Government Receives Extension in U.S. v. Schaffer and Kilbride

After reviewing Jeffrey Kilbride and James Schaffer’s opening brief on appeal of their unprecedented convictions for spamming and obscenity, the United States Attorney’s office sought and received an extension of time to file the Government’s one and only response. That response is now due November 13, 2008.

Schaffer and Kilbride represent the first convictions in the Ninth Circuit for Internet Obscenity not involving child pornography and the first convictions ever under the Federal CAN-SPAM Act. In November, 2007, after hiring The Kaufman Law Group and Piccionelli & Sarno, both Schaffer and Kilbride were granted bail pending appeal. Schaffer and Kilbride’s opening appellate brief was filed on July 16, 2008.

Mr. Schaffer’s attorney, Gary Jay Kaufman of The Kaufman Law Group is confident in the outcome: “We, of course, do not oppose any extension that the Government may seek in this case. The facts and the applicable law are not going to change and we are confident the Ninth Circuit will reverse these erroneous convictions.”

Mr. Kilbride’s attorney, Greg Piccionelli of Piccionelli & Sarno, had this to say: “The Government is taking this case very seriously. They know that this case may very well change the law on obscenity and, in turn, the Government’s entire strategy in bringing obscenity prosecutions.”

Colin Hardacre, also of The Kaufman Law Group, also anticipates a change in the law: “The simple fact is that the Miller test has become unworkable in the Internet age. Just as the horse and buggy gave way to the automobile, local community standards must give way to a national standard for obscenity on the Internet. The significance of this case for the adult industry cannot be understated.”

For more information, view the AVN article here.