In 1998, Holder wrote a memo to all 94 U.S. Attorneys:
“As you are aware within the past few years there has been increasing concern about the distribution of obscenity and child pornography both by traditional purveyors of “adult material” and in particular by those who distribute such material over the Internet. As a result of this unprecedented growth, I wish to remind you of the Department’s policies and priorities in the prosecution of federal obscenity cases… Thus, priority should be given to cases involving large-scale distributors who realize substantial income from multistate operations and cases in which there is evidence of organized crime involvement. However, prosecution of cases involving relatively small distributors can have a deterrent effect and would dispel any notion that obscenity distributors are insulated from prosecution if their operations fail to exceed a predetermined size or if they fragment their business into small-scale operations… In particular, priority also should be given to large-scale distributors of obscenity over the Internet. Because of the nature of the Internet and the availability of agents trained in conducting criminal investigations in cyberspace, investigation and prosecution of Internet obscenity is particularly suitable for federal resources.” (primary source emphasis added)
Kernes reports that a letter from Holder to Paul McGeady, the founder of Morality in Media, is even more troubling. This letter “references a meeting apparently attended by Holder, McGeady and representatives of various religio-conservative pro-censorship groups:” (source)
“I appreciated having the opportunity to meet with you recently to discuss the prosecution of obscenity cases,” Holder wrote. “Your commitment to this important issue is commendable, and I fully share your concerns about the distribution of obscenity and child pornography, whether it is over the Internet or by more traditional purveyors of such material. I encourage you, and the other organizations with whom I met, to continue working closely with the Child Exploitation and Obscenity Section of the Department of Justice as we work aggressively to address this troubling problem. Based on the many insightful comments and observations made by representatives of the various groups who attended our recent meeting, I determined that it was appropriate for me to send a memorandum to all United States Attorneys reminding them of the Department’s policies.” (source – primary source unavailable)
