The U.S. Department of Defense (DoD) issued a final ruling today on a new regulation that would prohibit the sale or rental of sexually explicit material on property under DoD jurisdiction. Under the ruling the new regulation will go into effect on DoD property worldwide on December 15, 2006.

The Defense Department's summary of the new rule is as follows:

This rule prohibits the sale or rental of sexually explicit material on property under DoD jurisdiction. It establishes responsibilities for monitoring compliance, establishes a review board to determine whether a material offered for sale or rental is sexually explicit as consistent with the definition in 10 U.S.C. 2489a, and delineates review board procedures. This updated rule includes administrative changes and one new policy allowing materials which have been determined by the Board to be sexually explicit to be submitted for reconsideration every 5 years.

While not intending to directly address the underlying issues of First Amendment rights as they may or may not pertain to sexually explicit materials, I cannot help but feel the DoD is being somewhat overly paternalistic with this ruling.

While the rule makes it clear that possession of sexually explicit materials (defined as "Material, the dominant theme of which is the depiction or description of nudity, including sexual or excretory activities or organs, in a lascivious way.") is not prohibited by DoD personnel, the rule does not apply to books and does not create any type of exemption for 'artistic' representations of nudity.

Also unclear is what exactly represents the 'sale or rental of sexually explicit material on property under DoD jurisdiction." If Sergeant John Doe uses his credit card to buy access to a porn site on the internet from his barracks room, is he 'purchasing sexually explicit material on property under DoD jurisdiction?' If Captain Jane Doe calls into a sex-chat service from her barracks is she breaking the rule? Or does the DoD intend to firewall calls and internet activity?

Perhaps the DoD would have been better served, if indeed the rule was needed at all, to say that retail establishments under DoD control would not sell sexually explicit materials instead of saying that such sales or rentals could not take place on "property under DoD jurisdiction."

Technicalities aside, the DoD certainly has better things to do than limit the porn-access of the grown-up men and women serving in the military. ShadowMonkey's advice to the men and women in our Armed Services who may be into this type of material (especially those serving overseas, where access to off-post materials may not be that convenient): get your fix before this rule goes into effect on December 15; stock up now for the holiday season; 'cause the PX won't be carrying your stuff anymore.

The full ruling is available in a document published in the Nov. 15, 2006 Federal Register . 

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