. One recent study by the National Research Council, a branch of the private, nonprofit National Academies, estimated that there were 100,000 pornography Web sites.

“Parents are scared to death of the Internet,” said Oosterbaan, who led the violent crimes unit of the U.S. Attorney’s Office in Miami before coming to Washington.

So far, the Justice Department appears to be targeting mostly very graphic pornography depicting violence, simulated rapes and bestiality.

The highest-profile case that federal prosecutors have brought is against Extreme Associates, a Los Angeles-based adult video company that bills itself as the “Hardest Hard Core on the Web.”

The indictment charges owners Robert Zicari and Janet Romano with multiple counts of using the mail and the Internet to distribute obscene materials. If convicted, they face up to 50 years in prison and $2.5 million in fines.

Prosecutors targeted the husband-and-wife team after they appeared in a 2002 documentary about the pornography industry. Among the videotapes that jurors in the case will evaluate is “Forced Entry,” which prosecutors say shows simulations of women being spat on, raped and murdered.

Victimless crime?

In a sign of his expected influence as “porn czar,” Taylor’s return to the Justice Department was announced in Adult Video News. Douglas said his industry was “holding its breath.”

Douglas charged that the Bush administration was out of touch with America, where the appetite for pornography is on the rise.

“Never before have we had an attorney general like John Ashcroft, who believes that sexually explicit material is an affront to God,” Douglas said. “They should go after crimes with real victims.”

But Nguyen, who spends his days investigating online pornography, said there was some troubling stuff out there.

“I thought after doing this for a while I couldn’t be surprised anymore, and then I see something and I’m shocked all over again,” he said.