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	<title>Feminisnt &#187; Government &amp; Law</title>
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	<link>http://www.feminisnt.com</link>
	<description>I&#039;m a pornographer, sex worker, atheist, and former &#34;sex-positive feminist&#34; who grew tired of trying to shoehorn my reality into a useless feminist analysis.  I blog my observations as a politically-minded smut peddler, ethical slut, and staunch skeptic.  I despise people who project their insecurities onto others, or force sex workers into only two roles: helpless victims and evil patriarchy-colluders.  If I ever found a nonprofit, it will be called Start Porn Culture and I will go under the alias Gail Vagines.  My activist philosophy is informed primarily by Patrick Swayze&#039;s character in Roadhouse: &#34;I want you to be nice until it&#039;s time to not be nice.&#34;</description>
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		<title>The second thing potential sex workers need to know: you need a lawyer and an accountant</title>
		<link>http://www.feminisnt.com/2010/the-second-thing-potential-sex-workers-need-to-know-you-need-a-lawyer-and-an-accountant/</link>
		<comments>http://www.feminisnt.com/2010/the-second-thing-potential-sex-workers-need-to-know-you-need-a-lawyer-and-an-accountant/#comments</comments>
		<pubDate>Thu, 13 May 2010 01:53:13 +0000</pubDate>
		<dc:creator>Furry Girl</dc:creator>
				<category><![CDATA[Government & Law]]></category>
		<category><![CDATA[Money]]></category>
		<category><![CDATA[Porn]]></category>
		<category><![CDATA[Sex Work]]></category>

		<guid isPermaLink="false">http://www.feminisnt.com/?p=1273</guid>
		<description><![CDATA[Welcome to the second installment of my series of advice that's for would-be sex workers.  (The first one is here.) I am happy to help rational, professionally-minded potential sex workers fill in some of the blanks they've missed in their own research.  (I've stopped bothering to try and hand-hold anyone through the basics they could [...]]]></description>
			<content:encoded><![CDATA[<p>Welcome to the second installment of my series of advice that's for would-be sex workers.  (<a href="http://www.feminisnt.com/2009/the-first-thing-potential-sex-workers-need-to-know/" target="_self">The first one is here</a>.)</p>
<p>I am happy to help rational, professionally-minded potential sex workers fill in some of the blanks they've missed in their own research.  (I've stopped bothering to try and hand-hold anyone through the basics <a href="http://lmgtfy.com/?q=how+do+I+make+an+adult+web+site" target="_blank">they could read online if only they'd ever heard of Google</a>.)  Most people, once they do real research, figure out that sex work is not actually a real-life version of <a href="http://www.cyclonecashmachine.com/faqs.html" target="_blank">this carnival game</a>, where you jump in the windy box, grab fistfuls of cash, and then exit without having done any real work.</p>
<p>Of all the emails I receive with questions from new and would-be sex workers, I think that every single one of them has failed to ask an extremely important question: where they can find a good lawyer or a good accountant.</p>
<p>This week, I was asked by another sex worker for advice on what amounted to be, I take it, how to commit tax evasion.  She explained that her finances were a mess, she had no idea where to start, had never filed a tax return, and didn't want to pay taxes on what she was earning, and figured there must be some way out of this problem.  (Honey,<em> none </em>of us <em>want</em> to pay taxes.)  I replied with one simple line, "Sorry, you need to hire an accountant and an attorney."  She replied in an angry huff because I wouldn't give her "any quick advice" on what to do.  My second, and final reply on the matter was, "You need serious legal and financial advice FROM PROFESSIONALS, and I will not risk being held legally liable for conspiracy charges for giving you any suggestions on how to avoid paying taxes."  The part that pissed me off the most was her assumption in the first email, "It seems you are in a similar position to me so I was wondering how you do it."  <em>No</em>, I am not in a similar position.  Plenty of sex workers file and pay taxes.  We're not all taking cash under the table and burying it in coffee cans in our yards or whatever.  Asking me for my advice on doing something dodgy because you're assuming I do it myself is <em>extremely rude.</em></p>
<p>So, here's golden rule number two for new/prospective sex workers:</p>
<p><em><strong>You absolutely need to hire an attorney who specializes in adult businesses in your area.  Also, hire an accountant who specializes in adult entertainers.</strong></em></p>
<p>Let me say that again, since it obviously needs to be said, and no one listens to me when I implore them of it:</p>
<p><strong><em>You absolutely need to hire an attorney who specializes in adult businesses in your area.  Also, hire an accountant who specializes in adult entertainers.</em></strong></p>
<p>I value a lot about the sex worker community and people coming together to help one another out, but I am sick of seeing non-lawyers and non-accountants exchange incorrect advice about their legal and tax issues.  How many times have <em>you</em> read one escort advise another that if you ask the client if he's a cop, he has to tell you?  Or if he gets naked (or has sex with you), then it means he's not law enforcement?  If plenty of sex workers still believe in some 1970s-era crime movie idea about the legality of entrapment, who knows what other inadvertent, dangerous untruths they are sharing amongst each other.  Leave the lawyering to the lawyers, folks- and focus on what <em>you</em> do best.</p>
<p>The <em>very first thing</em> I did when I decided to get into porn was to hire one of the best adult industry attorneys to advise me on how to incorporate, and the laws that impacted me.  In the first couple of years, I hired him for an hour here and there to give me advice on my business and how to keep things above-board.  I will never see that as money poorly spent, even though I was eating ramen noodles and buying my work clothes from Ross Dress For Less.</p>
<p>I cannot stress enough how important it is to talk to a lawyer, and it probably costs less than you'd think.  (I spent $1000 initially, and that was before I ever had a single paying subscriber.)  The law is complicated and <em>changes all the time</em>, on local, state, <em>and</em> federal levels, and your sister sex workers, no matter how smart, are<em> not qualified to dispense legal advice </em>on your problems.  <em>In fact, it's illegal to dispense legal advice if you're not a lawyer</em>.  Lawyers possess specialized knowledge that can keep your cute ass out of jail.  (My first attorney has since retired, and he sold his business to <a href="http://www.xxxlaw.net/" target="_blank">JD Obenberger</a>, who you might recognize from <a href="http://www.redlightdistrictchicago.com/?p=69" target="_blank">Red Light District Chicago's video series</a>.)  Sex workers can be great for helping each other understand their basic universal rights, like the right to not incriminate yourself if you've been arrested, but for anything beyond that, please, <em>pay a lawyer</em>.</p>
<p>Secondly, hire an accountant who specializes in adult entertainers.  I didn't do this soon enough myself, and I wish I had.  Back in 2003, I think, I hired someone I knew only as "TaxGrrrl" in Michigan off an adult industry message board to do my taxes, and she screwed up, leaving me with a fine for almost $1000.  Now?  I am thrilled to have <a href="http://taxdomme.com/" target="_blank">Lori of TaxDomme.com</a> keeping my financial life in working order.  (And believe me, I am the world's sloppiest housekeeper when it comes to financial organization and orderly creation of spreadsheets, so if she can make my business tidy, she can make your life tidy, too.)</p>
<p>Sex work is about being a responsible professional, and sometimes, that means knowing when you need to turn to other professionals.</p>
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		<title>Review: The Government vs. Erotica</title>
		<link>http://www.feminisnt.com/2009/review-the-government-vs-erotica/</link>
		<comments>http://www.feminisnt.com/2009/review-the-government-vs-erotica/#comments</comments>
		<pubDate>Tue, 02 Jun 2009 08:39:56 +0000</pubDate>
		<dc:creator>Furry Girl</dc:creator>
				<category><![CDATA[Book Reviews]]></category>
		<category><![CDATA[Government & Law]]></category>
		<category><![CDATA[Kink / BDSM]]></category>
		<category><![CDATA[Porn]]></category>

		<guid isPermaLink="false">http://www.feminisnt.com/?p=161</guid>
		<description><![CDATA[The Government vs. Erotica: The Siege of Adam &#38; Eve by Philip D Harvey Published in 2001 ★★★☆ Recommended: For more serious sexuality bookworms In an alternate world, Phil Harvey would be a better-known first amendment crusader. Far from the bombastic, abrasive persona of Larry Flynt, Harvey is an adult retailer who seems like he [...]]]></description>
			<content:encoded><![CDATA[<p>The Government vs. Erotica: The Siege of Adam &amp; Eve<br />
by Philip D Harvey<br />
Published in 2001</p>
<p>★★★☆</p>
<p>Recommended: For more serious sexuality bookworms</p>
<p>In an alternate world, <a href="http://en.wikipedia.org/wiki/Phil_Harvey" target="_blank">Phil Harvey</a> would be a better-known first amendment crusader.  Far from the bombastic, abrasive persona of Larry Flynt, Harvey is an adult retailer who seems like he could be your friendly libertarian grandpa.  Throughout the book, Harvey maintains a sort of innocent patriotic optimism, and in spite of his own dealings with malicious encroachments on his rights, he seems pretty shocked that the government of the United States of America would ever do anything underhanded.</p>
<p>"The Government vs. Erotica" is a look at the series of coordinated obscenity prosecutions of Philip Harvey, his company, Adam &amp; Eve, and many of his employees.  The government's strategy was to indict Harvey and others in multiple districts around the country, bleeding them dry through a series of costly legal battles over bogus obscenity charges.  It's the kind of thing that has killed smaller companies with less means to defend themselves.</p>
<p>From the first raid on their North Carolina facility, and along a journey of nearly 8 years and $3 million in legal fees, Harvey covers his cases in detail.  He also writes more broadly about porn, class, taste, fear of sexuality, freedom of expression, and the nonsensical nature of American morality laws.  I'm sure both areas of the book would be equally interesting to some, but I found Harvey to be a more engaging writer when he's focused on the big picture, rather than the minutiae of his drawn-out battle.</p>
<p>But what a battle it was- Harvey spent from May 1986 to December 1993 fighting off wave after wave of prosecutions around the country.  Before we internet pornographers had to wonder if some conservative enclave in Utah or Alabama would find our porn obscene by their "community standards", Harvey was fighting in such places on behalf of his mail-order company.  For that, I can't help but respect the guy, even though we disagree on other issues.</p>
<p>My favorite chapter of the book was probably "Pornography and Class", where Harvey muses on what defines the line between that which is considered to have artistic merit, and what which is mere obscenity or trash.  Some passages from that section I wanted to highlight:</p>
<blockquote><p>Judge [Robert] Bork would have us believe that today's popular culture is "more vulgar than at any time in the past." He looks back fondly on the 1930s, when performers sang about "the way you look tonight," with a warm smile, a soft cheek, "nothing for me but to love you."  But public lynchings were sometimes popular "entertainment" in the 1930s, too, a phenomenon that strikes me as a lot more coarse than any form of rap.</p></blockquote>
<p>And</p>
<blockquote><p>Class-based views of pornography take many forms.  "Once upon a time," observes a New York Times writer, "obscenity was confined to expensive leather-bound editions available only to gentlemen... One of the questions asked by the crown prosecutor [in the trial of the publisher of _Lady Chatterly's Lover]... was: 'Would you let your servant read this book?'"  Indeed, one of the earliest common-law decisions involving obscenity reflected this elitist attitude.  The Queen's Bench rules in 1868 that, to be obscene, material must have the power to "deprave and corrupt those whose minds are open to such immoral influences.</p></blockquote>
<p>Or</p>
<blockquote><p>In American culture, this phenomenon is exemplified by Larry Flynt's Hustler magazine... As writer and sociologist MG Lord observes, "Hustler's scatological fantasies have less to do with penetrating women than with the rage at having not penetrated the privileged classes."  Laura Kipnis adds, "The catalogs of social resentments Hustler trumpets, particularly against class privilege, makes it by fat the most openly class-antagonistic mass-circulation periodical of any genre." [...] Hustler, contrariwise [to Playboy and Penthouse], goes out of its way to harpoon the upper crust, to denigrate those PhD elitists, to fart on the pretensions of the ruling class, or anyone pretending to be holier than thou.</p></blockquote>
<p>In another strong chapter, "What are We Afraid Of? Sexuality and Censors", he interviews <a href="http://sexualintelligence.wordpress.com/" target="_blank">Dr Marty Klein</a>:</p>
<blockquote><p>There are a lot of people who don't want sexual experimentation going on in the world.  It reminds them that they have desire themselves, desires that they are scared by or feel ashamed of or guilty about.  Unapologetic sexuality opens up the possibility of a form of freedom - a choice - that sex-fearful people don't want to have.  Rather, they try to shut down those sexual activities out there that they're scared of wanting to do themselves.</p></blockquote>
<p>In the end, after a lot of stubbornness and struggle, Harvey and his legal team accepted a truce deal with the US government, which required that Harvey "throw a bone" tothe state of Alabama.  He wouldn't plead guilty to any speech issues, so after much searching, his team found out that they once probably mailed materials into Alabama using 8 or 9 point fonts rather than the 12 point fonts mandated by law on certain mailings.  It's a bit of an anti-climactic ending, but one that no doubt saved Harvey many additional years and millions of dollars.</p>
<p>Now, onto my two tangents of criticism that don't really have to do with the quality of the book.</p>
<p>Harvey raises my blood pressure when he repeatedly reminds readers that the porn he was selling featured only mainstream adult content.  I'm bothered by the false dichotomy set up in sentences such as "...depictions of positive sexuality between cheerfully consenting adults, without violence or degradation." It's the <em>consenting adults</em> bit that matters, not whether the performers are giggling or sobbing during the scene.</p>
<p>For non-industry readers, I can see how Harvey is trying to make himself look extra "upstanding" by refusing to carry porn that features anything "too dirty", but he does the perv/porn community a disservice by dividing adult entertainment into "good" and "bad" based on whether or not it's <em>kinky</em>, rather than by standards such as the labor conditions under which it was made. Anyone with any sense of sexual sophistication knows that "violence" and "degradation" are not mutually exclusive to "positive sexuality".</p>
<p>Here's the other irksome issue: it takes awfully big balls to sling mud at kinky "degrading" porn because of one's vague personal concern it's <em>possibly</em> unhealthy for viewers, when one can buy from Harvey's company such products as "Adam &amp; Eve Vaginal Tightening Tightener Cream" or "Adam &amp; Eve Anal Easy Lubricant" (which numbs your ass so you have no idea if you're being hurt! fun!), fake breast enlargement pills, fake penis enlargement pills, and of course, a load of toxic mystery jelly sex toys.  "Positive healthy sexuality" fail, Harvey.</p>
<p>Adam &amp; Eve doesn't sell anything that's more obnoxious than other mainstream adult retailers, so I'm not trying to single them out too much.  I do genuinely respect Phil Harvey for going to bat for everyone's right to enjoy and sell porn, I just wish there was a greater sense of ethical consistency in place of throwing folks under the bus who like their porn (and by extension, their sex lives) with more kink.</p>
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