Page 42 - Payout Magazine Online Volume 10.01

So Long 2019,
2020 Here we Come…
By Corey D. Silverstein, Esq.
Myadultattorney.com
It’s always a pleasure being invited to write
for Payout Magazine. I don’t think that
Michael B’s skills as a photographer and his
contributions to the adult industry are given
the acknowledgment that they deserve.
On a professional level, 2019 was one
of the most memorable years of my career
and I have no idea how I’ll be able to top it
in 2020. In 2019, I had the honor of winning
the 2019 XBIZ Community Figure of the Year
Award and I was inducted into the YNOT Hall
of Fame at the 9th Annual YNOT Awards
in Prague. I attended tradeshows across
the world and presented more than a dozen
legal and business seminars. Also, I had the
pleasure of launching the Clips4Sale Legal
zone with Neil and became a board member
of Pineapple Support. Above all, 2019 gave
me the opportunity to continue to fight for my
clients’ freedom of speech and assist them
with their product launches and growth. I can
only hope that 2020 will be as fulfilling and
enjoyable as 2019.
Historically, when I’ve written end-of-year past January, Google was assessed fines in
summaries of the legal issues that the adult
industry faced in a given year, I was able to
compile a fairly limited list. However, in 2019, violations of the GDPR. Most experts and
the real question is, what didn’t we see. SESTA- journalists seem to agree that this is being
42 PAYOUTMAGAZINE
FOSTA continued to wreak havoc across the
industry and forced almost every single online
adult business to, at the very least, review if enforceable. Incredibly, the majority of online
not change its business practices. Speaking
of FOSTA, on September 20, 2019, the United
States Court of Appeals for the District of
Colombia Circuit heard oral argument on the
Woodhull Freedom Foundation’s challenge
to the constitutionality of SESTA-FOSTA. I
anticipate that the Court of Appeals will issue
an opinion in the 1st quarter of 2020. Business the U.S. Department of Justice raged on, as
operators and sex workers throughout the
world continue to argue that FOSTA has done
absolutely nothing to keep sex workers safer
and assert that FOSTA has actually made
things more dangerous.
In the world of data privacy, in 2019, more October 7, 2019, the lawsuit officially turned
than 25 states either introduced or passed
legislation related to Consumer Data Privacy.
That number is expected to increase in 2020
and of course California’s Consumer Privacy
Act of 2018 (CCPA) takes effect on January 1,
2020. Companies throughout the industry are
rightfully scrambling to prepare for the CCPA
rollout.
2019 started out with a bang when this
the amount of 50 million euros (approximately
57 million USD) by a French regulator for
considered the first major financial penalty
assessed on anyone since the GDPR became
adult businesses are still not GDPR compliant
and have done little to even try to comply with
the EU’s regulation on data and privacy despite
the severe consequences that the regulation
imposes on those who violate.
The Free Speech Coalition’s war against
the U.S. Court of Appeals for the 3rd Circuit
held a hearing in early September related to
the government’s appeal of the trial court’s
holding that numerous parts of 18 USC 2257
were unconstitutional. October 2019 was a
historical month for the lawsuit because on
10 years old! The entire industry owes a
substantial debt of gratitude to attorney J.
Michael Murray who has done an incredible
job with this constitutional challenge. Mr.
Murray’s work in this case has been nothing
short of spectacular.
In September 2019, California Governor
Gavin Newsom signed AB 5, which becomes
effective on January 1, 2020. AB 5 is a California
law which limits the use of classifying workers
as independent contractors as opposed
to employees. Many refer to AB 5 as the
death of the use of independent contractors
in California. Everyone from producers to